Dana Point Municipal Code Ch. 15.10 Storm Water/Surface Runoff Water Quality

This Chapter shall be entitled "Storm Water/Surface Runoff Water Quality" and shall be known by this title throughout this Code.

(Added by Ord. 10-12, 11/8/10)

The general purpose of this Chapter is to protect the health and safety of the waters of the State of California and the United States, for those who use the waters for recreation and food sources, and for the marine habitats and ecosystems existing in the waters by:

(a) Effectively prohibiting non-storm water discharges into the MS4;

(b) Reducing pollutant loads in surface runoff, including in storm water, to the maximum extent practicable;

(c) Establishing minimum requirements for surface runoff management, including source control requirements, to prevent and reduce pollution;

(d) Establishing requirements for development and redevelopment project site designs to reduce surface runoff pollution and erosion; and

(e) Establishing requirements for the management of surface runoff flows from development and redevelopment projects, both to prevent erosion and to protect and enhance existing water-dependent habitats.

(Added by Ord. 10-12, 11/8/10)

For the purposes of this Chapter, the following words shall have the meanings ascribed to them in this Section:

"Authorized Enforcement Official"

shall mean the City Manager or designee.

"Authorized Enforcement Staff"

shall mean any City employee, including Code Enforcement, Building Inspectors and Public Works staff, assigned to duties involving permits and other City approvals, inspections, and enforcement related to this Chapter.

"Best management practices" or "BMPs"

shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the storm drain system. Best management practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter.

"Channel"

shall mean a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water.

"City"

shall mean the City of Dana Point.

"City Manager"

shall mean the City Manager of the City or designee.

"City Model Water Quality Management Plan" or "City Model WQMP"

shall mean that model water quality management plan set forth in the City's Local Implementation Plan (defined below).

"Commercial discharger"

shall mean a discharger who owns and/or operates a commercial business and/or site/source anywhere in the City.

"Commercial site/source"

shall mean all sites/sources engaged in business or commerce, whether for profit or not-for-profit, or publicly or privately owned, except for municipal facilities and industrial sites/sources.

"Constructed wetland"

shall mean a vegetated area that has been deliberately modified to provide or enhance habitat, to provide water quality benefits, or to moderate water flow rates or velocities, that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

"Co-permittee"

shall mean the County of Orange, the Orange County Flood Control District and/or any one of the 11 municipalities (including the City) which is responsible for compliance with the terms of the NPDES order.

"DAMP"

shall mean the Orange County Drainage Area Management Plan, including the appendices which include the City's adopted Local Implementation Plan, as the same may be amended from time to time.

"Developer"

shall mean any person or persons who seeks or receives any permit or approval to undertakes development activities within the City.

"Development"

shall mean, for purposes of this Chapter, any and all new development or redevelopment projects involving land disturbing activities, or structural development, including construction or installation of a building or structure, and/or the creation of impervious surface areas (also see "new development" and "redevelopment" defined below).

"Development project guidance"

shall mean DAMP Chapter 7 and the Water Quality Management Plan Requirements, as all such documents/requirements may be amended from time to time.

"Directly adjacent"

shall mean situated within 200 feet of any property or water body.

"Director"

shall mean the City Director of Public Works and Engineering Services or designee.

"Discharge"

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

"Discharge exception"

shall mean the group of activities not restricted or prohibited by this Chapter, including only the following discharges (the discharger shall have the burden of proving the application of any applicable discharge exception in any enforcement action brought pursuant to this Chapter):

(1)

Discharges composed entirely of rain water runoff;

(2)

Discharges authorized by current EPA or Regional or State Board issued NPDES permits, State General Permits, or other waivers, permits, approvals or authorizations granted by a government agency; and all other discharges otherwise authorized under federal or State law;

(3)

Discharges from property for which best management practices set forth in the development project guidance are being implemented and followed;

(4)

Discharges to the MS4 from:

(A)

Diverted stream flows,

(B)

Rising groundwaters,

(C)

Infiltration to the MS4 of groundwater uncontaminated by sewage,

(D)

Uncontaminated pumped groundwater,*

(E)

Foundation drains,*

(F)

Springs,

(G)

Water from crawl space pumps,*

(H)

Footing drains,*

(I)

Air conditioning condensation,

(J)

Flows from riparian habitats and wetlands,

(K)

Water line flushing, except for fire suppression sprinkler system maintenance and testing discharges,**

(L)

Discharges from potable water sources, except to the extent such discharges are subject to but not in compliance with any general permit issued by the State or Regional Board or any waste discharge requirements or other similar authorization,

(M)

Individual residential car washing, except to the extent that pollutants are discharged to the MS4,

(N)

Dechlorinated swimming pool discharges,

(O)

Emergency fire fighting activities;

(5)

Discharges authorized pursuant to a permit issued under this Chapter.

"Discharger"

shall mean any person or entity engaged in activities or operations and/or owner the business and/or site/source, which will or may result in pollutants entering storm water, the storm drain system, or receiving waters; and the owners, operators or persons in charge of the day-to-day activities of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.

"Discharging directly"

shall mean outflow from a storm drain system that is composed entirely of flows from the subject development site, and not commingled with flows from adjacent lands.

"Enforcing attorney"

shall mean the City Attorney or the District Attorney acting to enforce any portion of this Chapter, or the designee of either of them, who is authorized to take enforcement action as described herein.

"Environmentally Sensitive Areas" or "ESAs"

shall mean areas that include, but are not limited to, all Clean Water Act Section 303(d) Impaired Water Bodies; areas designated as Areas of Special Biological Significance by the State Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); State Water Quality Protected Areas; water bodies designated with the RARE beneficial use by the State Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Natural Communities Conservation Program within the City and County of Orange; and any other equivalent environmentally sensitive areas which have been identified by the co-permittees.

"EPA" or "US EPA"

shall mean the United States Environmental Protection Agency.

"Erosion"

shall mean when land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via surface runoff. Erosion occurs naturally but can be intensified by land clearing activities such as grading or other development activities.

"Hearing Officer"

shall mean Hearing Officer as defined in Chapter 1.10 of the City Municipal Code.

"Household hazardous waste" or "HHW"

shall mean a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes but is not limited to paint and paint-related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries.

"Illicit connection"

shall mean any device or conveyance or drainage system, pipeline, conduit, inlet or outlet through or by which the discharge of any pollutant to the MS4 occurs or may occur, including but not limited to floor drains, pipes or any fabricated or natural conduits. The term "illicit connection" shall not include legal nonconforming connections or connections to the MS4 that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

"Illicit discharge"

shall mean any discharge to the MS4 that is not a discharge exception or a discharge resulting from firefighting activities (40 CFR 122.26(b)(2)).

"Impaired water body"

shall mean a water body that is listed by the State Board as impaired for a particular pollutant or pollutants, pursuant to section 303(d) of the federal Clean Water Act, 33 U.S.C. § 1251, et seq. An impaired water body is considered one and the same as a "303(d) listed water body."

"Impervious cover or impervious surface"

shall mean constructed or modified surfaces that cannot effectively infiltrate rainfall.

"Impervious surface area"

shall mean the ground area covered or sheltered by an impervious surface, measured in plain view (i.e., as if from directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.

"Industrial activity"

shall mean manufacturing, processing, or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials; manufactured products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of process wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product.

"Industrial discharger"

shall mean a discharger who owns and/or operates an industrial business and/or site/source anywhere in the City.

"Industrial sites/sources"

shall mean those categories of industrial sites and sources as defined in 40 CFR § 122.26(b)(14), including, but not limited to, those sites and sources that are subject to a State General Permit or other individual NPDES permit, including operating and closed landfills; facilities subject to SARA Title III; and hazardous waste treatment, storage and disposal facilities.

"Infiltration"

shall mean the process of percolating surface runoff into the subsoil.

"Infiltration BMPs" or "infiltration facility"

shall mean any structural treatment BMP designed primarily to percolate surface runoff into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands, or filtering swales are not infiltration facilities.

"Invoice for costs"

shall mean all City costs and expenses incurred in investigating, assessing, monitoring, testing, remedying and/or abating any violation of this Chapter, including but not limited to all administrative overhead, salaries and related expenses, as well as all outside vendor, consulting and legal fees and costs incurred in connection therewith. The term "invoice for costs" shall also include all inspection and monitoring costs and fees incurred pursuant to Section 15.10.060 of this Chapter.

"Legal nonconforming connection"

shall mean connections to the MS4 existing as of the date of the initial adoption of this Chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to, any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to County Ordinance No. 703.

"Local Implementation Plan" or "LIP"

shall mean the City's adopted plan for implementation of the NPDES order, as may be amended from time to time. The City's Local Implementation Plan is an appendix to the DAMP and is considered to be a part thereof.

"Low impact development" or "LID"

shall mean a surface runoff management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, and small scale hydrologic controls to more closely reflect pre-development hydrologic functions, including but not limited to: site design practices, hydrologic source controls, retention BMPs, and biotreatment BMPs.

"Maintenance of a BMP"

shall mean periodic action taken to maintain the as-designed performance of a BMP, and includes but is not limited to repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.

"Maximum extent practicable" or "MEP"

is the accepted standard for the development of best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as surface runoff regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs.

"Municipal facility"

shall mean a facility owned or operated by the City that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities.

"Municipal separate storm sewer system" or "MS4"

shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:

(1)

Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over the discharge of surface runoff, sewage, industrial waters or other wastes, including special districts under State law, such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;

(2)

Designated or used for collection or conveying surface runoff;

(3)

Not a combined sewer; and

(4)

Not part of a publically owned treatment works (POTW) as defined in 40 CFR 122.26.

"New development"

shall mean all public and private development (whether residential—single-family, multi-unit or planned unit development; industrial; commercial; retail; and/or other nonresidential construction projects) involving grading for future construction, for which either a discretionary land use approval, a grading permit, a building permit or a nonresidential plumbing permit is required.

"Nonresidential plumbing permit"

shall mean a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids, other than surface runoff, potable water, reclaimed water or domestic sewage.

"NPDES"

shall mean the National Pollutant Discharge Elimination System.

"NPDES order"

shall mean the currently applicable municipal discharge permit(s) issued by the Regional Board, which permit establishes waste discharge requirements applicable to surface runoff in the City.

"Person"

shall mean any natural person as well as any corporation, partnership, government entity or subdivision thereof, and any trust, estate, association, joint venture, business entity or other similar entity, including their agents, employees and representatives.

"Pollutant"

shall mean any agent that may cause or contribute to the degradation of water quality, such that a condition of pollution or contamination is created or aggravated, including but not limited to:

(1)

Chips, shavings or pieces of natural or man-made materials, including but not limited to plastics, wood or metal shavings, and byproducts of manufacturing;

(2)

Solid waste, including, but not limited to: municipal waste and residential (household) waste (such as trash, paper, plastics, lawn clippings and yard wastes, and pesticides, herbicides and fertilizers);

(3)

Liquid waste, including, but not limited to: oil or other fluids from motor vehicles, lawn mowers and other common household equipment; coolants; and cleaning chemicals, soaps, detergents and surfactants;

(4)

Metals and nonmetals, including, but not limited to: cadmium, lead, zinc, copper, silver, nickel, chromium, phosphorus, nitrogen and arsenic;

(5)

Petroleum and related hydrocarbons, including, but not limited to: fuels, lubricants, waste oils, solvents, and grease;

(6)

Eroded soils, sediment and particulate materials;

(7)

Animal wastes;

(8)

Substances having a pH less than 6.5 or greater than 8.5, or having unusual coloration, turbidity, or odor;

(9)

Pathogens or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

(10)

Waste materials and waste water generated on construction sites and by construction activities, including but not limited to: paint, paint flakes, stain, sealants, glues, limes, pesticides, fertilizers, herbicides, wood preservatives, solvents, asbestos, stucco fragments, oils, lubricants, hydraulic fluid, radiator fluid, battery fluids, construction equipment wash water, concrete pouring and cleanup wash water, concrete detergents, steam cleaning and sand blasting residues, chemical degreasing or diluting agents, and super chlorinated water generated by potable water line flushing;

(11)

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

(12)

Materials which contain base/neutral or acid extractable organic compounds;

(13)

Those pollutants defined in Section 1362(6) of the Clean Water Act, including solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal and agricultural waste; and

(14)

Any other constituent or material discharged that may cause or contribute to a condition of pollution or nuisance or otherwise causes or has the reasonably potential to cause a violation of the NPDES order.

"Post-construction"

shall mean long-term activities or facilities that remain after construction is completed.

"Priority commercial sites/sources"

shall mean the following commercial sites/sources (which are each considered to be priority threats to water quality):

(1)

Automobile mechanical repair, maintenance, fueling, or cleaning;

(2)

Airplane mechanical repair, maintenance, fueling, or cleaning;

(3)

Boat mechanical repair, maintenance, fueling, or cleaning;

(4)

Equipment repair, maintenance, fueling, or cleaning;

(5)

Automobile and other vehicle body repair or painting;

(6)

Mobile automobile or other vehicle washing;

(7)

Automobile (or other vehicle) parking lots and storage facilities;

(8)

Retail or wholesale fueling;

(9)

Pest control services;

(10)

Eating or drinking establishments;

(11)

Mobile carpet, drape or furniture cleaning;

(12)

Cement mixing or cutting;

(13)

Masonry;

(14)

Painting and coating;

(15)

Botanical or zoological gardens and exhibits;

(16)

Landscaping;

(17)

Nurseries and greenhouses;

(18)

Golf courses, parks and other recreational areas/facilities;

(19)

Cemeteries;

(20)

Pool and fountain cleaning;

(21)

Marinas;

(22)

Portable sanitary services;

(23)

Building material retailers and storage;

(24)

Animal facilities;

(25)

Mobile pet services;

(26)

Power washing services;

(27)

Other commercial sites/sources that the Director determines has or may contribute a significant pollutant load to the MS4;

(28)

Any commercial site/source tributary to an impaired water body, where the site or source generates pollutants for which the water body is impaired; and

(29)

Any commercial site/source within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water within an ESA.

(30)

Other commercial sites/sources with a history of unauthorized discharges to the MS4.

"Priority development project" or "PDP"

shall mean a development project that falls within any one or more of the following categories:

(1)

New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site), including commercial, industrial, residential, mixed-use, and public projects on private or public land within the City.

(2)

Automotive repair shops that are categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, and 7536-7539.

(3)

Retail gasoline outlets (RGOs) that meet the following criteria: (a) are 5,000 square feet or more in total size; or (b) have a projected average daily traffic (ADT) of 100 or more vehicles per day.

(4)

Restaurants. "Restaurant" shall mean a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812). Restaurants where the land development is greater than 5,000 square feet shall comply with all requirements imposed on priority development projects under this Chapter. Restaurants where the land development is less than 5,000 square feet need not comply with those SSMP requirements involving structural control BMPs or any of the numeric sizing criteria requirements set forth in the NPDES order as being applicable to priority development projects.

(5)

Parking lots of 5,000 square feet or more or with 15 parking spaces or more which are exposed to surface runoff. "Parking lot" shall mean land area or a facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce.

(6)

Streets, roads, highways, and freeways. This category includes any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles.

(7)

Hillside development greater than 5,000 square feet. "Hillside development" shall mean any development which is located in an area with known erosive soil conditions or where the natural slope is 25% or greater.

(8)

Impervious surface of 2,500 square feet or more located within, directly adjacent to, or discharging directly to an environmentally sensitive area; or a project with an increase in impervious surface area of 10% or more of its naturally occurring condition located within, directly adjacent to, or discharging directly to an environmentally sensitive area.

(9)

All redevelopment projects that create, add or replace at least 5,000 or more square feet of impervious surface area on an already developed site, and the existing development or redevelopment project falls under another priority development project category. If the redevelopment results in the addition or replacement of less than 50% of the impervious surface area on-site and the existing development was not previously subject to SSMP requirements, the numeric sizing criteria set forth in the NPDES order only apply to the addition or replacement area. If the addition or replacement accounts for 50% or more of the impervious surface area, the SSMP requirements shall apply to the entire development.

(10)

Such additional development projects as may be added from time to time to the City's Model WQMP as priority development projects, in accordance with the NPDES order (e.g., those development projects which result in the disturbance of one or more acres of land).

"Priority residential areas/activities"

shall mean any of the following residential areas/activities (any one of which is considered to be a priority threat to water quality):

(1)

Automobile repair and maintenance;

(2)

Automobile washing;

(3)

Automobile parking;

(4)

Home and garden care activities and product use (pesticides, herbicides, and fertilizers);

(5)

Disposal of household hazardous waste (e.g., paints, cleaning products, and other wastes generated during home improvement or maintenance activities);

(6)

Disposal of pet waste;

(7)

Disposal of green waste;

(8)

Any other residential source of pollutants which the Director determines may result in the discharge of pollutants to the MS4;

(9)

Any residence tributary to an impaired water body, where the residence generates pollutants for which the water body is impaired; and

(10)

Any residence within or directly adjacent to or discharging directly to coastal waters or other receiving waters within an ESA.

"Private property"

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

"Prohibited discharge"

shall mean any discharge that is not a discharge exception, and which contains any pollutant, from public or private property that is discharged to, or that has the reasonable potential to be discharged to (1) the MS4; (2) any upstream flow, which is tributary to the MS4; (3) any groundwater, river, stream, creek, lagoon, lake, reservoir, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (4) any coastal harbor, bay, lagoon, or the Pacific Ocean.

"Project proponent"

shall mean the developer who is proposing a particular development project.

"Rainy season"

shall mean from October 1st through April 30th.

"Receiving waters"

shall mean all waters that are "waters of the State" within the scope of the California Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean, and groundwater.

"Redevelopment"

shall mean the proposed creation, addition, and/or replacement of impervious surface area on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surface areas. Replacement of impervious surface areas includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair.

"Regional Board" or "SDRWQCB"

shall mean the California Regional Water Quality Control Board, San Diego Region.

"Regional Water Quality Control Board" or "RWQCB"

shall mean any one of nine regional water quality control boards in the State of California which administer water quality requirements and issue NPDES orders, permits, and related surface runoff requirements.

"Responsible party"

shall mean "responsible party" as defined in Chapter 1.10 of the City Municipal Code.

"Standard Storm Water Mitigation Plan," "SSMPs," "Standard Urban Storm Water Mitigation Plan," "SUSMP," "Water Quality Management Plan" or "WQMP"

shall all mean that development document required under the NPDES Order for Priority Development Projects, and shall include those plans meeting the requirements of the City Model Water Quality Management Plan.

"State Board" or "SWRCB"

shall mean the California State Water Resources Control Board.

"State General Permit"

shall mean the waste discharge requirements for discharges of storm water associated with industrial activities excluding construction activities permit (State Industrial General Permit) and/or the NPDES General Permit for storm water discharges associated with construction and land disturbance activities (State Construction General Permit) and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency (EPA) revokes the in-lieu permitting authority of the State Water Board, then the term State General Permit shall also refer to any EPA administered runoff control program for industrial and construction activities.

"Storm drain system"

shall mean private and public streets, gutters, channels, storm drains, constructed drains, lined diversion structures, wash areas, inlets, outlets or other facilities, other than sanitary sewers, which are a part of or tributary to the City and County-wide surface runoff system used for the purpose of collecting, storing, transporting or disposing of surface runoff.

"Storm water"

shall mean storm water runoff, snow melt runoff, and surface runoff and drainage (see 40 CFR 122.26(b)(13)).

"Storm water pollution prevention plan" or "SWPPP"

shall mean a document which meets the requirements of an SWPPP under the State General Permit or other NPDES permit.

"Tributary to an impaired water body"

shall mean a facility or activity which is tributary to an impaired water body if surface runoff from that facility or activity enters (1) the storm drain system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge to the impaired water body; (2) a flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water body; or (3) an ephemeral stream that reaches the impaired water body during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events.

"Water Quality Management Plan" or "WQMP"

shall mean the Standard Storm Water Mitigation Plan, SSMP, Standard Urban Storm Water Mitigation Plan or SUSMP as defined above.

"Water Quality Management Plan requirements" or "WQMP requirements"

shall mean those requirements as set forth in the City's Model WQMP.

"Water quality standards"

shall mean those water quality standards (i.e., the water quality objectives combined with the beneficial uses, such as swimming, fishing, municipal drinking water supply, etc.) as set forth in the Regional Water Quality Control Plan (Basin Plan) for the San Diego Region, as adopted by the Regional and State Boards, and applicable to the jurisdictional area of the City.

"Waters of the United States"

shall mean water subject to the regulatory jurisdiction of the United States under the federal Clean Water Act and applicable case law.

(Added by Ord. 10-12, 11/8/10)

(a) Construction and Application. This Chapter shall be interpreted to be consistent with the requirements of the NPDES order. This Chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose more protective standards for human health or the environment, shall take precedence.

(b) Recycled Water. This Chapter is not intended to prohibit or prevent the use of recycled water. This Chapter is intended to require the use of best management practices (BMPs) for such uses and discharges as necessary to protect human health and the environment in accordance with governing laws.

(Added by Ord. 10-12, 11/8/10)

(a) No person shall:

(1) Cause, permit, allow or facilitate any prohibited discharge.

(2) Construct, maintain, operate and/or utilize any illicit connection.

(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, including but not limited to, causing, allowing, permitting or facilitating any prohibited discharge through an illicit connection.

(b) Any owner and/or operator of an illicit connection shall immediately cause the connection to be removed and/or eliminated. This prohibition on illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of the enactment of this Chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:

(1) For all structural improvements to private property installed for the purpose of discharge to the storm drain system, five years from the initial adoption of this requirement; or

(2) For all nonstructural improvements to private property (including natural surface flow patterns, depressions or channels traversing one or more properties) existing for the purpose of discharging to the storm drain system, six months following delivery of a notice to the owner or person in charge of the day-to-day activities of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of the use under this Chapter.

(c) A civil or administrative violation of this Section shall exist irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection, or to cause, allow, permit or facilitate any discharge prohibited by this Section.

(d) If the authorized enforcement official reasonably determines that a discharge which is otherwise considered a discharge exception may adversely affect the beneficial uses of receiving waters, or may be a significant source of pollutants, then the authorized enforcement staff may give written notice to the owner of the private property or site/source, that the discharge shall no longer be considered a discharge exception following the expiration of the 30 day period commencing upon delivery of the notice. Upon expiration of the 30 day period, any continuation of the discharge shall constitute a violation of this Section.

(e) The owner, operator, or person responsible for installing, maintaining, operating or utilizing an illicit connection that was a legal nonconforming connection may request an administrative hearing, pursuant to the procedures set forth in connection with an administrative compliance order, to attempt to obtain an extension of the period of time allowed for the continued use of said connection. A reasonable extension of use may be authorized by the City Manager upon consideration of the following factors:

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

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

(3) The financial effect upon the discharger of a termination of the legal nonconforming connection.

(Added by Ord. 10-12, 11/8/10)

(a) Development Requirements.

(1) All new development and redevelopment projects within the City shall be undertaken in accordance with:

(A) The development project guidance, including but not limited to, where applicable, the City Model WQMP; provided, however, that compliance with the requirements of the development project guidance shall not exempt a person from independently complying with all other applicable provisions of this Chapter.

(B) Any conditions and requirements established by the Director which are reasonably related to the reduction or elimination of pollutants in surface runoff from the project site.

(2) The owner of a new development or redevelopment project or its assigns, or upon transfer of the property, its successors-in-interest to the property, shall implement and adhere to all terms, conditions and requirements imposed by this Chapter.

(3) Each failure by the owner of the property, its assigns, or its successors in interest to the property to implement and adhere to the terms, conditions and requirements imposed on a new development or redevelopment project, shall constitute a violation of this Chapter.

(4) The Director may require that the terms, conditions and requirements imposed pursuant to this Section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation.

(5) If the Director determines that the project will have a de minimis impact on the quality of surface runoff, then he/she may issue a written waiver and/or a conditional waiver of some or all of the applicable requirements of the development project guidance.

(b) Approval Process Criteria and Requirements for all Development Projects. For all proposed development projects, each developer, as a condition of project approval, shall identify the necessary measures to be implemented to assure that the expected surface runoff from the project will be in compliance with the terms and conditions of this Chapter.

(c) Compliance with the conditions and requirements of an approved Water Quality Management Plan shall not exempt any person from the requirement to independently comply with all other applicable provisions of this Chapter.

(d) Best Management Practice Requirements. The developer shall comply with all other applicable best management practice requirements set forth in the DAMP and the City's Local Implementation Plan as required by the City, to prevent, reduce or remove, to the maximum extent practicable, pollutants from entering the MS4.

(e) Compliance with WQMP Requirements. No developer of a priority development project shall commence any land disturbing activities in connection with the proposed project without first submitting and obtaining the City's approval of a Water Quality Management Plan for the project. All Water Quality Management Plans must be consistent with the City's Model WQMP, including demonstrating compliance with all applicable WQMP requirements and low impact development and hydromodifcation requirements provided for in the City's Local Implementation Plan.

(f) Implementation of WQMP. All best management practices set forth in the approved project-specific Water Quality Management Plan, including, but not limited to, any applicable low impact development requirements, shall be implemented and maintained at all priority development projects, by the developer, owner, and/or other responsible party.

(g) Where a development project will result in activities that are subject to one or more State General Permit(s), the applicant shall provide evidence that coverage under such State General Permit(s) has been obtained;

(h) Each applicant of a development project shall comply with all grading and construction activity requirements necessary to comply with the City's Grading and Excavation Control Ordinance; and

(i) Each applicant of a development project shall describe the mechanism to be utilized to ensure ongoing long-term maintenance of all structural post-construction BMPs, where such long-term maintenance is otherwise to be performed to comply with this Chapter.

(j) Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the Planning Division, Engineering Division and/or the Building Division in the review of new development or redevelopment projects for compliance with the development project guidance. The City Planning Division, Engineering Division and/or Building Division may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.

(Added by Ord. 10-12, 11/8/10)

(a) Scope of Inspections and Monitoring.

(1) Compliance Assessments. The Authorized Enforcement Staff may inspect private property for the purpose of verifying compliance with this Chapter.

(2) Right to Inspect. Except where exigent circumstances dictate otherwise, and except for annual inspections of industrial sites/sources (described below), prior to commencing any inspection of private property, the Authorized Enforcement Staff shall obtain either the consent of the owner or person in charge of the day-to-day activities of the private property, or shall obtain an administrative inspection warrant or criminal search warrant. For industrial sites/sources, because such dischargers are identified under the NPDES order as creating increased threats to water quality, the Authorized Enforcement Staff is hereby authorized to inspect each such industrial site/source once annually, during normal business hours, upon 24 hours notice to the owner, operator, or person responsible for the day-to-day activities of such facility.

(3) Entry to Inspect. Upon obtaining the right to inspect in accordance with Subsection (a)(2) above, the Authorized Enforcement Staff may enter upon private property to (1) investigate a violation or potential violation of this Chapter; (2) investigate the source of any discharge of a pollutant or the potential discharge of a pollutant to the storm drain system; (3) conduct an annual inspection; (4) conduct a follow up inspection; or (5) conduct an inspection to determine compliance with any best management practices identified as conditions of approval for a project and/or that were included in the project-specific Water Quality Management Plan.

(4) Portable Equipment. For purposes of verifying compliance with this Chapter, the Authorized Enforcement Staff may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

(5) Records Review. The Authorized Enforcement Staff may inspect all records of the owner or person in charge of the day-to-day activities of the property relating to the purpose of the inspection, including but not limited to, compliance with the project-specific Water Quality Management Plan or the conditions of the project approval, and/or the use of chemicals or processes presently or previously being utilized on-site. The records to be reviewed may include, but are not limited to, material and/or chemical inventories, facility maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, State General Permits, Storm Water Pollution Prevention Plans, monitoring program plans, as well as any record(s) relating to illicit connections, illicit discharges, prohibited discharges, legal nonconforming connections or any other source or potential source of pollutants discharged or with the reasonable potential to be discharged to the MS4.

(6) Sampling and Testing. The Authorized Enforcement Staff may inspect, sample and/or test any surface runoff, soils, groundwater, process discharge, materials within any waste storage area (including any contained contents) and/or treatment system discharge, for the purpose of determining the potential for the discharge of pollutants to the MS4. The Authorized Enforcement Staff may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property, using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Authorized Inspector and/or Enforcement Staff may take photographs or video tapes, make measurements or drawings and create any other record reasonably necessary to document their inspection or the conditions on the property.

(7) Monitoring. The Authorized Inspector and/or Enforcement Staff may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the MS4.

(8) Test Results. The owner, operator or person in charge of the day-to-day activities of private property subject to inspection shall, on submission of a written request, be provided copies of all monitoring and test results conducted by the Authorized Inspector.

(b) Industrial Sites/Sources—BMPs, Monitoring.

(1) BMP Implementation. Each owner, operator, or person in charge of day-to-day activities of each industrial site/source in the City shall implement those minimum BMPs as may be designated by the Director. For those industrial sites/sources that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within environmentally sensitive areas, the Director may require additional controls.

(2) Monitoring. All industrial sites/sources shall implement a monitoring program as required by the Director. Such monitoring programs may include a program that provides quantitative data from a minimum of two storm events per year for the following constituents:

(A) Any pollutant listed in effluent guidelines subcategories where applicable;

(B) Any pollutant for which an effluent limit has been established in an existing NPDES Permit for the facility;

(C) Oil and grease or total organic carbon (TOC);

(D) pH;

(E) Total suspended solids (TSS);

(F) Specific conductance;

(G) Toxic chemicals and other pollutants that are likely to be present in surface runoff; and

(H) Any pollutant that may be used, stored, generated or disposed of, at a site/source which is tributary to an impaired water body (where the water body is impaired for that pollutant), unless the owner, operator or person in charge of the day-to-day operations can demonstrate to the satisfaction of the Director that there is no reasonable potential the pollutant will be discharged to the impaired water body.

(I) Any pollutant for which a non-storm water dry weather action level or a storm water action level has been established under the NPDES order.

(c) Priority Commercial Sites/Sources—BMPs. Each owner, operator, or person in charge of day-to-day operations of a priority commercial site/source in the City shall implement those minimum BMPs as may be designated by the Director. For those commercial sites that are tributary to impaired water bodies and/or that are within or directly adjacent to, or discharging directly to, receiving waters within ESAs, the Director may require additional controls.

(d) Priority Residential Areas and Activities—BMPs. Each owner, operator, or person in charge of day-to-day operations of each priority residential area and activity in the City shall implement those minimum BMPs as may be designated by the Director. For those priority residential areas and activities that are tributary to impaired water bodies and/or that are within or directly adjacent to, or discharging directly to, receiving waters within ESAs, the Director may require additional controls.

(e) Homeowners' Associations (HOAs), Including Common Interest Areas. Each person who owns, operates, or is in charge of day-to-day activities of HOAs and/or common interest areas on private property in the City, shall ensure that surface runoff from private roads, drainage facilities, and other components of the storm drain system, including those owned and/or managed by homeowners' associations, meets the objectives of the NPDES order, as may be required by the Director.

(f) Construction Sites—Permit Approvals, BMPs, Inspections.

(1) Construction and Grading Permits. Prior to issuance of any construction, grading or building permit or approval, the Director may require, as a condition to such permit or approval, the implementation of BMPs to ensure that the discharge of pollutants from the site are in compliance with this Chapter. Each developer shall implement, maintain and operate all such BMPs in a timely and reasonably diligent manner. All construction, grading and building activities shall comply with all other applicable laws, including all other applicable City ordinances, the NPDES order and applicable State General Permit(s). Construction, grading and building permit requirements that may be required include the following or their equivalent:

(A) Developing and implementing a plan to manage surface runoff from the site and avoid soil contamination at all times;

(B) Implementing BMPs for any rain events, as necessary to ensure compliance with the NPDES order;

(C) Emphasizing erosion prevention as the most important measure for keeping sediment on site during construction;

(D) Utilizing sediment controls as a supplement to erosion prevention for keeping sediment on-site during construction, but not as the single or primary method;

(E) Minimizing areas that are cleared and graded to only the portion of the site that is necessary for construction;

(F) Preservation of natural hydrological features and riparian buffers and corridors as feasible;

(G) Minimizing exposure time of disturbed soil areas;

(H) Temporarily stabilizing and reseeding disturbed soil areas as rapidly as possible;

(I) Permanently revegetating or landscaping as early as feasible;

(J) Stabilizing all slopes; and

(K) For each project subject to a State General Permit, providing evidence of existing coverage under such permit.

(2) BMP Implementation. Each owner, operator, or person in charge of day-to-day activities of each construction and/or grading site in the City shall implement those minimum BMPs as may be designated by the Director. For those construction sites that are tributary to impaired water bodies and/or that are within or directly adjacent to, or discharging directly to, receiving waters within ESAs, the Director may require additional controls.

(3) Inspections. Construction and grading sites, and discharges from such sites and operations, are identified under the NPDES order as creating increased threats to water quality during the rainy season and/or during rain events. The Authorized Enforcement Staff are authorized to inspect, in accordance with the provisions of this Section, each construction site throughout both the rainy season and the dry (non-rainy) season.

(Added by Ord. 10-12, 11/8/10)

(a) Administrative Remedies.

(1) Administrative Citation Program. In addition to all other enforcement mechanisms provided for in this Chapter, any violation of this Chapter may be enforced through the Administrative Citation Program set forth in Chapter 1.10 of the City Municipal Code.

(2) Administrative Compliance Orders. In addition to all other enforcement mechanisms provided for in this Chapter, Authorized Enforcement Staff may issue an administrative compliance order in accordance with the following:

(A) The administrative compliance order may be issued to:

(i) The owner, operator or person in charge of the day-to-day activities of any property requiring abatement of conditions that have caused, are continuing to cause, or may in the future cause a violation of this Chapter;

(ii) The owner of the property or any responsible party that is subject to the requirements of any water quality management plan, to ensure implementation of and adherence to the terms, conditions and requirements of the WQMP;

(iii) A permittee subject to the requirements of any permit issued pursuant to this Chapter, to ensure compliance with the terms, conditions and requirements of such permit; and

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

(B) The administrative compliance order may include the following terms and requirements:

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

(ii) Specific steps and time schedules to come into compliance with any provision of this Chapter;

(iii) Specific requirements for assessment, containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having contacted or having the reasonable potential to contact surface runoff;

(iv) Any terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant this Chapter; and

(v) Any other terms or requirements reasonably calculated to prevent the imminent threat of, or a continuing violation of, this Chapter.

(3) Cease and Desist Orders. In addition to all other enforcement mechanisms provided for in this Chapter, the Authorized Enforcement Staff may issue a cease and desist order. A cease and desist order may direct the owner, operator or person in charge of the day-to-day activities of any property and/or other person responsible for a discharge, to:

(A) Immediately discontinue any illicit connection or prohibited discharge;

(B) Immediately contain or divert any flow of surface runoff from the property, where the flow is occurring in violation of any provision of this Chapter;

(C) Immediately discontinue any other violation of this Chapter;

(D) Fully assess and clean up all areas affected by any violation; and

(E) Cease and desist with any or all continued work on a project (i.e., a stop work order) until such time as appropriate BMPs are implemented, the prohibited discharge is eliminated, or other appropriate actions are taken to ensure compliance with this Chapter.

(4) No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction.

(5) Abatement of the Discharge of Pollutants on Public Property. Notwithstanding anything in this Chapter to the contrary, the City may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of a pollutant on or into any public property, including all publicly owned portions of the MS4. All costs and fees incurred by the City or any other responsible governmental agency and/or contractor of the City in this regard may be included within an invoice for costs and recovered against the responsible party or parties in accordance with provisions of this Chapter.

(6) Service and Administrative Hearing Procedures for Administrative Compliance Orders, Cease and Desist Orders and Other Violations of this Chapter. Except where the nuisance abatement procedure under Chapter 6.14 of the City Municipal Code is being followed, all administrative compliance orders, cease and desist orders and all other enforcement of violations of this Chapter shall be subject to the service and administrative hearing procedures provided for in Chapter 1.10 of the City Municipal Code.

(7) Recovery of Costs. The Authorized Enforcement Staff may deliver to the owner, operator or person in charge of the day-to-day activities of any private property, any permittee or any other responsible party or other person who becomes subject to an administrative compliance order, a cease and desist order, or who otherwise is determined to have violated this Chapter, an invoice for costs. Any invoice for costs shall be shall be subject to the service and administrative hearing procedures provided for in Chapter 1.10 of the City Municipal Code. Any invoice for costs shall be immediately due and payable to the City. If any owner, operator or person in charge of the day-to-day activities, permittee or any other responsible party fails to either pay or successfully appeal the invoice for costs in accordance with this Chapter, then the Enforcing Attorney may initiate any available legal process to collect such invoice for costs.

(8) City Abatement. In the event the owner of private property, the operator of a facility, a permittee, or any other responsible party fails to comply with any provision of an administrative compliance order or cease and desist order issued pursuant to this Chapter, the Authorized Enforcement Staff may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the private property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be included in the invoice for costs and recovered pursuant to this Section.

(b) Nuisance Abatement. Any condition in violation of the prohibitions of this Chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771. The City is hereby authorized to take any and all enforcement action as provided for in accordance with Chapter 6.14 of the City Municipal Code to abate said nuisance.

(c) Criminal Sanctions.

(1) Prosecutor. The Enforcing Attorney may act on the request of an Authorized Enforcement Staff to pursue enforcement actions in accordance with the provisions of this Chapter.

(2) Misdemeanors. Any person who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter after notice thereof, or violates the terms, conditions and requirements of any applicable Water Quality Management Plan or permit, shall be guilty of a misdemeanor.

(3) Damages. The Enforcing Action may petition the Court for any of the following damages:

(A) The recovery of all costs incurred and/or to be incurred in the enforcement of this Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, cleanup, administrative expenses, legal fees and costs, and all other expenses as authorized by law, as well as damages to public property and consequential damages;

(B) All costs incurred in cleaning up and/or mitigating harm to the environment or public property, or to reduce the threat to human health;

(C) Damages for harm to the environment or public property; and

(D) Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law.

(d) Consecutive Violations. Each day in which a violation occurs, and each failure to comply with any provision of this Chapter or any administrative compliance order, cease and desist order, or terms of a permit issued pursuant to this Chapter, shall constitute a separate violation of this Chapter.

(e) Nonexclusive Remedies. Each remedy available for the enforcement of this Chapter shall be nonexclusive. It is within the discretion of the Authorized Enforcement Staff or Enforcing Attorney to seek cumulative remedies.

(f) Citations. Pursuant to Penal Code Section 836.5, the Authorized Enforcement Staff shall have the authority to cause the arrest of any person committing a violation of this Chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6, and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Enforcement Staff shall refer the matter to the Enforcing Attorney. Each citation to appear shall state the name and address of the violator, the provisions of this Chapter violated, and the time and place of appearance before the court, which shall be at least 10 business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the Enforcing Attorney may request issuance of a warrant for the arrest of the person cited.

(g) Violations of Other Laws. Any person acting in violation of this Chapter also may be acting in violation of the Clean Water Act or the State Water Code and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is authorized to file a civil suit pursuant to Section 505 of the Clean Water Act, 33 U.S.C. Section 1365, seeking penalties, damages and orders compelling compliance and other appropriate relief. The Enforcing Attorney may notify any appropriate federal, State or local agency of any alleged violation of this Chapter.

(h) Injunctions. At the request of an Authorized Enforcement Staff, the Enforcing Attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all fees and costs incurred in enforcing this Chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment, all legal and consulting fees and costs and all other expenses as authorized by law.

(i) Other Civil Remedies.

(1) The City Manager may ask the Enforcing Attorney to file a civil action in a court of competent jurisdiction seeking:

(A) The recovery of all costs incurred and/or to be incurred in the enforcement of this Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, cleanup, administrative expenses, legal and consulting fees and costs, and all other expenses as authorized by law, as well as damages to public property, and consequential damages;

(B) All costs incurred in cleaning up and/or mitigating harm to the environment or public property, or to reduce the threat to human health;

(C) Damages for harm to the environment or public property; and

(D) Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law.

(2) The Enforcing Attorney is authorized to file actions for damages resulting from any violation causing trespass or a nuisance on public property or to the MS4 from any violation of this Chapter, as well as for injunctive, declaratory and other equitable relief, where the violation has caused or is threatening to cause damage, contamination or harm to the environment, public property or the MS4.

(3) The remedies available to the City pursuant to the provisions of this Chapter shall not limit the right of the City to seek any other remedy that may be available by law, including, but not limited, to the nuisance remedies provided under Chapter 6.14 of the City's Municipal Code.

(Added by Ord. 10-12, 11/8/10)

(a) Discharge Permit Procedure.

(1) Permit. On application of the owner of private property or the operator of any facility and/or site/source, where such private property is not otherwise subject to the requirements of an existing NPDES permit, the Director may issue a permit authorizing the discharges to the MS4 if:

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

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

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

(3) Permit Issuance. The permit shall be granted or denied by the Director no later than 60 business days following the completion and acceptance of the application as determined by the Director. The applicant shall be notified in person or by first-class mail of the action taken.

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

(A) Identification of the discharge location on the private property and the location at which the discharge will enter the MS4;

(B) Identification of the constituents and quantities thereof to be discharged into the MS4;

(C) Specification of pollution prevention techniques and structural or non-structural control requirements as reasonably necessary to prevent prohibited discharges;

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

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

(F) Other terms and conditions appropriate to ensure compliance with the provisions of this Chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal or regional agency.

(5) General Permit. In the discretion of the Director, the permit in accordance with the conditions identified in this Section, may be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the Director. No discharge within the scope of the general permit shall occur until such application is filed. Notwithstanding the foregoing in this Section, the Director in his or her discretion may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued.

(6) Permit Fees. The permission to discharge shall be conditioned upon the applicant's payment of the City's costs, in accordance with a fee schedule adopted by City Council resolution, as follows:

(A) For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit and the costs reasonably related to administrating this permit program; and

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

(b) Permit Suspension, Revocation or Modification.

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

(A) The permittee has violated any term, condition or requirement of the permit or any applicable provision of this Chapter;

(B) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to exempt the discharge from the prohibitions contained within this Chapter;

(C) The permittee failed to comply with any schedule for compliance issued pursuant to this Chapter; or

(D) Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, provides written notice to the City that the discharge must be terminated.

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

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

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

(C) A change to the permit is necessary to ensure compliance with the objectives of this Chapter, the NPDES order, and/or to protect the quality of receiving waters. The permittee shall be informed of any change in the permit terms and conditions at least 45 business days prior to the effective date of the modified permit.

(3) The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may not continue to discharge pending issuance of the final administrative decision by the Hearing Officer.

(c) Permit Enforcement, Penalties. Any violation of the terms, conditions and requirements of any permit issued by the Director shall constitute a violation of this Chapter and subject the violator to the administrative, civil and criminal remedies available under this Chapter.

(d) Compliance with the terms, conditions and requirements of a permit issued pursuant to this Chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements applicable to the activity for which the permit is issued.

(1) Limited Permittee Rights. Permits issued under this Chapter are for the person identified therein as the "permittee" only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

(2) Transfer of Permits. No permit may be transferred to allow:

(A) A discharge to the MS4 at a location other than the location stated in the original permit; or

(B) A discharge by a person other than the permittee named in the permit, provided however that the City may approve a transfer if written approval is obtained in advance from the Director.

(Added by Ord. 10-12, 11/8/10)

(a) The Clean Water Act provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coordinated effort of the County and the co-permittees under the NPDES order is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Santa Ana/San Diego Regions, the NPDES order, the DAMP, this Chapter, the appendices to the DAMP (including, but not limited to, the City's Local Implementation Plan), the development project guidance, and the monitoring and data collection cooperation and regular emergency and spill response planning activities.

(b) The City may elect to contract for the services of any public entity or private person to carry out the planning approvals, inspections, permits and enforcement authorized by this Chapter.

(Added by Ord. 10-12, 11/8/10)

Full compliance by any person with the provisions of this Chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements which may be required for the control of the discharge of pollutants and/or the protection of water quality.

(Added by Ord. 10-12, 11/8/10)

The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this Chapter. Parties seeking judicial review of any action taken pursuant to this Chapter shall file such action within 90 days of the occurrence of the event for which review is sought.

(Added by Ord. 10-12, 11/8/10)