Fillmore Municipal Code Ch. 8.06 Stormwater Quality Management

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Editor's note— Ord. No. 14-845, § 3, adopted Feb. 25, 2014, repealed former Ch. 8.06, §§ 8.06.010—8.06.120, in its entirety and enacted new provisions as herein set out. Former Ch. 8.06 pertained to similar subject matter and derived from Ord. No. 738, § 1, adopted in 1998.

The purpose of this chapter is to prescribe regulations as mandated by the Federal Water Pollution Control Act (referred to as the Clean Water Act or CWA), 33 U.S.C. § 1251 et seq., as amended, and the Porter-Cologne Water Quality Control Act, California Water Code § 13000 et seq., to effectively prohibit non-stormwater discharges into the City Storm Drain System, and to reduce the discharge of pollutants in stormwater to the maximum extent practicable.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014)

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board, Los Angeles, as such permits may be amended from time to time:

"Authorized inspector" means the public works director, and persons designated by and acting under the supervision of the public works director.

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

"Best management practices or BMPs" mean activities, practices, and procedures to prevent or reduce to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the city storm drain system (MS4) and Receiving Waters. BMPs include, but are not limited to, public education and outreach, proper planning of development projects, treatment facilities to remove pollutants from stormwater, operation and maintenance procedures, and the prohibition of specific activities, practices, and procedures.

"City" means the city of Fillmore.

"Construction activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in a land disturbance. Construction Activity does not include routine maintenance as defined in the municipal stormwater permit, nor does it include emergency construction activities required to protect public health and safety. Where clearing, grading or excavating or underlying soil takes place during a repaving operation, the Statewide General Construction Permit coverage is required if more than one acre is disturbed or the activities of a larger plan.

"City storm drain system (MS4)" means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, as defined in 40 CFR 122.26(b)(8):

(1) Owned or operated by the city;

(2) Designed or used for collecting or conveying stormwater;

(3) Which is not a combined sewer; and

(4) Which is not part of a Publicly Owned Treatment Works, as defined in 40 CFR 122.2.

"Co-permittee" means any of the entities listed as co-permittees on California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2021-0105 NPDES Permit No. CAS004004, including the following entities: the Ventura County Watershed Protection District (VCWPD), the County of Ventura, or the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura (Ventura), Santa Paula, Simi Valley, or Thousand Oaks. Each co-permittee is responsible for compliance with the terms of the municipal stormwater permit. Co-permittees need only comply with permit conditions relating to discharges from the municipal separate storm sewers for which they are operators (40 CFR 122.26(a)(3)(vi)).

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

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

"Director" means the city manager of the city and persons designated by and under the director's instruction and supervision.

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

"Discharge permit" means an authorization, license or equivalent control document issued by the Environmental Protection Agency, the State Water Resources Control Board or the Regional Water Quality Control Board, and includes NPDES general or individual permits; the municipal stormwater permit; and any permit issued by the county.

"Discharger" means any person without qualification the release of a pollutant or pollutants.

"Discharge of a pollutant" means any addition of any pollutant to waters of the United States, to the city's storm water drain system (MS4), or any addition of any pollutant to waters of the contiguous zone from any point source other than a vessel or other floating craft which is being used as a means of transportation.

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

"General plan" means the general plan of the city.

"Hazardous substances" means those substances designated as hazardous substances under section 311(b)(2)(A) of the Clean Water Act, and listed in the table at 40 CFR 116.4. When discharged in any quantity into waters subject to CWA jurisdiction, present an imminent and substantial danger to public health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches.

"Hearing officer" means the city manager or the city manager's designee, who shall preside at administrative hearings authorized by this chapter and issue final decisions on matters raised therein.

"Illicit connection" means any conveyance or drainage system pipeline, conduit, inlet, or outlet that is connected to the city storm drain system without a permit. It also means any engineered conveyance through which the discharge of any pollutant or illicit discharge to the city storm drain system (MS4) occurs or may occur.

"Illicit discharge" means any discharge to the city storm drain system that is prohibited under local, state, or federal statute, ordinance, code, or regulation, and includes all non-stormwater discharges except discharges pursuant to a municipal stormwater permit and discharges that are identified in Section 8.06.030 of this chapter, or authorized by the Regional Water Quality Control Board Executive Officer.

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

"Municipal stormwater permit" means the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002 Waste Discharge Requirements For Stormwater (Wet Weather) and Non-Stormwater (Dry Weather) Discharges From the Municipal Separate Storm Sewer Systems Within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities Therein, Order No. R4-2010-0108, as amended from time to time.

"Municipal separate storm drain system" or "MS4" or "city's storm drain system" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basin, curbs, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities owned, operated, maintained or controlled by city and used for the purpose of collecting, storing, transporting or disposing of stormwater into waters of the United States (as defined at 40 CFR 122.2) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.

"National Pollutant Discharge Elimination System (NPDES) permit" means the permit authorized by the Clean Water Act and issued by the United States EPA, State Water Resources Control Board, or the Regional Water Quality Control Board

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

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

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

"Owner" means the person shown on the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the County.

"Owner's agent" means any person authorized to apply for, sign and file documents necessary to obtain a development discretionary land use approval or permit on behalf of the owner.

"Person" means any individual, firm, association, corporation, partnership, consortium, local, state or federal government agency, political subdivision, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant" means any liquid solid or semi-solid substances, or combination thereof, including, but not limited to:

(1) Artificial materials, chips or pieces of natural or man-made materials (including, but not limited to, floatable plastics, wood or metal shavings);

(2) Household waste (including but not limited to trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment);

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

(4) Petroleum hydrocarbons (including but not limited to fuels, lubricants, hydraulic fluids, surfactants, waste oils, solvents, coolants and grease);

(5) Soil, sediment and particulate materials;

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

(7) Substances having a pH less than 6.5 or greater than 8.5 or unusual coloration, or turbidity, or containing fecal coliform, Escherichia coli, fecal streptococcus, enterococcus, or other pathogens;

(8) Waste materials and wastewater generated on construction sites and by construction activities (including but not limited to painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cutting slurry wastes, and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and superchlorinated water generated by potable water line flushing);

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

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

(11) Pollutants as defined in section 502(6) of the Clean Water Act, codified at 33 U.S.C. 1362(6) and incorporated by California Water Code § 13373.

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

"Private property" means any real property, irrespective of ownership.

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

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site as defined in the municipal stormwater permit, or as amended. For an existing single-family dwelling and accessory structures, Redevelopment shall mean projects that create, add, or replace ten thousand square feet of impervious area. Redevelopment does not include routine maintenance as defined in the municipal stormwater permit, nor does it include emergency construction activities required to protect public health and safety.

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

"Responsible party" means the person(s) identified in and responsible for compliance with the provisions of a stormwater pollution prevention plan or stormwater pollution control plan, and includes the owner and operator of the property to which the plan relates.

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

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

"Stormwater" means any surface flow, runoff, and/or drainage associated with rainstorm events and/or snowmelt, as defined in 40 CFR 122.26(b)(13).

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

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

"Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.

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

"Waste" means any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations that may cause or contribute to pollution.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, § 1, 4-9-2024)

(a) No person shall cause, commit, allow, or contribute to a non-stormwater discharge to the city storm drain system or to receiving waters, unless in compliance with a written exemption by the city with concurrence by the Regional Board, or the discharge is listed below and has not been determined to cause or contribute to a municipal stormwater permit violation:

(1) Dechlorinated water line flushing;

(2) Landscape irrigation;

(3) Diverted stream flows;

(4) Rising ground waters;

(5) Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)];

(6) Uncontaminated pumped groundwater;

(7) Discharges from potable water sources;

(8) Discharges from foundation or footing drains;

(9) Air conditioning condensation;

(10) Irrigation water;

(11) Natural springs;

(12) Water from crawl space pumps;

(13) Lawn watering;

(14) Non-commercial car washing by residents or non-profit organizations;

(15) Flows from riparian habitats and wetlands;

(16) Dechlorinated/Debrominated swimming pool/spa discharges;

(17) Discharges from emergency firefighting activities;

(18) Discharges which are not a source of any pollutant to the city storm drain system or receiving waters and which have been given a written exemption by the city with concurrence by the Regional Board;

(19) Short-term releases of potable water with no additives or dyes for filming purposes;

(20) Potable wash water used to clean reservoir covers;

(21) Hillside dewatering.

(b) No person shall cause, commit, allow, or contribute to a non-stormwater discharge to the city storm drain system from the following:

(1) Washing or cleaning of gas stations, auto repair garages, or other types of automotive service facilities unless in compliance with a discharge permit;

(2) Mobile auto washing, carpet cleaning, steam cleaning, sandblasting and other such mobile commercial and industrial operations unless in compliance with a discharge permit;

(3) Areas where repair of machinery and equipment which are visibly leaking oil, fluid or antifreeze is undertaken unless in compliance with a discharge permit;

(4) Storage areas for materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials;

(5) Swimming pools that exceed 0.1 mg/L for chlorine/bromine and 250 mg/L for chloride;

(6) Swimming pool filter backwash;

(7) Decorative fountains and ponds;

(8) Industrial/commercial areas, including restaurant mats, unless in compliance with a discharge permit;

(9) Concrete truck cement, pumps, tools, and equipment washout;

(10) Spills, dumping, or disposal of other materials, such as:

(A) Litter, landscape and construction debris, garbage, food, animal waste, fuel or chemical wastes, batteries, and any other materials which have the potential to adversely impact water quality;

(B) Any pesticide, fungicide or herbicide;

(11) Stationary and mobile pet grooming facilities;

(12) Trash container leachate.

(c) A county discharge permit may be required prior to an exempt non-stormwater discharge to ensure compliance with the required conditions for non-stormwater discharges listed in the municipal stormwater permit.

(d) In addition to any other remedy provided by this chapter, the director may, by written notice, require persons responsible for a non-exempt non-stormwater discharge to immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.

(e) No person shall, unless in compliance with a discharge permit:

(1) Construct, use, maintain, operate and/or continue to utilize an illicit connection applies to connections made in the past;

(2) Act, cause, permit or suffer any agent, employee or independent contractor, to construct, maintain, operate or utilize an illicit connection.

(f) In addition to any other remedy provided by law, the director may, by written notice, require persons responsible for an illicit connection to immediately, or by a specified date, remove the illicit connection.

(g) The director may, by written notice, require a person responsible for an illicit connection to the city storm drain system (MS4) to eliminate or to secure approval for the connection within ninety days.

(h) Each discharger, subject to any state general permit addressing such discharges, as may be issued by the EPA, the State Board, or the Regional Board, shall provide verification of notices, plans or reports required by the permit and comply with and undertake all other activities required by such permit applicable to such discharges. Copies of such required documentation of notices, plans or reports shall be provided to the city upon request. Proof of compliance with any state general permit may be required in a form acceptable to the city:

(1) Prior to or as a condition of approval of a subdivision map, site plan, discretionary permit, building permit, or development or improvement plan;

(2) Prior to issuance by the city of any permit authorizing grading or construction activity;

(3) Upon inspection of the facility or site if determined subject to the state general permit;

(4) During any enforcement proceeding or action; or

(5) For any other reasonable cause.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, §§ 2—4, 4-9-2024)

(a) No person shall discharge stormwater containing pollutants which have not been reduced to the maximum extent practicable by application of best management practices (BMPs); the structural BMPs shall be properly operated and maintained; and such person(s) shall maintain documentation on the operation and maintenance of structural BMPs and their effectiveness in reducing the discharge of pollutants to the MS4.

(b) Any person engaged in activities that will or may result in pollutants entering the city's storm drain system (MS4) or watercourses shall undertake all practicable measures to reduce such pollutants. Any owner or person in charge of day-to-day operations of property who fails to reduce the discharge of pollutants to the maximum extent practicable within a reasonable time, as determined by the director, may be charged with a violation of this chapter.

(c) Manure shall be stored or stockpiled in a location where natural forces do not cause it to enter the city storm drain system (MS4) or receiving waters.

(d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed.

(e) Any yard waste stored at the curb or along the street shall be placed in a container.

(f) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, maintained, or kept, in or upon any public or private driveway, parking area, street, alley, sidewalk, trail, or component of the city storm drain system (MS4) or any receiving waters, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, and/or pollutant so that the same may enter the city storm drain system (MS4) or receiving waters.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, § 5, 4-9-2024)

(a) Any construction activity that requires a grading, building, or discretionary permit shall be undertaken in accordance with:

(1) Any conditions and requirements established for new development and redevelopment by the municipal stormwater permit or other state general permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the project site:

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

(b) All development within the city shall be undertaken in accordance with:

(1) Any conditions and requirements established for new development and redevelopment by the municipal stormwater permit or other permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the project site:

a. Retain on-site the sediments generated on or brought to the project site, using treatment control or structural BPs;

b. Retain construction-related materials and wastes, spills, and residues at the project site and prevent discharges to streets, drainage facilities, the MS4, receiving waters, or adjacent properties;

c. Contain non-stormwater runoff from equipment and vehicle washing at the project site; and

d. Control erosion from slopes and channels through the use of effective BMPs, such as limitation of grading during the wet season, inspection of graded areas during rain events; planting and maintenance of vegetation on slopes, if any, and covering any slopes susceptible to erosion.

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

(c) A post-construction stormwater management plan (PCSMP) shall be submitted by the owner or owner's agent for new development and redevelopment subject to municipal stormwater permit requirements.

(1) Each PCSMP shall:

(A) Name an owner, owner's agent, or responsible party for the project;

(B) Illustrate the location of proposed post-construction stormwater controls on the site plan;

(C) Document engineering calculations and analysis in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures to demonstrate that the post-construction stormwater controls will function appropriately; and

(D) Include a maintenance plan in accordance with requirements of the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures. The maintenance plan shall specify a required schedule and requirements for maintenance and monitoring.

(2) The owner of a new development or redevelopment project, the owner's successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved PCSMP. Each failure by the owner, the owner's successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of this chapter.

(3) The director may require that the PCSMP maintenance agreement or covenant for maintenance of post-construction stormwater management control system be recorded with the County Recorder's office by the owner. The signature of the owner, any successive owner or the named responsible party shall be sufficient for the plan or any revised plan and a signature on behalf of the city staff shall not be required for recordation.

(4) The owner or responsible party of the applicable new development or redevelopment project shall submit an annual report to the city to verify that the maintenance plan is executed as required and all post-construction stormwater controls function as designed and are properly maintained. The city may charge an inspection fee should the owner or responsible party fail to provide the city with an annual report with property verification of maintenance of all post-construction stormwater control. The inspection fee will be in an amount set by resolution adopted after a hearing on a cost of service study.

(5) The costs and expenses of the city incurred in the review, approval, or revision of a PCSMP or other development requirements (or in the approval or revision of any such requirement) shall be charged to the owner, owner's agent or responsible party and shall be due and payable to the city. The director 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 owner, owner's agent or responsible party.

(6) Compliance with the conditions and requirements of a PCSMP shall not exempt any person from the requirement to comply independently with each provision of this chapter.

(d) The costs and expenses of the city incurred in the review, approval or revision of any stormwater pollution control plan or other development requirements (or in the approval or revision of any such) shall be assessed to the property owner or responsible party and shall be due and payable to the city. The city 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 property owner or responsible party.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, §§ 6, 7, 4-9-2024)

(a) Authority to Adopt and Impose Best Management Practices. The city may adopt requirements identifying appropriate best management practices (BMPs) for any activity, operation or facility that may cause or contribute to pollution or contamination of the city's storm drain system (MS4). If a relevant BMP has been promulgated by the city or any federal, state of California and/or regional agency, for any activity, operation or facility which would otherwise cause the discharge of pollutants to the city's storm drain system (MS4) or watercourses, every person undertaking such activity or operation, or owning or operating such facility shall comply with such BMP.

(b) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to this chapter, any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering the city's storm drain system (MS4), or watercourses shall implement best management practices to the extent they are technologically and economically achievable to prevent and reduce such pollutants.

(c) Notification of Intent and Compliance with General Permits. Each industrial discharger associated with construction activity, or other discharger described in any NPDES or NPDES general permit, as may be adopted by the EPA, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Los Angeles Region, shall provide notice of intent, comply with, and undertake all other activities required by any NPDES general permit applicable to such discharges. Copies of such notification shall be provided to the city.

(1) Each discharge shall ensure property operation of all treatment control BMPs and maintain them as necessary for proper operation, including all post-construction treatment control BMPs.

(d) Requirement to Eliminate Illicit Discharges. The city may require that a person responsible for an illicit discharge to discontinue the illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge and to prevent the occurrence of future illicit discharges.

(e) Requirement to Eliminate or Secure Approval for Illicit Connections. The city by written notice may require a person responsible for an illicit connection to the city's storm drain system (MS4) to eliminate or secure approval for the illicit connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illicit discharge will no longer occur, such person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the city's discretion and shall be subject to such conditions as the city may determine; such reconnection or reinstallation shall be at the responsible person's expense.

(f) Requirement to Remediate. Whenever the city finds that an illicit discharge of pollutants is taking place or has occurred which may result in or has resulted in pollution of the city's storm drain system (MS4), the city may require by written notice to the responsible person that the pollution cease, be remediated, and the affected property restored within a specified time, along with all other remedies available to the city.

(g) Watercourse Protection. Every person owning property through which a watercourse passes, or the person in charge of day-to-day operations on the property, shall keep and maintain the property reasonably free of trash, debris, vegetation and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing structures within or adjacent to the watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and, consistent with other laws regarding riparian habitat protection, shall not remove healthy bank vegetation beyond that actually necessary for such maintenance,, nor remove such vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(h) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained:

(1) A discharge into any pipe or channel to a watercourse/city's storm drain system (MS4) of any pollutant not reduced to the maximum extent practicable;

(2) Modify the natural flow of water in city's storm drain system (MS4);

(3) Deposit any material in city's storm drain system (MS4) including its banks, except as required for maintenance;

(4) Construct, alter, enlarge, connect to, change or remove any structure in city's storm drain system (MS4); or

(5) Place any loose or unconsolidated material along the side of or within city's storm drain system (MS4), or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being transported by stormwater passing through the city's storm drain system (MS4).

(i) When the director discovers the owner or operator of a facility or responsible party named in a stormwater pollution prevention plan (SWPPP), stormwater pollution control plan (SWPCP), or PCSMP has failed to adequately implement all necessary BMPs, a notice of violation may be issued stating the actions that shall be taken to achieve compliance and the due date for actions to be implemented. A follow-up inspection within four weeks from the date of the initial inspection and/or investigation may be conducted as required by the municipal stormwater permit or as conditioned or required by the director to protect specific watersheds or drainage basins. If the follow-up inspection reveals the necessary BMPs or PCSMP controls are still not adequately implemented or maintained, the director may follow the enforcement actions specified in Section 8.06.080 of this chapter.

(j) Every occupant or owner of a property through which a city storm drain system (MS4) or receiving waters passes shall keep and maintain the property reasonably free of trash, debris, yard waste, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the city storm drain system or receiving waters.

(k) Every occupant or owner of a property shall maintain existing private structures within or adjacent to the city storm drain system (MS4) or receiving waters, so that such structures will not become a hazard to the use, function, or physical integrity of the city storm drain system or receiving waters; and, consistent with other laws regarding riparian habitat protection, shall not remove healthy bank vegetation beyond that required to remove obstacles, nor remove said vegetation in such a manner as to increase the vulnerability of the city storm drain system (MS4) or receiving waters to erosion. An owner or occupant will not be found in violation of this section, if it can be shown that a good faith effort was made to obtain an applicable California Department of Fish and Game 1603 Streambed Alteration Agreement, a US Army Corps of Engineers Section 404 Permit, a State Board 401 Water Quality Certification or any other required permit and the owner was not able to obtain such permit or, despite good faith effort, comply with conditions of a permit obtained from the appropriate regulatory agency.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, §§ 8, 9, 4-9-2024)

(a) Right to Inspect. Prior to commencing any inspection as authorized in this section, the authorized inspector shall obtain either the consent of the owner or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

(b) Entry to Inspect. The authorized inspector may enter public or private property to investigate the source or potential source of a discharge to the city's storm drain system (MS4) or receiving waters located within the city at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or person in charge of day-to-day operations refuses entry after a request to enter and inspection has been made, the director is empowered to seek assistance from the city attorney in obtaining such entry. If the property requires special security clearances to accommodate inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that city inspections are not encumbered. Requirements and provisions for special security clearances shall be included in the SWPCP, SWPPP, PCSMP, or PCSMP control maintenance agreement prior to approval.

(c) Compliance Assessments. The authorized inspector may inspect public or private property for the purpose of verifying compliance with this chapter, including, but not limited to:

(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 and pollutants;

(3) Investigating the natural slope at the location, the runoff coefficient, drainage patterns and man-made conveyance systems (including roads with drainage systems, catch basin, curbs, gutters, man-made channels and storm drains);

(4) Establishing the location of all points of discharge from the property, whether by surface runoff or through a city's storm drain system (MS4);

(5) locating any illicit connection or the source of any illicit discharge;

(6) Evaluating compliance with any storm-water pollution control plan; and

(7) Evaluating compliance with any stormwater permit.

(d) Mobile and Portable Equipment. An authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile or portable equipment as is necessary to determine compliance with this chapter.

(e) Records Review. An authorized inspector may inspect records of the owner or occupant, or person in charge of day-to-day operations of private property during operating hours, to determine compliance with the provisions of this chapter including the following:

(1) The facility is either enrolled in the Industrial General Permit (i.e., has an active WDID number) or has submitted, and granted, a Notice of Non-Applicability (NONA) or Notice of Exemption Certification (NEC) by the Los Angeles Regional Water Quality Control Board.

(2) A Storm Water Pollution Prevention Plan (SWPPP) is developed and available at the facility.

(f) Sample and Test. An authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the city's storm drain system (MS4). An authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The director may photograph or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(g) Monitoring. An authorized inspector may undertake monitoring and analysis including both the construction and maintenance of monitoring devices, or require the owner, occupant, or person in charge of day-to-day operations of the property to undertake construction and maintenance of devices, at the owner, occupant's expense, for the purpose of monitoring any discharge or potential source of discharge to the city's storm drain system (MS4).

(h) Test Results. The owner, occupant, or person in charge of day-to-day operations of property subject to inspection shall provide copies of test results to the city and on submission of a written request to the director, shall be entitled to copy test results conducted by the authorized inspector.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, §§ 10, 11, 4-9-2024)

(a) Notice of Violation. The director reviews, and, if appropriate, may issue and serve a notice of violation on the owner and/or person in charge of day-to-day operations of any public or private property, as to which an illicit connection or illicit discharge exists. The notice of violation shall:

(1) Identify the provision(s) of this chapter, the applicable stormwater pollution prevention plan, storm-water pollution control plan or permit alleged to have been violated; and

(2) State that continued noncompliance may result in civil, criminal or administrative enforcement actions against the owner and/or person in charge of day-to-day operations; and

(3) State a compliance date that must be met by the owner and/or person in charge of day-to-day operations; and

(4) Describe the manner of abatement required; and

(5) Order remediation work; and

(6) Any individual violating such condition is subject to the permit revocation procedures set forth in this code.

(b) The notice or violation may include where deemed applicable by the director, the following terms and requirements:

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

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

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

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

(5) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of the stormwater quality management plan, a stormwater pollution prevention plan, stormwater pollution control plan or permit issued pursuant hereto, or this chapter; and

(6) Failure to comply will result in each day of violation being considered a separate offense; and

(7) An amount not to exceed $250.00 per day in the same year for failing or refusing to furnish technical or monitoring reports; to comply in a timely fashion with any compliance schedule established by the city; or for discharges in violation of any permanent stormwater pollution prevention measure certification, permit condition or requirement issued by the city.

(c) Cease and Desist Orders.

(1) The director shall review, and, if the director determines it to be appropriate, may issue a cease and desist order where the public health and safety requires the same, directing the owner and/or person in charge of day-to-day operations of any public or private property and/or any other person responsible for a violation of this chapter to:

(A) Immediately discontinue any illicit connection, or illicit discharge to the storm drain system;

(B) Immediately contain or divert any flow of non-stormwater off the property, where the flow is occurring in violation of any provision of this chapter;

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

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

(2) The director may direct by cease and desist order that the owner or other person in charge of day-to-day operations or any permittee under any applicable permit, immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, permit or this chapter.

(d) Recovery of Costs. The director may serve an invoice for costs upon the owner and/or person in charge of day-to-day operations of any public or private property, or any other responsible person who is subject to a notice of violation or a cease and desist order. An invoice for costs shall be immediately due and payable to the city. If any owner or person in charge of day-to-day operations, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, then the city may institute collection proceedings.

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

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

(2) The order shall include the address of the affected property and be addressed to the owner and the person in charge of day-to-day operations of the property as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the city.

(3) If the owner or person in charge of day-to-day operations of affected property cannot be located after the reasonable efforts of the director, the order shall be deemed served ten business days after posting on the property.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014; Ord. No. 24-967, §§ 12, 13, 4-9-2024)

Any person aggrieved by the issuance of an order may appeal from the issuance of such order to the city manager.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014)

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 illicit discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a public nuisance pursuant to and may be abated and punished as provided in this code.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014)

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the city to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014)

Any person in violation of this chapter also may be in violation of the federal Clean Water Act or the Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the city is authorized to file a citizen suit pursuant to federal Clean Water Act Section 505(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The city may notify (EPA) Region IX, the Los Angeles Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

(Ord. No. 14-845, §§ 2, 3, 2-25-2014)