Laguna Woods Municipal Code Ch. 4.14 Water Quality

Footnotes:

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Editor's note— Ord. No. 19-04, § 3, 4(Exh. A), adopted April 17, 2019, repealed Ch. 4.14, §§ 4.14.010—4.14.070, and enacted a new Ch. 4.14 as set out herein. The former Ch. 4.14 pertained to similar subject matter and derived from Ord. No. 19-01, § 3, adopted Jan. 16, 2019.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 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, Federal Clean Water Act Section 402, and State Water Code Division 7 (State Water Code Section 13000 et seq.), if defined therein, and if not, to the definitions in an applicable permit issued by the California State Water Resources Control Board or applicable California Regional Water Quality Control Board, as such permits may be amended from time to time.

(05) Authorized Inspector shall mean the City Manager of the City of Laguna Woods and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter.

(10) City shall mean the City of Laguna Woods, Orange County, California.

(15) Co-Permittee shall mean the City, County of Orange, the Orange County Flood Control District, and/or any of the municipalities in Orange County, California or San Diego, California, which are responsible for compliance with the terms of Permit(s).

(20) Drainage Area Management Plan shall mean the Orange County Drainage Area Management Plan, including the City's Local Implementation Plan, as the same may be amended from time to time.

(25) Development project guidance shall mean guidance, instruction, and requirements for new development and significant redevelopment projects included or referred to in the Local Implementation Plan, as the same may be amended from time to time.

(30) 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.

(35) Discharge exception shall mean discharges not restricted or prohibited by this chapter, including, but not limited to, any of the following:

(1) Discharges composed entirely of stormwater (e.g., runoff occurring as a result of rain).

(2) Discharges authorized pursuant to federal or state laws or regulations, or by current Permit(s), State General Permit(s), or other waivers, permits or approvals granted by a government agency with jurisdiction over such discharges.

(3) Discharges to the stormwater drainage system, that meet all requirements of the Permit(s), State General Permit(s), and any other applicable legal requirements, including the following:

a. Diverted stream flows

b. Rising ground waters

c. Infiltration 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. Potable water sources

l. Individual residential car washing

m. Dechlorinated swimming pools

n. Emergency fire-fighting activities

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

(4) Runoff not otherwise regulated by Permit(s) or State General Permit(s) for which all applicable best management practices set forth in Section 4.14.030 of this Code are being properly implemented.

In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was or is within the scope of a discharge exception and otherwise meets all requirements of the Permit(s), State General Permit(s) and any other applicable legal requirements.

(38) Enforcement Response Plan shall mean the City's Enforcement Response Plan prepared pursuant to the requirements of the Permit(s).

(40) Enforcing Attorney shall mean the City Attorney or District Attorney and his or her designee acting as legal counsel to the City, which counsel is authorized to take enforcement action as described in this chapter. For purposes of criminal prosecution, the District Attorney, or his or her designee, shall act as the Enforcing Attorney.

(45) EPA shall mean the Environmental Protection Agency of the United States.

(50) Hearing Officer shall mean the City Council, which shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

(53) 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 Permit(s) or State General Permit(s), including certain construction sites; operating and closed landfills; facilities subject to the Federal Superfund Amendments and Reauthorization Act Title III; and, hazardous waste treatment, storage, and disposal facilities.

(55) Invoice for costs shall mean the actual costs and expenses of the City, including, but not limited to, administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to this chapter or where a notice of violation, administrative citation, administrative compliance order or other enforcement option under this chapter is utilized to obtain compliance with this chapter.

(60) Illicit connection shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. "Illicit connection" does not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

(65) Legal nonconforming connection shall mean connections to the stormwater drainage system existing as of the 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 that the connection was established.

(70) Local Implementation Plan shall mean the City's plan for implementation of the Permit(s), and any plans or policies required to be developed and implemented per the Permit(s), as approved by the City Manager, including, but not limited to, the Enforcement Response Plan. The Local Implementation Plan is the City's Local Implementation Plan for the purposes of complying with the Permit(s) issued by the California Regional Water Quality Control Board, Santa Ana Region, as well as the City's Jurisdictional Runoff Management Plan (JRMP) for the purposes of complying with the Permit(s) issued by the California Regional Water Quality Control Board, San Diego Region. All requirements of the Local Implementation Plan, including the Enforcement Response Plan, may be enforced via this chapter.

(75) New development shall mean all public and private residential, industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit, or nonresidential plumbing permit is required.

(80) Nonresidential plumbing permit shall mean a plumbing permit authorizing the construction and/or installation of any facility or facilities for the conveyance of liquids other than stormwater, potable water, reclaimed water, or domestic sewage.

(85) Permit(s) shall mean the currently applicable municipal discharge permits and/or orders issued by the California Regional Water Quality Control Board, Santa Ana Region and/or the California Regional Water Quality Control Board, San Diego Region, as appropriate, which permit and/or establish waste discharge requirements and/or National Pollutant Discharge Elimination System discharge limitations applicable to stormwater runoff and/or discharges to the stormwater drainage system within the City's jurisdiction.

(90) Person shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

(95) Pollutant shall mean any liquid, solid or semi-solid substances, or combination thereof, including, but not limited to:

(1) Artificial materials (such as floatable plastics, wood products or metal shavings).

(2) Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment).

(3) Metals and non-metals, including compounds of metals and non-metals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms.

(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease).

(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields).

(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor.

(7) Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; 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 cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing).

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

(9) Materials which contain base/neutral or acid extractible organic compounds.

(10) Those pollutants defined in Federal Clean Water Act Section 1362(6).

(11) Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.

(100) Prohibited discharge shall mean any discharge which contains any pollutant, from public or private property to (i) the stormwater drainage system; (ii) any upstream flow, which is tributary to the stormwater drainage system; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (iv) any coastal harbor, bay, or the Pacific Ocean. "Prohibited discharge" does not include discharges allowable under the discharge exception.

(105) Significant redevelopment shall mean the rehabilitation or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.

(110) State General Permit(s) shall mean the "National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Industrial Activities" (Industrial General Permit) and/or the "National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities" adopted by the California State Water Resources Control Board, as may be amended from time to time. In the event that the EPA revokes the in-lieu permitting authority of the California State Water Resources Control Board, then the term "State General Permit(s)" shall also refer to any EPA—administered stormwater control program for industrial and construction activities.

(115) Stormwater drainage system shall mean any street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to any municipal separate storm sewer system including, but not limited to, the City's municipal separate storm sewer system and any municipal separate storm sewer system owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any other Co-Permittee, and which is used for the purpose of collecting, storing, transporting, or disposing of stormwater.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

(a) No person shall:

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

(2) Construct, maintain, operate 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, or cause, allow or facilitate any prohibited discharge.

(b) The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of 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 property installed for the purpose of discharge to the stormwater drainage system, the expiration of five years from the adoption of this chapter.

(2) For all nonstructural improvements to property existing for the purpose of discharge to the stormwater drainage system, the expiration of six months following delivery of a notice to the owner or occupant 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 use under this chapter.

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

(d) If an Authorized Inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may violate any law, regulation, Permit(s), or State General Permit(s), or otherwise adversely affect the beneficial uses of receiving waters, then the Authorized Inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge.

(e) The owner or occupant of property on which a legal nonconforming connection exists may request a hearing for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the Hearing Officer 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.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

(a) Properties. Each owner or occupant of any property in the City shall implement minimum best management practices as may be designated in the Local Implementation Plan or as otherwise required by the Permit(s), State General Permit(s), or as may otherwise be required by the City to prevent discharges to the stormwater drainage system. For any property that is tributary to an impaired water body and/or is within or directly adjacent to or discharging directly to a receiving water within an environmentally sensitive area, such best management practices shall include such additional controls as the City may require.

(b) Activities. Each person conducting any activity or operation on any property in the City shall implement minimum best management practices as may be designated in the Local Implementation Plan or as otherwise required by the Permit(s), State General Permit(s), or as may otherwise be required by the City to prevent discharges to the stormwater drainage system. For any activity or operation that is tributary to an impaired water body and/or is within or directly adjacent to or discharging directly to a receiving water within an environmentally sensitive area, such best management practices shall include such additional controls as the City may require.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

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

(1) The Drainage Area Management Plan, including but not limited to the development project guidance; and

(2) Any conditions and requirements established by the City, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.

(b) Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the City shall review the project plans and impose terms, conditions and requirements on the project in accordance with this chapter. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the City shall review the project plans and impose terms, conditions and requirements on the project in accordance with this chapter prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.

(c) Notwithstanding the foregoing sections 4.14.040(a) and 4.14.040(b) of this Code, compliance with the development project guidance shall not be required for construction of one single family detached residence unless the City determines that the construction may result in the discharge of significant levels of a pollutant into or tributary to the stormwater drainage system.

(d) Compliance with the conditions and requirements of the Drainage Area Management Plan shall not exempt any person from the requirement to independently comply with each provision of this chapter.

(e) If the City determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.

(f) The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this chapter on a new development or significant redevelopment project.

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

(g) The City may require that the terms, conditions and requirements imposed pursuant to this chapter be recorded with the County of Orange 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.

(h) The City shall be reimbursed by the project applicant for all costs and expenses incurred by the City in the review of new development or significant redevelopment projects for compliance with the Drainage Area Management Plan. 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 project applicant.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

(a) Right to Enter and Inspect. Except where exigent circumstances dictate otherwise, and except for inspections of industrial sites/sources or construction sites, prior to commencing any inspection of private property, the Authorized Inspector shall obtain either the consent of the owner, operator, or person responsible for the day-to-day activities of such facility, or shall obtain an administrative inspection warrant or criminal search warrant. For industrial sites/sources and construction sites, because such dischargers are identified under the Permit(s) and State General Permit(s) as creating increased threats to water quality, the Authorized Inspector is hereby authorized to inspect each such industrial site/source or construction site during normal business hours upon providing 24-hours' notice to the owner, operator, or person responsible for the day-to-day activities of such facility.

(b) Discharge investigations. The Authorized Inspector may inspect public and private property to investigate the source of any discharge to the stormwater drainage system or to otherwise verify or enforce compliance with this chapter.

(c) Compliance inspections. The Authorized Inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to (i) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants, (iii) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems, (iv) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system, (v) locating any illicit connection or the source of prohibited discharge, (vi) evaluating compliance with any water quality management plan, and (vii) investigating the condition of any legal nonconforming connection.

(d) Records review. The Authorized Inspector may inspect all records of the owner or occupant of property relating to processes or chemicals presently or previously occurring on-site, including but not limited to material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, water quality management plans, maintenance records, pollution prevention plans, State General Permit(s), monitoring program plans and any other records relating to this chapter, prohibited discharges, illicit connections, legal nonconforming connections, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

(e) Documentation of conditions. The Authorized Inspector may take photographs or video recordings, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(f) Monitoring and testing. The Authorized Inspector may inspect, sample, monitor (including, but not limited to, erecting and maintaining monitoring devices) and/or test any area runoff, soils area, groundwater, materials within any waste storage area or container, and/or discharge for the purposes of (i) determining the potential for contribution of pollutants to the stormwater drainage system and/or (ii) measuring any discharge or potential source of discharge to the stormwater drainage system. The Authorized Inspector may investigate the integrity of any storm drain system, sanitary sewer system, 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 owner or occupant of property subject to inspection shall, after submission of a written request, receive copies of all monitoring and test results conducted by the Authorized Inspector.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

(a) Notice of violation. The Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for a prohibited discharge or an illicit connection a notice of violation. The notice of violation shall be written and delivered in accordance with Chapter 1.06 of this Code.

(b) Administrative citation. The Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for a prohibited discharge or an illicit connection an administrative citation. The administrative citation shall be written and delivered in accordance with Chapter 1.06 of this Code.

(c) Administrative compliance orders. The Authorized Inspector may issue an administrative compliance order.

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

a. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter.

b. The owner of property subject to terms, conditions or requirements imposed on a project in accordance with this chapter to ensure adherence to those terms, conditions and requirements.

c. Any person responsible for an illicit connection or prohibited discharge.

(2) The administrative compliance order may include but is not limited to the following terms and requirements:

a. 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 pond, pit, well, surface impoundment, holding or storage area.

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

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

d. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or local agency.

e. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto.

(d) Cease and desist orders. The Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 1.06.050 of this Code.

(1) A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to:

a. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system.

b. Immediately contain or divert any flow of water 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 Authorized Inspector may direct by cease and desist order that the owner of any property immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable permit.

(e) Recovery of costs. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of violation, administrative citation, administrative compliance order or cease and desist order, an invoice for costs. An invoice for costs shall be delivered in accordance with Section 1.06.050 of this Code. An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs, then the Enforcing Attorney may institute collection proceedings.

(f) Nuisance. 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 California Government Code Section 38771. The City may abate the nuisance and recover costs as legally allowed.

(g) Criminal sanctions.

(1) Authority to act. The Enforcing Attorney may act on the request of the City Manager to pursue enforcement actions in accordance with the provisions of this chapter.

(2) Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the Enforcing Attorney, with an infraction punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.

(3) 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 permit issued pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or both.

(h) Citations. Pursuant to California Penal Code section 836.5, the Authorized Inspector 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 California 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 Inspector 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 ten 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.

(i) Injunctions. At the request of the City Manager, 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 violation with the provisions of this chapter.

(1) Order for reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all 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 and all other expenses as authorized by law.

(j) Other civil remedies. The City Manager may cause the Enforcing Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of the chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (iii) damages for irreparable harm to the environment.

The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system.

(k) Violations of other laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the California Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney 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 Enforcing Attorney or City Manager may notify the EPA, California State Water Resources Control Board, California Regional Water Quality Control Boards, or any appropriate federal, state or local agency, of any alleged violation of this chapter.

(l) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative citation, administrative compliance order, or cease and desist order, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

(m) Plan integration. The Enforcement Response Plan is hereby incorporated by reference into this chapter and made enforceable at the City's discretion thereby. All remedies and legal authority referenced in the Enforcement Response Plan may be exercised by the City, notwithstanding that such remedies and/or legal authority are not specifically listed within this Code.

(n) Non-exclusive remedies. Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the Authorized Inspector or Enforcing Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter. 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.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)

(a) Interagency cooperation. The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Federal Clean Water Act are met. The City Manager may, where necessary or advantageous to ensure compliance with the Permit(s) or State General Permit(s), negotiate interagency agreements with the California Department of Transportation, governmental entities, tribal entities, and other persons, to control stormwater pollution or discharges to the stormwater drainage system.

(b) Delegation. The City may delegate to, or enter into an agreement with, one or more public agencies and/or private enterprises to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the City.

(c) Compliance disclaimer. Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with any other local, state or federal statutory or regulatory requirements, including but not limited to those which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality.

(d) Judicial review. The provisions of California Code of Civil Procedure sections 1094.5 and 1094.6 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.

(Ord. No. 19-04, § 4(Exh. A), 4-17-2019)