Lake Forest Municipal Code Ch. 15.14 Stormwater Quality Management

Note: Prior ordinance history: Ords. 165 and 167.

This chapter implements the Federal Water Pollution Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C. Sections 1251—1387, and the California Water Code by prohibiting the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES") required by CWA Section 402, 33 U.S.C. Section 1342, and prohibits nonstormwater discharges into the municipal separate storm sewer system ("MS4").

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

For purposes of this chapter, the following words and phrases shall have the meanings 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 Section 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 any applicable permit issued by the California Regional Water Quality Control Board, Santa Ana or San Diego Region, as appropriate, as such permits may be amended from time to time.

"Authorized Inspector"

shall mean the Director of Public Works and persons designated by the Director of Public Works.

"Best management practices (BMPs)"

shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management and/or structural practices to prevent or reduce pollutants in discharges. BMPs include, but are not limited to, public education and outreach, proper planning of development projects, use of treatment control devices, proper clean-out of catch basins, and proper waste handling and disposal.

"City"

shall mean the City of Lake Forest, Orange County, California.

"DAMP"

shall mean the Orange County Drainage Area Management Plan, including the cities' adopted Local Implementation Plans (LIPs), as the same may be amended from time to time.

"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, as set forth in Section 15.14.030(B).

"Enforcement Response Plan"

means the plan in the LIP that describes the applicable approaches and options to enforce the city's legal authority to achieve compliance with the requirements of its NPDES permit.

"Enforcing Attorney"

shall mean the City Attorney or the Orange County District Attorney.

"EPA"

shall mean the Environmental Protection Agency of the United States.

"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 MS4 occurs or may occur.

"Invoice for costs"

shall mean the actual costs and expenses of the City, including, but not limited to, administrative overhead, salaries, reasonable attorneys' fees, and other expenses recoverable under State law, incurred during any inspection conducted pursuant to Section 15.14.080, or where a Notice of Violation, Administrative Compliance Order or other enforcement option under this title is utilized to obtain compliance with this title.

"Legal nonconforming connection"

shall mean connections to the MS4 existing as of the adoption of this title 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 the Industrial Waste Ordinance.

"Local Implementation Plan (LIP)"

shall mean the City's adopted plan for implementation of the NPDES permit, as may be amended from time to time. The LIP is also known as a "Jurisdictional Runoff Management Plan" or JRMP.

"Municipal separate storm sewer system" or "MS4"

shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, or any other conveyance which is a part of or tributary to the City-owned stormwater conveyance system or that of the County of Orange, or the Orange County Flood Control District, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

"New development"

shall mean all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, or building permit or 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 stormwater, potable water, reclaimed water or domestic sewage.

"NPDES permit"

shall mean any discharge permit issued by the California Regional Water Quality Control Board, Santa Ana Region and/or the California Regional Water Quality Control Board, San Diego Region.

"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.

"Pollutant"

shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:

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

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

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;

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

Animal wastes (such as discharges from mobile pet care services, confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);

Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;

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; use of super chlorinated water for potable water line flushing, and pressure washing);

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

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

Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and

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.

"Prohibited discharge"

means pacing or allowing a pollutant to be placed or remain in any location where it may enter: (1) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough in a manner which causes or threatens to cause a condition of pollution or nuisance as those terms are defined in California Water Code Section 13050(2); the MS4; or (3) any water body or conveyance which is tributary to the MS4.

"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, or building permit involving the handling of cement materials outside the building footprint, is required.

"State General Permit"

shall mean either the Waste Discharge Requirements for Discharges of Stormwater Associated With Industrial Activities Excluding Construction Activities Permit (State Industrial General Permit) or the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater 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 Resources Control Board, then the term State General Permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. No person shall:

1. Discharge non-stormwater or pollutants to the City's MS4 except in compliance with the requirements of this chapter.

2. Construct, maintain, operate and/or utilize any illicit connection to the City's MS4.

3. Cause, allow or facilitate any prohibited discharge.

4. 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.

5. Discharge any material in any location, including, but not limited to, the MS4, or any water body within the City's jurisdiction that may cause, or threaten to cause a condition of pollution, contamination, or nuisance within the meaning of California Water Code Section 13050.

B. The following discharges shall not constitute prohibited discharges unless determined by the Authorized Inspector to be a source of pollutants in, or discharging from, the MS4, or a potential conveyance of pollutants into or from the MS4:

1. Diverted streamflows.

2. Rising groundwater.

3. Uncontaminated groundwater infiltration to the City's MS4.

4. Foundation drains, provided such discharges are compliant with all applicable permit requirements, including enrollment in any applicable NPDES permit or Waste Discharge Requirement from the Santa Ana and/or San Diego Regional Water Quality Control Board.

5. Springs.

6. Footing drains provided such discharges are compliant with all applicable permit requirements, including enrollment in any applicable NPDES permit or Waste Discharge Requirement from the Santa Ana and/or San Diego Regional Water Quality Control Board.

7. Flows from riparian habitats and wetlands.

8. Discharges from potable water sources not including discharges from commercial irrigation, or residential irrigation, and provided any such discharge is compliant with all applicable permit requirements, including enrollment in any applicable NPDES permit or Waste Discharge Requirement from the Santa Ana and/or San Diego Regional Water Quality Control Board.

9. Discharges permitted by and compliant with applicable NPDES permit requirements.

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

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. All construction projects, new development and significant redevelopment within the City shall be undertaken in accordance with the best management practices for pollution prevention, the City's NPDES permit for discharges into and from its MS4, the DAMP, and any other conditions, requirements and water quality management plans adopted by the City.

B. Prior to the issuance by the City of a grading permit, or building permit, the Department of Public Works and/or Community Development Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection A. If the project will be approved without application for a grading permit, or building permit, the Department of Public Works and/or Community Development Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection A prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.

C. Compliance with the conditions and requirements of the DAMP and LIP shall not exempt any person from the requirement to independently comply with each provision of this chapter.

D. 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 subsection A on a new development or significant redevelopment project. 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 subsection A shall constitute a violation of this chapter.

E. If required by the City, the terms, conditions and requirements imposed pursuant to subsection A shall 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.

F. Cost Recovery. The project applicant shall reimburse the City for all costs and expenses incurred by the City in the review of new development or redevelopment projects for compliance with the DAMP and LIP. 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. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. Construction and Grading Permits. In addition to the requirements set forth in Section 15.14.040, prior to issuance of any construction or grading permit, the Authorized Inspector may require, as a condition to such permit, an erosion and sediment control plan and implementation of BMPs to ensure that the discharge of pollutants from the site will be effectively prohibited and will not cause or contribute to an exceedance of water quality standards. Each construction site shall implement such BMPs to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable city ordinances and the City's NPDES permit regulating discharges into and from the MS4.

B. 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 required by the DAMP, the City's LIP and any applicable sediment and erosion control plan. 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 environmentally sensitive areas, such BMPs shall include such additional controls as are required by the DAMP and the City's LIP.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

Each owner, operator, or person in charge of day to day activities of any site that has the potential to discharge a pollutant to the City's MS4 shall implement those BMPs as may be designated by the Authorized Inspector, City Engineer or Director of Public Works. Properties with a high potential threat of discharge may be required to implement a monitoring program that meets standards as determined necessary by the City.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. The Director of Public Works may suspend or revoke any City-issued permit, when it is determined that:

1. The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or

2. The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter; or

3. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or

4. Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated; or

5. Any other circumstances where the Director of Public Works determines in his or her sole discretion that continuation of the discharge will result in substantial harm to public health or the environment.

B. The Director of Public Works may modify any permit provided that 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 when it is determined that:

1. Federal or State law requirements have changed in a manner that necessitates a change in the permit; or

2. 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

3. A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters.

C. 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.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. Right to Inspect. The Authorized Inspector shall have the authority to make an inspection to enforce the provisions of this chapter, and to ascertain whether the purposes of this chapter are being met.

B. Entry to Inspect. The Authorized Inspector may enter both public and private property to investigate the source or potential source of any discharge of a pollutant to any public street, inlet, gutter, storm drain or the MS4 located within the jurisdiction of the City.

C. Portable Equipment. For purposes of verifying compliance with this chapter, the Authorized Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

D. Records Review. Maintenance records must be kept on-site and remain available for inspection. Failure to keep records on-site and available for inspection shall constitute a violation of this chapter. The Authorized Inspector may inspect all records of the owner or person in charge of the day to day activities of private property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of discharge or potential discharge of pollutants to the MS4.

E. Sample and Test.

1. The 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 contained contents) and/or treatment system discharge for the purpose of determining the potential for the discharge of pollutants to the stormwater drainage system. The Authorized Inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the private property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Authorized Inspector may take photographs or videotapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the property.

2. The Authorized Inspector may require a discharger to undertake any action described in subsection (E)(1).

F. Monitoring.

1. The Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the MS4. The Authorized Inspector may require a discharger to sample, test, or conduct monitoring of any discharge in order to demonstrate compliance with this chapter.

2. The Authorized Inspector may require a discharger to undertake any action described in subsection (F)(1).

G. Cost Recovery. If an inspection pursuant to this section results in an enforcement action, the discharger shall pay the costs of the City's inspection, enforcement, and any remedial measures undertaken by the City. The City may issue an invoice of costs to recover costs pursuant to this section.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. The Authorized Inspector may, in addition to any other remedies provided in this Code or available under applicable law, take enforcement action against violators of this chapter through any combination of the administrative enforcement options set forth below, as guided by the City's enforcement response plan.

B. Administrative Remedies.

1. Notice of Violation. The Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for a violation of this chapter, including, but not limited to, failure to implement BMPs, an illicit connection, or prohibited discharge, a notice of violation. The notice of violation shall be delivered in accordance with Section 15.14.100 of this chapter.

a. The notice of violation shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of violation shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

b. The notice of violation shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 30 days, or prior to the next predicted rain event, whichever is sooner. The Authorized Inspector may extend the compliance deadline for an additional time period where good cause exists for the extension.

2. Administrative Compliance Orders. Separate from, in addition to, or in combination with a notice of violation or cease and desist order, the Authorized Inspector may issue an administrative compliance order against the owner and/or occupant of any public or private property and/or any other person responsible for a violation of any provision of this chapter. Issuance of a notice of violation, cease and desist order, or stop work order is not a prerequisite to the issuance of an administrative compliance order.

3. Cease and Desist Orders. The Authorized Inspector may issue a cease and desist order directing the owner or occupant, or other 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 prohibited discharge;

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.

4. Stop Work Order. The Authorized Inspector may issue a stop work order directing that all work under the applicable permit be suspended.

5. Monetary Penalties. In addition to, or in combination with any administrative remedy, the Authorized Inspector may issue a penalty for violations of this chapter. The citation to which the penalty will attach shall allege the act(s) or failure(s) to act that constitute violations of this chapter and shall set forth the penalty for the violation. The Authorized Inspector may impose monetary penalties consistent with the enforcement response plan contained in the LIP and the following:

a. For violations considered a "minor" threat in the enforcement response plan, a monetary penalty not to exceed $200 per violation per day.

b. For violations considered a "significant" threat in the enforcement response plan, a monetary penalty not to exceed $500 per violation per day.

c. For violations considered a "major" threat in the enforcement response plan, a monetary penalty not to exceed $1,000 per violation per day.

C. Unless timely appealed, an administrative enforcement action shall be effective and final as of the date it is issued by the Authorized Inspector.

D. All moneys collected under this section shall be deposited in a special account of the City and shall be made available for enforcement of this chapter.

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 or other administrative order, an invoice for costs documenting any and all costs incurred by the City in cleaning up a site and issuing the notice of violation or other order and directing payment to the City. An invoice for costs shall be delivered in accordance with Section 15.14.110(D). 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 in accordance with Section 15.14.110(D), then the Enforcing Attorney may institute collection proceedings.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

Delivery of Notice. Any notice of violation, administrative compliance order, cease and desist order, stop work order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:

A. The notice shall state that the recipient has a right to appeal the matter as set forth in Section 15.14.170.

B. Delivery shall be deemed complete upon personal service to the recipient; deposit in the U.S. mail, postage pre-paid for first class delivery; or electronic delivery with confirmation of receipt.

C. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.

D. Where the owner or occupant of any property cannot be located after the reasonable efforts of the Authorized Inspector, and administrative enforcement action shall be deemed delivered after posting on the property for a period of 10 business days.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the Authorized Inspector may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the 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 recovered pursuant to subsection D.

B. 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 Government Code Section 38771.

1. Court Order to Enjoin or Abatement. At the request of the City Manager or the City Manager's designee, the Enforcing Attorney may seek a court order to enjoin and/or abate the nuisance.

2. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the City Manager or the City Manager's designee shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.

C. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Authorized Inspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

D. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.

E. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. At the direction of the City Manager or the City Manager's designee, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. 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 for a first violation, $200 for a second violation, and a fine not exceeding $500 for each additional violation occurring within one year.

B. 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 or by imprisonment for a period of not more than six months, or both.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

Each day in which a violation occurs and each separate failure to comply with either a provision of this chapter, an administrative enforcement action or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by penalties, fines or sentences issued in accordance herewith.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

Each and every remedy available for the enforcement of this chapter shall be nonexclusive 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.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

A. At the request of City Manager or the City Manager's designee, 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.

B. 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.

C. The City Manager or the City Manager's designee may cause the Enforcing Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of: (1) all costs incurred in enforcement of this 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; (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (3) damages for irreparable harm to the environment.

D. The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the MS4 from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the MS4.

E. 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. 221 § 1, 2011; Ord. 302 § 48, 2018)

Any person subject to a notice of violation, administrative compliance order, cease and desist order, or stop work order aggrieved by the issuance of an order may appeal from the issuance thereof to a hearing officer in accordance with the appeal procedures set forth in Chapter 1.12 of this Code except that any such appeal shall be filed within 15 days of the date of service of the notice of violation, cease and desist order or administrative compliance order by the Authorized Inspector upon the appealing party. To the extent that any provision of this section conflicts with the provisions of Chapter 1.12, the provisions contained in Chapter 1.12 shall control.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

(Ord. 221 § 1, 2011; Ord. 302 § 48, 2018)