Los Altos Municipal Code Ch. 10.16 Stormwater Pollution Prevention Measures

This chapter is necessary to protect the health and safety of the residents of the city of Los Altos and the surrounding region from water quality degradation caused by stormwater runoff. This chapter has been enacted and shall be implemented in a manner consistent with the requirements of the California Regional Water Quality Control Board applicable to the city of Los Altos. This chapter shall be supplemental to the requirements of Chapter 10.08 (Sewer System Protection Regulations) with respect to stormwater.

(Ord. 03-254 § 2 (part))

The following words and phrases, whenever used in this chapter, have the meanings as set forth below:

"Development project" means any private or public project under the planning and building authority of the city that creates ten thousand (10,000) square feet or more of impervious surface collectively over the entire project site, including but not limited to, roof area, parking lots, and other hardscape associated with commercial, industrial, residential subdivision, mixed-use and public land development projects. A "development project" shall include the issuance of a permit for building, construction, reconstruction, subdivisions, parcel maps or occupancy, but not a permit to operate. The following development shall not constitute a development project:

An individual detached single-family home, which is not part of a larger common plan of development, that is designed with appropriate source control and site design measures.

"High impact project" means a project that falls into one of the categories listed below and that creates and/or replaces five thousand (5,000) square feet or more of impervious surface collectively over the entire

project site.

High Impact Categories. This category includes development projects of the following four types on public or private land that fall under the planning and building authority of the city:

a.

Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5541, 7532—7534 and 7536—7539;

b.

Retail gasoline outlets;

c.

Restaurants (SIC Code 5812); or

d.

Uncovered parking lots that are stand-alone or part of any other development project. This category includes the top uncovered portion of parking structures unless drainage from the uncovered portion is connected to the sanitary sewer along with the covered portions of the parking structure.

Exceptions. The following development types shall not constitute a high impact project:

a.

Interior remodels;

b.

Routine maintenance or repair, such as roof or exterior wall surface replacement and pavement resurfacing within the existing footprint.

Partial Development. High impact projects that result in an increase of, or replacement of, more than fifty (50) percent of the impervious surface of a previously existing development that was not subject to this chapter shall include permanent stormwater pollution prevention measures sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project.

High impact projects that result in an increase of, or replacement of, fifty (50) percent or less of the impervious surface of a previously existing development that was not subject to this chapter shall include permanent stormwater pollution prevention measures sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the project.

High impact projects that result in an increase of, or replacement of, fifty (50) percent or less of the impervious surface of a previously existing development that was not subject to this chapter shall include permanent stormwater pollution prevention measures sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the project.

"Hydromodification management measures" means an approved combination of on-site, off-site, and in- stream control measures incorporated into specified development projects and significant redevelopment projects in order to reduce stormwater runoff so as to not cause an increase in the erosion potential of the receiving stream over the pre-project condition, in accordance with and as required by Order No. R2-2009- 0074 under NPDES Permit No. CAS612008 issued by the California Regional Water Quality Control Board, San Francisco Bay Region (the "water board"), as it may be amended from time to time.

"Impervious surface" means land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. Impervious surfaces include, but are not limited to, rooftops, pavement, sidewalks, walkways, patios, driveways and parking lots where such surfaces are not constructed with pervious materials and/or are not designed to have zero stormwater discharge.

"Infiltration device" means any structure that is deeper than wide and designed to infiltrate stormwater into the subsurface and, as designed, bypass the natural groundwater protection afforded by surface soil. Infiltration devices include dry wells, injection wells and infiltration trenches (includes trench drains).

"Low impact development (LID) measures" means an approved combination of source control measures, site design measures, and/or stormwater treatment measures that reduce runoff and mimic a site's predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, and/or biotreating stormwater runoff close to its source. LID measures embody principles such as preservation and recreation of natural landscape features and minimization of imperviousness to create functional and appealing site drainage that treats stormwater as a resource, rather than a waste product. LID measures include rain barrels and cisterns, green roofs, permeable pavement, preservation of undeveloped open space, and biotreatment through rain gardens, bioretention units, bioswales and planter/tree boxes. The design and implementation of the LID measures must be in accordance with the guidelines and technical specifications provided by the city or other city-approved authority and the requirements of Order No. R2-2015-0049 and any subsequent orders.

"Permanent stormwater pollution prevention measures" or "PSPPM" means an approved combination of source control measures, site design measures, and/or stormwater treatment measures that reduce stormwater pollution to the maximum extent practicable as required by Order No. R2-2015-0049 under NPDES Permit No. CAS612008 issued by the water board, as it may be amended from time to time. The design and implementation of the PSPPM must be in accordance with the guidelines and technical specifications provided by the city or other city-approved authority and the requirements of Order No. R2- 2015-0049 and any subsequent orders.

"Road project" means a project to construct new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads, that creates ten thousand (10,000) square feet or more of newly

constructed contiguous impervious surface and that falls under the building and planning authority of the city.

The following projects are not considered road projects for the purposes of this chapter:

Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas.

"Significant redevelopment project" means any private or public project under the planning and building authority of the city that creates ten thousand (10,000) square feet or more of additional or replacement impervious surface collectively over the entire project site, including roof area, parking lots and other hardscape associated with commercial, industrial, residential subdivision, mixed-use and public land development projects. Redevelopment is any land-disturbing activity that results in the creation, addition or replacement of exterior impervious surface area on a site on which some past development has occurred.

Exceptions. The following redevelopment shall not constitute a significant redevelopment project:

a.

Interior remodels;

b.

Routine maintenance or repair including, but not limited to, roof or exterior surface replacement, or pavement resurfacing within the existing pavement footprint; or

c.

An individual detached single-family home, which is not part of a larger common plan of redevelopment, that is designed with appropriate source control and site design measures.

Partial Redevelopment. Significant redevelopment projects that result in an increase of, or replacement of, more than fifty (50) percent of the impervious surface of a previously existing development that was not subject to this chapter shall include permanent stormwater pollution prevention measures sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project.

Significant redevelopment projects that result in an increase of, or replacement of, fifty (50) percent or less of the impervious surface of a previously existing development that was not subject to this chapter shall include permanent stormwater pollution prevention measures sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the project.

"Site design measures" means any project design features that reduce stormwater pollution by decreasing or slowing stormwater runoff or intercepting the flow of runoff across a series of contiguous impervious surfaces.

"Source control measures" means any project design features that aim to prevent stormwater pollution by eliminating or reducing the potential for contamination at the source of pollution.

"Stormwater treatment measures" means any engineered system designed to remove pollutants from stormwater by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process.

"Street widening" means widening of existing streets or roads with additional traffic lanes.

Where the addition of traffic lanes results in an alteration of more than fifty (50) percent of the impervious surface of an existing street or road that was not subject to this chapter, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design.

Where the addition of traffic lanes results in an alteration of less than fifty (50) percent of the impervious surface of an existing street or road that was not subject to this chapter, only the new and/or replaced impervious surface of the project must be included in the treatment system design. However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated, any onsite treatment system must be designed and sized to treat stormwater runoff from the entire street or road.

"Trail project" means a project to construct new impervious trails greater than ten (10) feet wide or creekside trails (within fifty (50) feet of the top of bank) that creates ten thousand (10,000) square feet or more of newly constructed contiguous impervious surface and that falls under the building and planning authority of the city.

The following projects are not considered trail projects for the purposes of this chapter:

Impervious trails built to direct stormwater runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees.

Sidewalks, bicycle lanes or trails constructed with permeable surfaces (includes pervious concrete, porous asphalt, unit pavers and granular materials).

(Ord. 06-293 § 2: Ord. 05-284 § 2: Ord. 05-283 § 2: Ord. 03-254 § 2 (part))

(Ord. No. 2011-367, § 1, 5-24-2011; Ord. No. 2018-452, § 1, 10-9-2018)

A.

Permanent stormwater pollution prevention measures shall be incorporated into the following projects (collectively referred to sometimes in this chapter as "regulated projects"):

All development projects;

All significant redevelopment projects;

All road projects;

All high impact projects;

All trail projects; and

All street widening projects.

B.

Any permanent stormwater pollution prevention measure required by this section must be in effect during the entire life of the project.

C.

Unless the project is exempt as a special project pursuant to administrative guidelines adopted by the city engineer and approved by the water board, all permanent stormwater pollution prevention measures shall include the following low impact development (LID) measures or other alternative measures to be approved by the city engineer:

Source Control Requirements.

a.

Minimization of stormwater pollutants of concern in urban runoff through measures that may include plumbing of the following discharges to the sanitary sewer, subject to the city's authority and standards as contained in Chapter 10.08.

i.

Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants;

ii.

Dumpster drips from covered trash, food waste and compactor enclosures;

iii.

Discharges from covered outdoor wash areas for vehicles, equipment and accessories;

iv.

Swimming pool water, if discharge to onsite vegetated areas is not a feasible option; and

v.

Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option;

b.

Properly designed covers, drains and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays and fueling areas;

c.

Properly designed trash storage areas;

d.

Landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices and programs such as bay-friendly landscaping;

e.

Efficient irrigation systems; and

f.

Storm drain system stenciling or signage.

Site Design and Stormwater Treatment Requirements.

a.

Minimization of disturbances of natural water bodies and drainage systems; minimization of compaction of highly permeable soils; protection of slopes and channels; and minimization of impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies;

b.

Conservation of natural areas, including existing trees, other vegetation and soils;

c.

Minimization of impervious surfaces;

d.

Minimization of disturbances to natural drainages;

e.

Minimization of stormwater runoff by implementation of one or more of the following site design measures:

i.

Direct roof runoff into cisterns or rain barrels for reuse.

ii.

Direct roof runoff onto vegetated areas.

iii.

Direct runoff from sidewalks, walkways and/or patios onto vegetated areas.

iv.

Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.

v.

Construct sidewalks, walkways and/ or patios with permeable surfaces.

vi.

Construct driveways, bike lanes and/or uncovered parking lots with permeable surfaces.

f.

Treatment of one hundred (100) percent of the amount of runoff identified in subsection D. below for the regulated project's drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility.

i.

LID treatment measures are harvesting and re-use, infiltration, evapotranspiration, and biotreatment.

ii.

Biotreatment systems shall be designed to have a surface area no smaller than what is required to accommodate a five inches/hour stormwater runoff surface loading rate. The planting and soil media for biotreatment systems shall be designed to sustain plant growth and maximize stormwater runoff retention

and pollutant removal, and shall conform to material specifications approved by the water board and the city engineer.

iii.

Green roofs may be considered biotreatment systems for treatment of roof runoff only if they conform to specifications approved by the water board and the city engineer.

D.

Stormwater treatment measures proposed as part of a project's permanent stormwater pollution prevention measures shall be designed in accordance with the following hydraulic sizing criteria to treat stormwater runoff.

Volume Hydraulic Design Basis. Stormwater treatment measures whose primary mode of action depends on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat stormwater runoff equal to:

a.

The maximized stormwater quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998), pages 175—178 (e.g., approximately the eighty-fifth (85th) percentile twenty-four-hour storm runoff event); or

b.

The volume of annual runoff required to achieve eighty (80) percent or more capture, determined in accordance with the methodology set forth in the California Stormwater Best Management Practices Handbook for New Development and Redevelopment (2003), using local rainfall data.

Flow Hydraulic Design Basis. Stormwater treatment measures whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat:

a.

Ten (10) percent of the fifty-year peak flow rate; or

b.

The flow of runoff produced by a rain event equal to at least two times the eighty-fifth (85th) percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depths; or

c.

The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity.

Combination Flow and Volume Design Basis. Treatment systems that use a combination of flow and volume capacity shall be sized to treat at least eighty (80) percent of the total runoff over the life of the project, using local rainfall data.

E.

All plans and construction are subject to inspection and approval by the city engineer.

F.

Prior to the issuance of a building permit or other discretionary permit for a regulated project, the project applicant shall submit a certification by a qualified third party reviewer acceptable to the city that the design of the project complies with the requirements of this chapter. In addition, no final occupancy permit shall be issued without the written certification by a qualified third party reviewer acceptable to the city that a regulated project was constructed or installed in accordance with the approved plans. The third party reviewer must be a civil engineer, licensed architect or landscape architect registered in the State of California, or staff of another permittee subject to the requirements of the current NPDES permit issued to the city and must have current training on stormwater treatment system design for water quality. Any consultant or contractor hired to design and/or construct a stormwater treatment system for a regulated project shall not perform the third party review for said project. Such certifications shall be in the form prescribed by the city engineer and shall not be issued without payment of all applicable fees which may be imposed for administration of this chapter. At the city's sole election, the city engineer may provide any of the certifications required by this section.

(Ord. 06-293 § 3; Ord. 03-254 § 2 (part))

(Ord. No. 2011-367, § 2, 5-24-2011; Ord. No. 2018-452, § 2, 10-9-2018)

A.

All development projects that result in the creation of one acre (forty-three thousand five hundred sixty (43,560) square feet) or more of impervious surface and all significant redevelopment projects that result in the addition or replacement of one acre (forty-three thousand five hundred sixty (43,560) square feet) or more of impervious surface shall implement hydromodification management measures, except for the following projects:

Projects that do not create an increase in impervious surface over pre-project conditions.

Projects located in areas designated as exempt from hydromodification management requirements on the hydromodification management plan applicability map contained in Attachment C of Order No. R2-2015-

0049 under NPDES Permit No. CAS612008 issued by the water board, as it may be amended from time to time.

B.

Hydromodification management measures shall be designed and implemented in accordance with guidelines and technical specifications provided by the city or other city-approved authority, the requirements of Order No. R2-2015-0049 under NPDES Permit No. CAS612008 issued by the Water Board, as it may be amended from time to time, and the provisions of the hydromodification management plan for the Santa Clara Valley Urban Runoff Pollution Prevention Program as approved by the water board.

C.

All hydromodification management measures are subject to inspection and approval by the city engineer.

(Ord. 06-293 § 4; Ord. 05-284 § 3: Ord. 05-283 § 3)

(Ord. No. 2011-367, § 3, 5-24-2011; Ord. No. 2018-452, § 3, 10-9-2018)

Any permanent stormwater pollution prevention measure (PSPPM) which functions primarily as an infiltration device shall be designed such that:

A.

Appropriate pollution prevention and source control measures are implemented to protect groundwater at the project site, including the inclusion of a minimum of two feet of suitable biotreatment media soil to achieve a maximum five inches/hour infiltration rate for the infiltration system;

B.

Adequate maintenance is provided to maximize pollutant removal capabilities;

C.

The vertical distance from the base of any infiltration device to the seasonal high groundwater mark is at least ten feet (or an alternative larger distance if the site is determined by the city engineer to be a high-risk site);

D.

Unless stormwater is first treated by a method other than infiltration, infiltration devices are not approved as treatment measures for runoff from areas of industrial or light industrial activity, areas subject to high vehicular traffic (i.e., twenty-five thousand (25,000) or greater average daily traffic on a main roadway or fifteen thousand (15,000) or more average daily traffic on any intersecting roadway), automotive repair shops, commercial car washes, fleet storage areas, nurseries, and other land uses that pose a high threat to water quality;

E.

Infiltration devices are not placed in the vicinity of known soil or groundwater contamination sites unless it has been demonstrated that increased infiltration will not increase leaching of contaminants from soil, alter groundwater flow conditions affecting contaminant migration in groundwater, or adversely affect remedial activities; and

F.

Infiltration devices are located a minimum of one hundred (100) feet (or an alternative larger distance if the site is determined by the city engineer to be a high-risk site) horizontally away from any known water supply wells, septic systems, and underground storage tanks with hazardous materials.

(Ord. No. 2011-367, § 4, 5-24-2011)

A.

Any private or public project under the planning and building authority of the city, which creates and/or replaces between two thousand five hundred (2,500) square feet and ten thousand (10,000) square feet of impervious surface, and detached single-family home projects which are not part of a larger plan of development which create and/or replace two thousand five hundred (2,500) square feet or more of impervious surface, shall install one or more of the following site design measures:

Direct roof runoff into cisterns or rain barrels for reuse.

Direct roof runoff onto vegetated areas.

Direct runoff from sidewalks, walkways and/or patios onto vegetated areas.

Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.

Construct sidewalks, walkways, patios, driveways, bike lanes, and/or uncovered parking lots with permeable surfaces (includes pervious concrete, porous asphalt, permeable concrete unit pavers and granular materials).

(Ord. No. 2011-367, § 5, 5-24-2011; Ord. No. 2018-452, § 4, 10-9-2018)

The city engineer shall have authority to promulgate administrative guidelines to assist in the implementation of this chapter.

(Ord. No. 2011-367, § 6, 5-24-2011)

A.

The property owner(s), its administrators, successors, or any other persons, including any homeowners' association, shall take all necessary actions to ensure that the permanent stormwater pollution prevention measures and hydromodification management measures are properly maintained so that they continue to operate as originally designed and approved. The maintenance of the control measures shall be in accordance with the terms and conditions of a maintenance agreement and shall be in the form of a covenant running with the land, environmental mitigation measures, a use permit, enforceable conditions of approval, or other legal agreement. The agreement shall provide access to the extent allowable by law for representatives or agents of city for the purposes of verification of the proper operation and maintenance of the specific PSPPM and hydromodification management measures. The agreement shall be recorded in the office of the county recorder, shall remain in force until ownership of the developed property has been transferred, and, upon transfer, shall be binding on the new owner(s).

B.

Any property owner who has been required by this chapter to construct or install and maintain permanent stormwater pollution prevention measures and hydromodification management measures shall, upon transferring ownership of such property, provide the new owners with a current copy of this chapter, and shall inform the new owners in writing of their obligation to properly operate and maintain such PSPPM and hydromodification management measures.

C.

It shall be unlawful to alter, modify, or change any components of the permanent stormwater pollution prevention measures or hydromodification management measures without first obtaining the written certification of the city engineer that the requirements of this chapter have been satisfied.

(Ord. 05-284 § 4: Ord. 05-283 § 4: Ord. 03-254 § 2 (part))

A.

As a condition of approval, the city engineer may require the owner of a development project or significant redevelopment project to establish a self-monitoring and reporting program to ensure all PSPPM and hydromodification management measures are in compliance with the provisions of this chapter. The self- monitoring report must be in accordance with the guidelines approved by the city engineer.

B.

The city engineer, or his or her authorized representatives, may conduct all inspection, surveillance, and monitoring procedures necessary to assure compliance with applicable sections of this chapter or with state regulations.

C.

Representatives of the city engineer shall be authorized to enter, without unreasonable delay, any premises of any project subject to the requirements of this chapter to carry out inspections and monitoring to assure compliance with this chapter and applicable state of California regulations. Records shall be available to city personnel for inspection and copying.

D.

In addition to any other remedy available to the city, city inspectors may issue compliance directives at the time of the inspection to require the owner to implement actions that will correct violations of this chapter.

(Ord. 05-284 § 5: Ord. 05-283 § 5: Ord. 03-254 § 2 (part))

A.

As provided in Chapter 1.20 of this code, violations of the provisions of this title shall be subject to criminal penalties. The following designated employee positions may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: Engineering services manager, senior engineer/city engineer, construction inspector, code enforcement officer, chief building official and building inspector.

B.

Enforcement—Judicial civil penalties. Any person who violates any provision of this chapter or any provision of any certificate issued pursuant to this chapter shall be civilly liable to the city in a sum not to exceed twenty-five thousand dollars ($25,000.00) per day for each day in which such violation occurs. The city may petition the superior court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to the penalty provision of Chapter 1.20 of this code and all other remedies available to the city under state and federal law.

C.

Enforcement—Administrative civil penalties.

Complaint. The city engineer may serve an administration complaint on any person who has violated any provision of this chapter. The complaint shall state:

a.

The act or failure that constitutes the violation;

b.

The provisions of law authorizing the civil liability to be imposed; and

c.

The proposed civil penalty.

The complaint shall be served by personal delivery or certified mail on the person subject to the requirements that the city engineer alleges were violated, and shall inform the person served that a hearing on the complaint shall be conducted within sixty (60) days after service, unless the person charged with the violation waives his or her right to a hearing.

Hearing. Unless the person charged with the violation(s) waives his or her right to a hearing, the city manager or designee shall conduct a hearing within sixty (60) days. If the hearing officer finds that the person has caused a violation, he or she may assess administrative penalties against the person. In determining the amount of the civil penalty, the hearing officer may take into consideration all relevant circumstances including, but not limited to, the extent of the harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurred, and corrective action, if any, attempted or taken by the discharger. Civil penalties that may be imposed are as follows:

a.

An amount not to exceed two thousand dollars ($2,000.00) per day for failing or refusing to furnish technical or monitoring reports;

b.

An amount not to exceed three thousand dollars ($3,000.00) per day for failing or refusing to comply in a timely fashion with any compliance schedule established by the city;

c.

An amount not to exceed five thousand dollars ($5,000.00) per day of violation for discharges in violation of any permanent stormwater pollution prevention measure certification, permit condition, or requirement issued by the city.

Appeal. Any person against whom the hearing officer assesses penalties may appeal the decision of the hearing officer within thirty (30) days of notice of the decision. The city council may hear the appeal or deny review of the case. If the city council decides to hear the appeal, it shall conduct the appeal in accordance with procedures established by the council. The decision of the city council shall be in writing and shall be final. All civil penalties imposed in accordance with this section shall be payable within thirty (30) days of the decision of the hearing officer provided, that if the decision is appealed, all penalties shall be payable within thirty (30) days after the city council's decision on the appeal.

Lien. The amount of any civil penalties imposed under this section, which have remained delinquent for a period of sixty (60) days, shall constitute a lien against the real property for the discharger from which the violation occurred resulting in imposition of the penalty. The city engineer shall cause the amount of uncollected penalty to be recorded with the county recorder, in accordance with Section 54740.5 of the California Government Code, as the same from time to time may be amended.

D.

Enforcement—Notice of noncompliance.

Unless the city engineer finds that the severity of the violation warrants immediate action or certificate revocation or suspension, he or she shall issue a notice of noncompliance which:

a.

Enumerates the violations found; and

b.

Orders compliance by a certain date.

If the violations are not abated in the time period identified, further action may be taken by the city engineer, including, but not limited to suspension, revocation, or modification of the certificate.

Subject to the following limitations, and in addition to the provisions of subsection A, the city engineer may require a discharger that has violated any discharge limits contained in this chapter to install a temporary system for the capture, testing, and release of stormwater.

(Ord. 03-254 § 2 (part))

(Ord. No. 2011-367, § 7, 5-24-2011)