Merced Municipal Code Ch. 15.50 Storm Water Management and Discharge Control

This chapter shall be known as the City of Merced "Storm Water Management and Discharge Control Chapter," and may be cited as such.

(Ord. No. 2439, § 1, 3-2-2015)

A. The purpose of this chapter is to protect and promote the health, safety, and general welfare of the citizens of City of Merced by controlling non-storm water discharges to the storm water conveyance system from spills, dumping, or disposal of materials other than storm water, and by reducing pollutants in urban storm water discharges to the maximum extent practicable.

B. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges into the storm drain system.

(Ord. No. 2439, § 1, 3-2-2015)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. "Best management practices" (BMPs) mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the Storm Water Pollution Prevention Plan (SWPPP) to prevent or reduce,

to

the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States (33 C.P.R. Section 328.3). Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage. BMPs are required to be implemented and maintained in a manner that is consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.

B. "Construction activity" includes any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to storm water. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect life, public health, and safety.

C. "Development" means any new construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single or multifamily planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or grading for future construction.

D. "Enforcement official" or "enforcement officer" means the director of public works—water resources and reclamation and/or the city engineer, or his or her designee, or any employee or agent of city authorized by resolution of the city council to enforce compliance with this chapter.

E. "Hazardous waste" means any material, including any substance, waste, or combination thereof, that because of its quality, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117).

F. "Illegal discharge" means any discharge to the storm water conveyance system that violates this chapter; or is prohibited by federal; state, or local laws, or that degrades the quality of receiving waters in violation of any water quality standard, such as the Regional Board Basin Plan or the California Toxics Rule.

G. "Illicit connection" means any connection to a storm drain system for which there is no permit or that is used for an illegal discharge. This includes, but is not limited to:

1. Any connections that convey sewage, process wastewater and wash water to the storm drain system;

2. All connections from indoor drains or sinks; and,

3. All unapproved, undocumented drains from loading docks and hazardous materials handling areas directly connected to the storm drain system.

H. "Illicit discharge" means any discharge to an MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The phrase 'Illicit Discharge' includes all non-storm discharges not composed entirely of storm water and discharges that are identified under the Discharge Prohibitions of the General Permit No. CAS000004. The phrase 'Illicit Discharge' does not include discharges that are regulated by an NPDES Permit (other than the NPDES Permit for discharges from the MS4).

I. "Municipal Separate Storm Sewer System ("MS4")" means the regulatory definition of an MS4 (40 CFR 122.26(b)(8)) which is a conveyance or system of conveyances (including roads, with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains);

(i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created to or pursuant to state law) including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States;

(ii) Designed or used for collecting or conveying storm water;

(iii) Which is not a combined sewer; and,

(iv) Which is not part of a publically owned treatment works ("POTW") as defined in 40 C.F.R. 122.2.

J. "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370), to control discharges from point sources to waters of the United States.

K. "Noncommercial vehicle washing" means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.

L. "Non-storm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water.

M. "Person" means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.

N. "Pollutant" means any contaminant that can degrade the quality of the receiving water in violation of any water quality standard, such as the Regional Board's Basin Plan or the California Toxics Rule, or NPDES permit.

O. "Public works director—water resources and reclamation" means the public works director—water resources and reclamation of the City of Merced.

P. "City engineer" means the city engineer of the City of Merced.

Q. "Storm water" means surface runoff and drainage associated with storm events, which is free of pollutants.

R. "Storm water conveyance system" means those artificial and natural facilities within City of Merced, whether publicly or privately owned, by which storm water may be conveyed to a watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

S. "Storm water pollution prevention plan" ("SWPPP") means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate non-storm water discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the storm water conveyance system.

T. "Surface water" means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.

U. "Watercourse" means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs, and rivulets.

V. Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the U.S. Environmental Protection Agency, as amended, and which are not specifically defined in this Section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation.

(Ord. No. 2439, § 1, 3-2-2015)

A. In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern.

B. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, or permit.

(Ord. No. 2439, § 1, 3-2-2015)

A. Except as provided in Section 15.50.060, it is unlawful, and a misdemeanor subject to punishment in accordance with Chapter 1.12 of this Code, for any person to make or cause to be made any non-storm water discharge.

B. Notwithstanding the exemptions provided by Section 15.50.060, if the regional water quality control board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any storm water permit, or conveys significant quantities of pollutants to a surface water or storm water conveyance, or is a danger to public health or safety, such discharge shall be prohibited from entering the storm water conveyance system.

(Ord. No. 2439, § 1, 3-2-2015)

As allowed by the city's Phase II MS4 NPDES permit, the following discharges to the storm water conveyance system are exempt from the prohibition set forth in Section 15.50.050:

A. Any discharge or connections regulated under a NPDES permit issued to the discharger and administered by the State pursuant to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations;

B. Discharges from the following activities, which do not cause or contribute to the violation of any NPDES permit:

1. Water line flushing and other discharges from potable water sources,

2. Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use,

3. Rising ground waters or springs,

4. Passive foundation and footing drains,

5. Water from crawl space pumps and basement pumps,

6. Air conditioning condensation,

7. Natural flows from riparian habitats and wetlands,

8. Dechlorinated swimming pool discharges,

9. Flows from fire suppression activities, including fire hydrant flows,

10. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117,

11. Diverted stream flows,

12. Uncontaminated ground water infiltration or pumped to separate storm sewers,

13. Any discharge that the enforcement official, the local health officer, or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety,

14. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official,

15. Individual residential car washing on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles.

(Ord. No. 2439, § 1, 3-2-2015)

It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to cause, either individually or jointly, any discharge to the storm water conveyance system that results in or contributes to a violation of this chapter and the city's MS4 NPDES permit.

(Ord. No. 2439, § 1, 3-2-2015)

Prohibition of illicit connections includes:

A. The construction, use, maintenance, or continued existence of illicit connections to the storm water conveyance system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a storm water conveyance system, or allows such a connection to continue.

(Ord. No. 2439, § 1, 3-2-2015)

It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this Code, and a violation of this chapter for any person to cause, permit, aide, abet, or conceal a violation of any provision of this chapter.

(Ord. No. 2439, § 1, 3-2-2015)

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and may be subject to the sanctions of those acts, including civil and criminal penalties.

(Ord. No. 2439, § 1, 3-2-2015)

Any person engaged in activities that may result in pollutants entering the storm water conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-storm water discharge and/or pollutant discharge.

A. Business-Related Activities.

1. Storm Water Pollution Prevention Plan. The Enforcement Official may require any business in the city engaged in activities that may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuant to a storm water pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the storm water conveyance system. Business activities that may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures carried out partially or wholly out of doors.

2. Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

3. Coordination with Hazardous Waste Generator Contingency Plan and Emergency Procedures. Any business requiring a Hazardous Waste Generator Contingency Plan and Emergency Procedures, pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this Chapter, including the provisions prohibiting non-storm water discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Construction.

1. Any person performing construction activities in the city shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, state and local laws, ordinances, or regulations, including, but not limited to, the current California NPDES General Permit for storm water discharges associated with construction activity (Construction General Permit) and the city storm water management and discharge control chapter. All construction projects, regardless of size, having soil disturbance or activities exposed to storm water must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges.

2. Any person subject to a construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Enforcement Official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the state's current Construction NPDES general permit, the waste discharger identification (WDID) number and the SWPPP shall be submitted to the city. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan must be submitted to the city.

C. Development. The enforcement official may require controls as appropriate to minimize the long-term, post-construction activity discharge of storm water pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of storm water, treatment controls designed to remove pollutants from storm water, low impact development measures, and/or hydromodification measures to offset the difference between the pre and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will be required to meet the requirements and design standards specified in the current State of California Phase II MS4 NPDES Permit and as described in further detail in the city's Storm Water Design Standards Manual.

At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydromodification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydromodification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit and the city's Storm Water Design Standards Manual. Documentation of the site's post-construction storm water design measures must be submitted to the city engineer for review and approval prior to the commencement of the project.

Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed storm water design measures is required to be submitted to and approved by the city with the signed agreement. The agreement will be recorded with the deed by the city clerk making it transferrable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the city and the homeowners association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the city to submit an annual self-certification that the storm water control measures are effective and are being maintained in accordance with the submitted and approved operation and maintenance plan.

D. Compliance with Industrial or Construction Activity Storm Water Permit.

1. Any person subject to the state's current Industrial NPDES General Permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

2. Any person subject to the state's current Construction NPDES General Permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, building permit, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

E. Compliance with Best Management Practices. Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit or illegal discharges shall comply with best management practice (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.

(Ord. No. 2439, § 1, 3-2-2015)

Any person owning or occupying a premises, who has knowledge of any release of pollutants or non-storm water discharge from or across those premises that might enter the storm water conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or non-storm water discharge, and shall notify the enforcement official at the city within twenty-four (24) hours of the release of pollutants or non-storm water discharge.

(Ord. No. 2439, § 1, 3-2-2015)

A. Right of Entry.

1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition constituting a violation of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty by this chapter.

2. Any request for entry shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

3. In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B. Sampling Authority. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, illegal discharge, non-storm water discharge to the storm water conveyance system, or similar factors.

C. Sampling Methods.

1. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter.

2. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

D. Monitoring, Analysis and Reporting Authority.

1. The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the storm water conveyance system.

2. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.

(Ord. No. 2439, § 1, 3-2-2015)

A. General Enforcement Authority.

1. Except as otherwise provided herein, the director of public works—water resources and reclamation and/or the city engineer shall administer, implement, and enforce the provisions of this chapter.

2. The director of public works—water resources and reclamation and/or the city engineer may delegate any powers granted to or duties imposed upon the director of public works—water resources and reclamation and/or the city engineer to other City of Merced personnel.

B. Violations Deemed a Public Nuisance.

1. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, or welfare, and is thus deemed a nuisance.

2. Any such nuisance may be abated as provided herein or as otherwise provided by law.

C. Administrative Enforcement Powers. The enforcement official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the enforcement official's judgment under the circumstances.

1. Notice and Order to Abate.

a. Whenever the enforcement official finds that a discharge has taken place, or is likely to take place, in violation of this chapter, or order issued hereunder, the enforcement official may serve a written notice and order to abate upon the property owner and the person responsible for the discharge, by personal service or by registered or certified mail, or by regular mail with a declaration of mailing executed by the employee depositing the same in the U.S. mail.

b. Within thirty (30) days of the receipt of this notice, or shorter period as may be prescribed in the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.

c. Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the notice and order to abate.

d. Failure to comply with the terms and conditions of a notice and order to abate shall constitute a violation of this chapter. If a person fails to comply with the notice and order to abate, the director of public works—water resources and reclamation and/or the city engineer may perform, or cause to be performed, such work as shall be necessary to correct the violation. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of Section 15.50.175 hereof.

2. Contents of Notice.

a. The street address and/or a legal description sufficient for identification of the property where the violation exists and the address of the person responsible for or committing the act that constitutes a violation of this chapter.

b. A brief and concise description of the violation or use of the property or act that constitutes a violation of this chapter.

c. A description of the activities, practices, and/or abatement methods to be performed to correct the violation.

d. The date by which the violation must be corrected, which shall be a reasonable period of time.

(Ord. No. 2439, § 1, 3-2-2015)

A. If the owner, or person responsible for the violation, fails to correct the violation within the time specified in the notice and order to abate, the director of public works—water resources and reclamation and/or the city engineer or designee, may cause an administrative citation imposing an administrative citation or penalty to be issued to the person responsible and/or to the owner of the property in accordance with Chapters 1.10 and 1.11 of this Code respectively.

(Ord. No. 2439, § 1, 3-2-2015)

A. The enforcement official may order the immediate abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare, or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit or illegal discharges, or dumping to the storm drainage system must occur within seventy-two (72) hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within thirty (30) days of notification.

B. In emergency situations, where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare, or environment, or a violation of a NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate the threat or danger, or permit violation.

C. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of Section l5.50.175.

D. The enforcement official may order the immediate cessation of any activities that cause an illicit or illegal discharge or cause or potentially cause uncontrolled pollutants to enter the storm water conveyance system when, in the opinion of the enforcement official, the activities present an imminent danger to the public health, safety, welfare, or environment, or a violation of a NPDES permit. Activities may not resume until the enforcement official has verified that the threat to the environment and the city's MS4 has been abated.

(Ord. No. 2439, § 1, 3-2-2015)

A. Any person served with a notice and order to abate, administrative citation, administrative penalty, or required to perform monitoring, analyses, reporting, and/or corrective activities by an authorized enforcement official, or disputing the costs of enforcement, or otherwise aggrieved by the decision of the authorized enforcement official, may file a written appeal with the city clerk within ten (10) days following the effective date of the notice and order, administrative citation, or administrative penalty, the enforcement official's decision or the delivery of an invoice for enforcement costs.

B. Upon receipt of the written appeal, the city clerk shall transmit the same to the director of public works—water resources and reclamation and/or the city engineer who shall request a report and recommendation from the authorized enforcement official, and shall set the matter for hearing at the earliest practical date. The director of public works—water resources and reclamation or the city engineer shall serve as the hearing officer. The determination of the appropriate hearing officer shall be the one to who the enforcement official does not report.

C. Due notice of the hearing shall be provided to the person appealing.

D. At the hearing, the director of public works—water resources and reclamation or the city engineer may hear additional evidence, and may reject, affirm or modify the authorized enforcement official's decision, or the costs of enforcement.

E. Any user, permittee, applicant, or other person aggrieved by the final determination of the director of public works—water resources and reclamation or the city engineer may appeal such determination to the city council within ten (10) days of notification by the director of public works—water resources and reclamation or the city engineer of his final determination. Written notification of such appeal shall be filed with the city clerk within ten (10) days after notification of the final determination of the director of public works—water resources and reclamation or the city engineer and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the city council within thirty (30) days from the date of filing the notice of appeal. The appellant, the director, and such other persons as the city council may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the city council may affirm, reverse or modify the final determination of the director of public works—water resources and reclamation or the city engineer as the city council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the director of public works—water resources and reclamation or the city engineer shall remain in full force and effect. The city council's determination on the appeal shall be final.

F. If all parties involved (at a minimum, the discharger and the enforcement official) agree that clean-up activities cannot be completed within the original timeframe, a new timeframe may be set as long as notification is made by the city to the regional water quality control board in writing within five (5) business days of the determination that the timeframe requires revision.

(Ord. No. 2439, § 1, 3-2-2015)

A. The cost of enforcement, abatement, and restoration shall be borne by the owner of the property, and the costs therefore shall be invoiced to the owner of the property. Costs recoverable herein include all costs of abatement incurred by the city, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement.

B. If the owner of the property fails to pay the costs upon demand by the city, the city council may order the costs to be specially assessed against the parcel. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. The city council may also authorize a notice of abatement lien to be recorded. The costs shall become a lien on the property. The director of public works—water resources and reclamation and/or the city engineer is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the city is fully compensated for the amount of the lien placed upon the property.

1. Mitigation. The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges.

2. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a SWPPP, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

3. Best Management Practices. The enforcement official may establish the requirements of best management practices for any premises.

4. Seasonal and Recurrent Nuisance.

a. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare.

b. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. No. 2439, § 1, 3-2-2015)

A. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city.

B. Moneys recovered under this section shall be paid to city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

C. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction;

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this division;

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

4. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life.

5. Referral of the discharger to the State Water Board.

6. Referral of the discharger to the district attorney for criminal prosecution of state law.

(Ord. No. 2439, § 1, 3-2-2015)

A. It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to violate any provision of this chapter or to fail to comply with any of its requirements.

B. If any violation is continued, each day's violation shall be deemed a separate violation.

(Ord. No. 2439, § 1, 3-2-2015)

A. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

B. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2439, § 1, 3-2-2015)

A. The degree of protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific, engineering, and other relevant technical considerations.

B. The standards set forth herein are minimum standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States.

C. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 2439, § 1, 3-2-2015)

The enforcement official is authorized to make any decision on behalf of the city required or called for by this chapter.

(Ord. No. 2439, § 1, 3-2-2015)

The provisions of California Code of Civil Procedures Sections 1094.5 and 1094.6 are applicable to judicial review of city's decisions pursuant to this chapter.

(Ord. No. 2439, § 1, 3-2-2015)