Monte Sereno Municipal Code Ch. 8.04 Storm Water Management and Discharge Control Regulations

Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming and other activities. Storm water from the City of Monte Sereno's drainage areas collects and is discharged into local waterways including local creeks, streams. Contaminants washed away by storm water are a leading cause of pollution in waterways. Every owner of real property in the City is a potential source of contaminants and has an obligation to prevent the flushing or otherwise conveyance of contaminants from their property to local waterways. This conveyance can be by flushing due to storm water, spills, illicit dumping or any other means that allow the release of contaminants into the waterways. Contaminants include but are not limited to fertilizers, pesticides, oils, cleaning solutions (including those from washing automobiles), carpets, parking lots and eroded soil.

The Santa Clara Urban Runoff Pollution Prevention Program (SCVURPPP) is a joint effort between all of the cities of Santa Clara County, the County of Santa Clara, and the Santa Clara Valley Water District to implement the applicable NPDES permit. The City, as a part of the SCVURPPP, has implemented a storm water pollution prevention program that consists of policies and guidelines aimed at reducing pollution in water bodies by reducing contaminants conveyed to those water bodies by storm water and storm water conveyance systems.

(Ord. 141 § 1 (part), 2004)

The purpose of this Chapter is to protect and promote the health, safety and general welfare of the citizens of the City by controlling non-storm water discharges to the storm water conveyance system, by eliminating 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. 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 Water Pollution Control Act (Clean Water Act, 33 U.S.C. Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and National Pollutant Discharge Elimination System ("NPDES") Permit No. CAS000004, as such permit is amended and/or renewed. The State of California is authorized by the Environmental Protection Agency to administer the permit program.

(Ord. 141 § 1 (part), 2004)

This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

This Chapter shall also apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City including any amendments or revisions thereto. The Public Works Director of the City shall administer, implement, and enforce the provisions of the Chapter. Any powers granted or duties imposed upon the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of, or in the employ of, the City.

(Ord. 141 § 1 (part), 2004)

The terms used in this Chapter shall have the following meanings:

A. "Best Management Practice (BMP)" means permit condition used in place of or in conjunction with effluent limitations to prevent or control the discharge of pollutants. May include schedule of activities, prohibition of practices, maintenance procedure, or other management practice. BMPs may include, but are not limited to, treatment requirements, operating procedures, or practices to control plant site runoff, spillage, leaks, sludge or waste disposal, or drainage from raw material storage.

B. Clean Water Act (CWA). The Clean Water Act means an act passed by the United States Congress to control water pollution. It was formerly referred to as the Federal Water Pollution Control Act of 1972 or Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), 33 U.S.C. 1251 et seq., as amended by: Public Law 96-483; Public Law 97-117; Public Laws 95-217, 97-117, 97-440 and 100-04.

C. "Construction activity" means activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.

D. "Contaminant" means any solution, material, or other matter that has been determined to cause a reduction or otherwise deterioration of the natural quality of waterways and their adjacent lands.

E. Enforcement Official. References to enforcement official shall mean the Public Works Director or his/her designee.

F. "General permit" means an NPDES permit issued under 40 CFR 122.28 that authorizes a category of discharges under the CWA within a geographical area. A general permit is not specifically tailored for an individual discharger.

G. "Hazardous substance" means any substance, other than oil, which, when discharged in any quantities into waters of the United States, presents an imminent and substantial danger to the public health or welfare, including but not limited to fish, shellfish, wildlife, shorelines and beaches (Section 311 of the CWA); identified by EPA as the pollutants listed under 40 CFR Part 116.

H. "Illegal discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted of this Chapter.

I. "Illicit connections." An illicit connection is defined as either of the following:

1. Any drain of conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process waste water and wash water to enter the storm drain system and any connections to the storm drains system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records, and approved by the City.

J. "Industrial activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

K. "Land use category" means that category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Monte Sereno County Assessor.

L. "Municipal Separate Storm Sewer System (MS4)" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) owned by a state, city, town or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not part of a publicly owned treatment works. Commonly referred to as an "MS4" [40 CFR 122.26(b)(8)].

M. "National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402 and 405 of CWA.

N. "Parcel size" means the area of such a parcel as determined from records maintained by Santa Clara County or the City of Monte Sereno.

O. "Parcel" means a unit of real property in one ownership as shown on the most current official assessment roll of the Santa Clara County Assessor.

P. "Point source" means discrete conveyances such as pipes or man-made ditches.

Q. "Pollutant" means anything which causes or contributes to pollution including but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

R. "Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code 13000 et seq.).

S. "Storm water" means any surface flow, runoff and drainage consisting entirely of water from rain or snowstorm events.

T. "Water pollution" means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code 13050).

U. "Wet weather discharges" refers collectively to point source discharges that result from precipitation events, such as rainfall and snowmelt.

(Ord. 141 § 1 (part), 2004)

Except as provided in Section 8.04.060 of this Chapter, it is unlawful for any person to make or cause to be made any non-storm water discharge. Notwithstanding the exemptions provided by Sections 8.04.060(A) and (B) of this Chapter, 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 plan standard, or conveys significant quantities of pollutants to surface water(s) or watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the storm water conveyance system. The construction, use, maintenance or continued existences of illicit connections to the storm drain system is prohibited.

(Ord. 141 § 1 (part), 2004)

Subject to the authority granted to the Regional Water Quality Control Board and the enforcement official in Section 8.04.050 of this Chapter, the following discharges to the storm water conveyance system are exempt from the prohibition set forth in Section 8.04.050 of this Chapter:

A. Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the State of California 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 plan standard:

1. Rising ground waters or springs,

2. Passive foundation and footing drains,

3. Natural flows from riparian habitats and wetlands,

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

5. Diverted stream flows,

6. Uncontaminated ground water infiltration to separate storm sewers;

C. Any discharge, which 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;

D. 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.

(Ord. 141 § 1 (part), 2004)

Discharges of pumped groundwater not subject to a NPDES permit may be permitted to discharge to the storm water conveyance system upon written approval from the City and in compliance with conditions of approval set forth by the City.

(Ord. 141 § 1 (part), 2004)

It is unlawful for any person to cause either individually or jointly any discharge to the storm water conveyance system, which results in or contributes to a violation of the City's NPDES.

(Ord. 141 § 1 (part), 2004)

In addition to the enforcement process and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.

(Ord. 141 § 1 (part), 2004)

It is unlawful and a violation of this Chapter for any person to establish, use or maintain any illicit connection. 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.

(Ord. 141 § 1 (part), 2004)

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

(Ord. 141 § 1 (part), 2004)

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under Section 8.04.250 within ten (10) days of the decision of the City Manager upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. 141 § 1 (part), 2004)

If a violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under Section 8.04.230 within ten (10) days of the decision of the City Manager upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director may, with the property owner's permission, enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. If entry is refused, the City shall obtain an inspection warrant and the costs of obtaining, serving and carrying out such a warrant including attorney fees shall become part of the charges which may be levied by the City as provided in this Chapter.

(Ord. 141 § 1 (part), 2004)

Within thirty (30) days after abatement of the nuisance by the City, the Public Works Director shall notify the owner of the property of the cost of abatement, including administrative costs and attorney fees. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen (15) days. The City Clerk shall set the matter for public hearing by the City Council at the next available meeting. Following the hearing the City Council shall render a decision adopting a resolution setting forth the basis for the decision and such decision shall be final. If the amount due is not paid within ten (10) days of the decision of the City Council being served on the owner or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

(Ord. 141 § 1 (part), 2004)

The Public Works Director is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well being of the public. If in any such violation is not abated immediately as directed by the Public Works Director, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expenses related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this Section shall not prevent City from seeking other and further relief authorized under this Chapter.

(Ord. 141 § 1 (part), 2004)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of this Chapter.

(Ord. 141 § 1 (part), 2004)

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 which 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. 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. Any enforcement action authorized under this Chapter shall also include written notice to the violator of such potential liability.

(Ord. 141 § 1 (part), 2004)

Any person engaged in activities which 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 that is engaged in activities which may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which 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 which are 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 discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Development.

1. The enforcement official may develop controls as appropriate to minimize the long-term, post construction 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 and/or treatment controls designed to remove pollutants from storm water.

2. Any person performing construction 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 general permit for storm water discharges associated with construction activity and the City grading, erosion and sediment control ordinance.

C. Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger subject to any general storm water permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board San Francisco Region or the City of Monte Sereno shall comply with the requirements of such permit.

D. Compliance with Best Management Practices. Every person undertaking any activity or use of a premises which may cause or contribute to storm water pollution or contamination, illegal discharges or non-storm water discharges shall comply with best management practices guidelines or pollution control requirements as may be reasonably established by the enforcement official.

(Ord. 141 § 1 (part), 2004)

A. It is a violation of this Code for any landowner to fail to properly operate and maintain any approved storm water treatment facilities and/or source control best management practices on the owner's property.

B. It is a violation for any land owner to fail to follow any storm water management plan submitted and approved by the City unless a modification to the plan is later approved in writing by the authorized enforcement official and such modification is thereafter recorded in the same manner as the original agreement.

(Ord. 141 § 1 (part), 2004)

Notwithstanding other requirements of law, 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 which 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 agency within twenty-four (24) hours of the release of pollutants or non-storm water discharge. In the event such a release is of hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911).

(Ord. 141 § 1 (part), 2004)

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Public Works Director has reasonable cause to believe there exists in any building or upon any premises any condition which constitutes a violation of this Chapter, the enforcement official may, upon request, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter. 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. 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. 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.

A. Sampling Authority. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this Chapter. 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.

B. Monitoring, Analysis and Reporting Authority. The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the storm water conveyance system. 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. 141 § 1 (part), 2004)

Whenever the Public Works Director finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

A. The performance of monitoring, analysis and reporting;

B. The elimination of illicit connections or discharges;

C. That violating discharges, practices or operations shall cease and desist;

D. The abatement or remediation of storm water pollution of contamination hazards and the restoration of any affected property;

E. Payment of a fine to cover administrative and remediation costs; and

F. The implementation of maintenance of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Public Works Director and the expense thereof shall be charged to the violator pursuant to Section 13.16.018.

(Ord. 141 § 1 (part), 2004)

The enforcement official may exercise any enforcement powers authorized or provided in the Monte Sereno Municipal Code, including without limitation, administrative penalties, as may be necessary to effectively implement and enforce this Chapter.

A. Administrative Enforcement Powers. The enforcement official may 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 of Violation ("NOV"). Whenever the enforcement official finds that any person owning or occupying a premises has violated or is violating this Chapter or order issued hereunder, the enforcement official may serve, by personal service, or by registered or certified mail, upon said person a written NOV. Any NOV, cease and desist order, or other civil notice or civil order issued by the enforcement official pursuant to this Chapter shall include a copy of Section 8.04.250 of this Chapter outlining appeal rights. Within thirty (30) days of the receipt of this notice, or shorter period as may be prescribed in the NOV, 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. Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the NOV.

2. Cease and Desist Orders. The enforcement official may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to discharge in violation of this Chapter. This order may also require such person to: (i) comply with the applicable provisions of this Chapter within a designated period of time or; (ii) take appropriate remedial or preventative action to keep the violation from recurring.

3. Notice to Clean and Abate. The enforcement official may require any person owning or occupying a premises to clean up and abate any release of pollutants on those premises, which may result in a violation of this Chapter. The enforcement official may also order abatement of activities or practices, which may reasonably result in such a violation.

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

5. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this Chapter.

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

7. Violations Constituting Misdemeanors. In addition to civil penalties provided for in this Chapter, any violation of this Chapter may be punishable as a misdemeanor as provided by municipal code.

8. Violations Deemed a Public Nuisance. In addition to the penalties hereinbefore 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. Any such nuisance may be summarily abated and/or restored by any authorized enforcement official. The City Attorney is authorized to pursue civil action(s) pursuant to subsection B of this Section to abate, enjoin, or otherwise compel the cessation of the nuisance.

9. Cost Recovery. All costs of the abatement and restoration, including reasonable attorney fees, shall be borne by the owner of the property and the cost therefore shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the enforcement official shall have the authority to place a lien upon and against the property. If the lien is not satisfied within three (3) months, the enforcement official is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accordance with Government Code Section 38773.5.

10. Seasonal and Recurrent Nuisance. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

B. Civil Actions. 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 Attorney. Monies recovered under this subsection, other than actual costs incurred by City in enforcing the provisions of this Chapter, shall be paid to the 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. 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 which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection including reasonable attorney fees;

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.

C. Authority to Arrest or Issue Citations. Any authorized enforcement official shall have and is vested with the authority to arrest or cite and release any person who violates any Section of this Chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as described by Chapters 5, 5(c), and 5(d) of Part 2, Title 3, of the California Penal Code (or as the same may hereafter be amended). Such authorized enforcement official may issue citations and notice to appear in the manner prescribed by Chapter 5(c) of Title 3, Part 2 of the California Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the California Penal Code shall be applicable to public officers or employees acting in the course and scope of employment pursuant to this Chapter.

D. Emergency Orders and Abatements. The enforcement official may order the 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 which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit. 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, or welfare, or the 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 said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of subsection (A)(9) of this Section.

(Ord. 141 § 1 (part), 2004)

Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 141 § 1 (part), 2004)

Any person served with a Notice of Violation, who is subject to a cease and desist order, who is subject to an abatement order, who is required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement official, or who is otherwise aggrieved by the decision of the authorized enforcement official, may appeal the decision to the City Manager within ten (10) days following the effective date of the decision by the enforcement official by filing a written appeal with the City Manager. Upon receipt of such request, the City Manager shall request a report and recommendation from the authorized enforcement official and shall set the matter for hearing at the earliest practical date. Due notice of the hearing shall be provided to the person appealing the decision of the authorized enforcement official. At the hearing, the City Manager may hear additional evidence, and may reject, affirm or modify the authorized enforcement official's decision. The City Manager decision shall be final.

(Ord. 141 § 1 (part), 2004)

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. 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. This Chapter shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on the code or any administrative decision lawfully made thereunder.

(Ord. 141 § 1 (part), 2004)

The provisions of California Code of Civil Procedure Section 1094.5 and Section 1094.6 are applicable to judicial review of City decisions pursuant to this Chapter.

(Ord. 141 § 1 (part), 2004)

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to a person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter.

(Ord. 141 § 1 (part), 2004)

In the event of any conflict between this Chapter and any federal or state law, regulation, order or permit, that requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this Chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. 141 § 1 (part), 2004)