Chapter 7.01

WATER QUALITY AND STORMWATER DISCHARGES

The United States Congress passed the Clean Water Act (33 USC Section 1251 et seq.,) (Clean Water Act) mandating that cities obtain permits to effectively prohibit non-stormwater discharges into the storm sewers and require controls to reduce the discharge of pollutants to the maximum extent practicable. This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to California's waterways. The Santa Ana Regional Water Quality Control Board (Regional Board) addresses this obligation to implement the Clean Water Act by periodically issuing waste discharge requirements for the County of Orange, Orange County Flood Control District and the incorporated cities of Orange County within Regional Board jurisdiction. These waste discharge requirements shall be referred to herein as the National Pollution Discharge Elimination System (NPDES) permit. The City is named as a co-permittee under the NPDES permit and must comply with the requirements set forth in the NPDES permit.

(Ord. 18-04)

The purpose of this chapter is to establish uniform standards for the improvement of water quality, to comply with the federal requirements for the control of urban pollutants to stormwater runoff, which enters the network of storm drains throughout Orange County, and to regulate discharges of stormwater to the storm drain system within the City. (Ord. 18-04)

Unless otherwise stated, the following definitions shall apply to this chapter:

"Accelerated erosion" means the rate and amount of erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals.

"Basin plan" means the water quality control plan for the Santa Ana Basin adopted by the Santa Ana Regional Water Quality Control Board in March 1994 and any subsequent updates and amendments.

"Best management practices (BMPs)" means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this chapter.

"Co-permittee" means the County of Orange, the Orange County Flood Control District, and/or

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City of Orange, CA

ENVIRONMENT

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any one of the other municipalities within the County of Orange, including the City, which are responsible for compliance with the terms of the NPDES permit.

"DAMP" means the Orange County Drainage Area Management Plan, including all appendices, as the same may be amended from time to time.

"Development project guidance" means DAMP Chapter VII and the Appendix thereto, entitled New Development/Significant Redevelopment, as the same may be amended from time to time.

"Discharge" means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

"Enforcing attorney" means the City Attorney or the District Attorney.

"Hearing officer" means the Public Works Director or designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

"Illicit connection" means any man-made physical connection to the stormwater drainage system which has not been authorized by the agency with jurisdiction over the system at the location at which the physical connection is made, or any such authorized connection which conveys prohibited discharges or any pollutant to the stormwater drainage system.

"Impaired water body" means a water body that is listed by the California State Water Resources Control Board as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Clean Water Act.

"Impervious surface area" means the ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.

"Impervious surfaces" or "covers" means a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways.

"Inspector" means authorized City inspectors who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.

"LIP" means the City Local Implementation Plan, including all appendices, together with any amendments or revisions, which is the document detailing the City's implementation of the DAMP.

"Maximum extent practicable" means the acceptability standard for best management practices (BMPs) established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that dischargers of stormwater must meet. Maximum extent practicable means using the most effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with stormwater and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. Maximum extent practicable generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).

"National pollutant discharge elimination system (NPDES) permit" means the currently

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City of Orange, CA § 7.01.030

ORANGE CODE

§ 7.01.030

applicable municipal discharge permit(s) issued by the Santa Ana Regional Water Quality Control Board, which establishes waste discharge requirements applicable to stormwater and urban runoff in the City.

"New development" means all public and private residential (whether single-family, multiunit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.

"Non-prohibited discharge" means those discharges not prohibited by this chapter, and include only the following: (1) non-stormwater discharges authorized by a separate NPDES permit (other than the NPDES permit for discharges from the municipal stormwater drainage system) provided compliance with all permit conditions is maintained; (2) discharges from fire fighting activities; and (3) the following non-stormwater discharges pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1) and listed in the NPDES permit, unless any of the following are identified as a significant source of pollutants to waters of the United States:

1. Discharges composed entirely of stormwater;

2. Potable water line flushing and other potable water sources;

3. Air conditioning condensate;

4. Landscape irrigation, lawn garden watering and other irrigation sources;

5. Passive foundation drains;

6. Passive footing drains;

7. Water from crawl space pumps;

8. Dechlorinated swimming pool discharges;

9. Non-commercial vehicle washing;

10. Diverted stream flows;

11. Rising groundwaters and natural springs;

12. Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;

13. Flows from riparian habitats and wetlands;

14. Emergency fire fighting flows (i.e. flows necessary for the protection of life and property);

15. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d); and

16. Other types of discharges identified and recommended by the permittees and approved by the Regional Board.

"Nonresidential plumbing permit" means a plumbing permit authorizing the construction and/ or installation of facilities for the conveyance of liquids other than stormwater, potable water, reclaimed water or domestic sewage.

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City of Orange, CA

ENVIRONMENT

§ 7.01.030

§ 7.01.030

"Non-stormwater" means all discharges to and from a stormwater drainage system that do not originate from precipitation events (i.e. all discharges from a stormwater drainage system other than stormwater).

"Person" means any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative.

"Pollutant" means any agent introduced to stormwater or non-stormwater that may cause or contribute to the degradation of receiving water quality such that public health, the environment, or beneficial uses of receiving waters may be affected. The term may include, but is not limited to:

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

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

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

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

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

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

7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);

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

• Materials which contain base/neutral or acid extractable organic compounds;

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

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

"Priority development project" means any of the following development categories as defined in the NPDES permit:

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City of Orange, CA § 7.01.030

ORANGE CODE

§ 7.01.030

• All significant redevelopment as defined herein;

2. New developments that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family homes, multi-family attached subdivisions (townhomes), apartments, condominiums, etc.), mixed-use and public projects;

3. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539);

4. Restaurants where the land area of development is 5,000 square feet or more;

5. Hillside developments of 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25% or more;

6. Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the CWA Section 303(d) list of impaired waters;

7. Parking lots of 5,000 square feet or more of impervious surface exposed to stormwater. Parking lot is defined as a land area or facility for the temporary storage of motor vehicles;

8. Streets, roads, highways and freeways of 5,000 square feet or more of paved surface. This includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes routine maintenance activities when the footprint is not changed;

9. Retail gasoline outlets of 5,000 or more square feet with projected average daily traffic of 100 or more vehicles per day;

10. Emergency and public safety projects in any of the above-listed categories may be excluded if the delay caused due to the requirement for a WQMP compromises public safety, public health and/or environmental protection.

"Prohibited discharge" means any discharge to or from the stormwater drainage system or to a receiving water that is not composed entirely of stormwater. This includes, but is not limited to, discharges of non-stormwater that are not defined as non-prohibited discharges, any discharge from an illicit connection, or any discharge which causes or contributes to the exceedance of basin plan receiving water quality objectives. Discharges pursuant to a separate NPDES permit (other than the NPDES permit for discharges from the municipal stormwater drainage system) are prohibited unless compliance with all applicable permit conditions is maintained.

"Receiving water" means all waters as defined in the NPDES permit, including, but not limited to, natural streams, creeks, rivers, lakes, bays, the Pacific Ocean and groundwater.

"Significant redevelopment" means the addition or replacement of 5,000 square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than 50% of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition

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City of Orange, CA

ENVIRONMENT

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§ 7.01.050

of 50% or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria applies to the entire development.

"State general permit" means the State General Industrial Stormwater Permit, the State General Construction Permit or any other state general permit that has been or will be adopted and the terms and requirements of' any such permit. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.

General Construction Permit or any other state general permit that has been or will be adopted and the terms and requirements of' any such permit. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.

"Stormwater" means surface runoff and drainage associated with storm events and snow melt, and is that portion of precipitation that flows across a surface to the stormwater drainage system or receiving waters. Examples include, but are not limited to: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows from a vegetated surface when rainfall is in excess of the rate at which it can infiltrate into the soil (runoff from a pervious surface); and the water that flows into streams when snow on the ground begins to melt.

"Stormwater drainage system" means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide stormwater runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

"Urban runoff" means all flows in the stormwater drainage system and consist of stormwater and non-stormwater flows.

"Water quality management plan (WQMP)" means a water quality plan that is designed to minimize pollutant discharges during operation activities. Another synonymous term for such a water quality plan is Standard Urban Storm Water Mitigation Plan (SUSMP). (Ord. 18-04; Ord. 6-10, 2010)

• A. No person shall:

  1. Construct, maintain, operate and/or utilize any illicit connection;

  2. Cause, allow or facilitate any prohibited discharge;

  3. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.

• (Ord. 18-04)

• A. New Development and Significant Redevelopment.

  1. All new development and significant redevelopment shall be undertaken to ensure that pollutant discharges from development are reduced to the maximum extent practicable, and in accordance with:

     • a. The NPDES permit, the DAMP and the LIP, including, but not limited to, the

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City of Orange, CA § 7.01.050

ORANGE CODE

§ 7.01.050

development project guidance;

  - b. Any conditions and requirements established by the City's Public Works Department, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site; 

  - c. All priority development projects as defined in this section shall comply with WQMP requirements. Projects that do not qualify as a priority development project but which will require a nonresidential plumbing permit or a discretionary action that will include a precise plan of development shall also comply with Section 7.01.060, except as noted in subsections (A)(3) and (5) of this section. 

2. Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (A)(1) of this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (A)(1) of this section prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.

3. Notwithstanding subsections (A)(1) and (2) of this section, compliance with the development project guidance shall not be required for construction of a (one) singlefamily detached residence unless it falls under one of the priority categories as defined in 7.01.030, or the Public Works Director determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.

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

5. If the Public Works Director determines that the project will have a de minimis impact on the quality of stormwater runoff, then he/she may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.

6. The owner of a new development or significant redevelopment project shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section on a new development or significant redevelopment project.

7. The Public Works Director may require that the terms, conditions and requirements imposed pursuant to subsection (A)(1) of this section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation.

• B. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the City in the review of new development or significant development

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City of Orange, CA

ENVIRONMENT

§ 7.01.050

§ 7.01.080

projects for compliance with the DAMP and LIP. The Public Works Director may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.

• C.

Litter Control.

1. No person shall discard any waste material, including, but not limited to, common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including, but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system.

2. Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same.

3. A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.

(Ord. 18-04; Ord. 6-10, 2010)

A Water Quality Management Plan (WQMP) shall be prepared and submitted for all priority development and significant redevelopment projects, for nonpriority projects as described in the DAMP and for projects as required by the Public Works Director. The City may require independent review of the submitted WQMP, and the development project proponent shall pay for the cost of the independent review. The WQMP shall include low impact development practices (LID), source control and structural and treatment control best management practices as specified in the NPDES permit, and the WQMP shall be prepared in conformance with the DAMP and LIP. Treatment control BMPs shall be required for all priority development projects, and such projects shall be designed so that the treatment control BMPs comply with the volume or flow design criteria specified in the NPDES permit. (Ord. 18-04; Ord. 6-10, 2010)

Every person owning property or conducting any activity, operation or facility shall comply with applicable BMP as identified in the DAMP and LIP in order to prevent, to the maximum extent practicable, pollutants from entering the stormwater drainage system and maintain the BMPs as specified in the project approved WQMP of Section 7.01.060. (Ord. 18-04; Ord. 6-10, 2010)

• A. Scope of Inspections.

  1. Right to Inspect. Except for emergency abatements, access to public areas and annual inspections as required by the DAMP and/or LIP, prior to commencing any inspection authorized by this section, the Inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or

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City of Orange, CA § 7.01.080

ORANGE CODE

§ 7.01.090

criminal search warrant. For annual inspections required by the DAMP and/or LIP, the authorized water quality enforcement staff may inspect a property or facility during normal businesses hours upon 24 hours notice to the owner, operator, or person responsible for the day to day activities of such property or facility.

2. Entry to Inspect. The inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City.

3. Compliance Assessments. The inspector may inspect property for the purpose of verifying compliance with this chapter, including, but not limited to: (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying points of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; and (e) locating any illicit connection or the source of prohibited discharge.

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

5. Records Review. The inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, State general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

ematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, State general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

6. Sample and Test. The inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The inspector may investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

7. Monitoring. The inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.

8. Test Results. The owner or occupant of property subject to inspection shall, upon submission of a written request, receive copies of all monitoring and test results conducted by the inspector.

• (Ord. 18-04)

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City of Orange, CA

ENVIRONMENT

§ 7.01.090

§ 7.01.090

• A. Administrative Remedies.

  1. Notice of Noncompliance. The inspector may deliver a notice of noncompliance to the owner or occupant of any property or to any person responsible for an illicit connection or prohibited discharge.

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

     • b. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days unless the inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.

     • c. The notice of noncompliance may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to immediately:

       • i. Discontinue any illicit connection or prohibited discharge to the stormwater drainage system;

       • ii. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;

       • iii. Immediately discontinue any other violation of this chapter;

       • iv. Clean up the area affected by the violation;

       • v. Immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Section 7.01.050(A)(1), or the terms, conditions and requirements of the applicable permit.

  2. Recovery of Costs. If the violation is not corrected within the time set in the notice of noncompliance, the inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance, an invoice for costs which shall include the cost of the re-inspection. To the extent allowed by state law, an invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in re-inspecting the violation.

If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, then the enforcing attorney may institute collection proceedings.

3. Delivery of Notice. Any notice of noncompliance or invoice for costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:

   • a. The notice shall state that the recipient has a right to appeal the matter as set forth in subsection (A)(4) of this section;

   • b. Delivery shall be deemed complete upon: (i) personal service to the recipient;

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City of Orange, CA § 7.01.090

ORANGE CODE

§ 7.01.090

(ii) three days after deposit in the U.S. mail, postage pre-paid for first class delivery; or (iii) facsimile service with confirmation of receipt;

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

  - d. Where the owner or occupant of any property cannot be located after the reasonable efforts of the inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of 10 business days. 
  

  4. Administrative Hearing for Notices of Noncompliance. Except for criminal prosecutions, any person receiving a notice of noncompliance that directs that person to immediately discontinue or divert any flow off property or to pay an invoice for costs, may appeal the matter by requesting an administrative hearing.

     • a. Request for Administrative Hearing. Any person appealing a notice of noncompliance or an invoice for costs under this section, shall file a written request for an administrative hearing with the City Clerk within 10 days of receipt of the notice of noncompliance or invoice of costs, accompanied by an administrative hearing fee as established by separate resolution, with a copy of the request for administrative hearing mailed or delivered on the date of filing to the Public Works Director. Failure to timely file the request shall be deemed a waiver and the City's determination on such matter shall be deemed final. If a request is timely filed, a hearing on the matter shall be held within 30 business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. The Hearing Officer shall afford each party the right to present testimony and other documentary evidence as necessary for explanation of the case.

     • b. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within 10 business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision.

  5. City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to this section.

erator, permittee or person pursuant to this chapter, the inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to this section.

• B. Nuisance. Any condition in violation of this chapter which has the potential to discharge pollutants into storm sewers shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771 and

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City of Orange, CA

ENVIRONMENT

§ 7.01.090

§ 7.01.090

the City may undertake any steps permitted under the Orange Municipal Code and State law to abate the condition. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health, safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.

Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing may be requested by any property owner or occupant of the property abated and shall follow the emergency abatement action as soon as practicable.

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

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

• C. Criminal Penalties.

1. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or both. At his or her discretion, the enforcing attorney may treat the violation as an infraction and in such case, the violation shall be punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.

   2. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, notice of noncompliance or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

• D. Non-exclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the inspector or enforcing attorney to seek cumulative remedies.

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City of Orange, CA § 7.01.090

ORANGE CODE

§ 7.01.100

• E. Citations.

  1. Pursuant to Penal Code Section 836.5, the inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6, and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Inspector shall refer the matter to the enforcing attorney.

  2. Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least 10 business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.

• F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

• G. Injunctions. The enforcing attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter.

  1. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law.

• H. Other Civil Remedies.

  1. The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of: (a) all costs incurred in enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (b) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (c) damages for irreparable harm to the environment.

2. The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City to seek any other remedy that may be available by law.

(Ord. 18-04)

The City intends to cooperate with other agencies with jurisdiction over stormwater discharges

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City of Orange, CA

ENVIRONMENT

§ 7.01.100

§ 7.01.110

to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act are met. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter. (Ord. 18-04)

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

(Ord. 18-04)

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City of Orange, CA

ENVIRONMENT

§ 7.02.010

§ 7.02.030