Article XII — STORM WATER QUALITY MANAGEMENT

SEC. 22-215. PURPOSE AND INTENT.

This article implements the Federal Water Pollution Control Act (the “Clean Water Act” or “CWA”), 33 U.S.C. Section 1251et seq., as amended, and Division 7 of the California Water Code by prohibiting the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) required by CWA Section 402 (33 U.S.C. Section 1342), and by prohibiting non-storm water discharges into the storm drain system.

(Ord. No. 2459, 2876)

SEC. 22-216. DEFINITIONS.

For the purposes of this article, the following words and phrases will have the meanings set forth this section. Words and phrases not defined in this section or elsewhere in this article will have the meanings set forth in the regulations implementing the NPDES, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, and if not defined in such laws, then the applicable definitions in the municipal storm water permit will apply.

(A) BASIN PLAN - The Water Quality Control Plan for Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the regional board on June 13, 1994, as amended from time to time.

(B) BEST MANAGEMENT PRACTICES (“BMPs”) - Measures, practices, and procedures to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the city’s storm drain system and receiving waters. A BMP may consist of a structural BMP, source control BMP, treatment control BMP, or any other BMP promulgated by the California Stormwater Quality Association (CASQA), California Department of Transportation (Caltrans), or approved by the director for the purpose of controlling or eliminating storm water pollution.

(C) CHANNEL - An open conduit either naturally or artificially created that periodically or continuously contains moving water, or which forms a connecting link between two waterbodies.

(D) CONSTRUCTION ACTIVITY - Any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in a land disturbance. Construction activity does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain original line and grade, hydraulic capacity, or original purpose of the facility.

(E) CONTAMINATION - An impairment of the quality of waters of the State by waste to a degree that creates a hazard to the public health through poisoning or spread of disease. Contamination also includes any equivalent effect resulting from the disposal of waste, whether or not waters of the State are affected.

(F) CRITICAL SOURCE FACILITIES - Those commercial or industrial facilities or businesses that have a potential to contribute pollutants to storm water runoff and are listed in Part 4.D and Attachment D of the municipal storm water permit.

(G) DECHLORINATED/DEBROMINATED SWIMMING POOL DISCHARGE - Any swimming pool discharge with a residual chlorine or bromine level of 0.1 mg/L or less; and that does not contain any detergents, wastes, algaecides, or cyanuric acid in excess of 50 ppm, or any other chemicals including salts from pools commonly referred to as “salt water pools”. The term does not include swimming pool filter backwash or swimming pool water containing bacteria.

(H) DEVELOPMENT - Any construction, rehabilitation, redevelopment or reconstruction for which either discretionary land use approval or a permit is required, for any public or private residential (whether single-family, multi-unit or planned unit development); industrial; commercial; retail; institutional; and other non-residential projects, including public agency projects; or mass grading for future construction.

(I) DIRECTOR - The public works director or designee.

(J) DISCHARGE - When used without qualification, the discharge of a pollutant.

(K) DISCHARGE OF A POLLUTANT - Any addition of any pollutant to waters of the United States, to the city’s storm drain system, or any addition of any pollutant to waters of the contiguous zone from any point source other than a vessel or other floating craft which is being used as a means of transportation.

(L) DISCHARGER - Any person causing a discharge.

(M) EPA - The Environmental Protection Agency of the United States of America.

(N) ENVIRONMENT - The physical conditions that exist within the area and that will be affected by a proposed project. The environment means both naturally occurring and man-made conditions. The area involved will be the area in which significant effects would occur, either directly or indirectly, as a result of the project.

(O) HAZARDOUS SUBSTANCES - Those substances designated as hazardous substances under Section 311(b)(2)(A) of the Clean Water Act, which are listed in the table at 40 CFR Section 116.4, and other applicable law.

(P) HEARING OFFICER - The director, who will preside at the administrative hearings authorized by this article and issue final decisions on matters raised in such hearings.

(Q) ILLICIT CONNECTION - Any engineered conveyance that is connected to the storm drain system, without a permit, through or by which an illicit discharge may occur.

(R) ILLICIT DISCHARGE - Any discharge to the storm drain system that is prohibited under local, State, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non-storm water discharges not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges which are exempt or conditionally exempt in accordance with any applicable order of the regional board or authorized by the regional board executive officer.

(S) INVOICE FOR COSTS - An invoice for the actual costs and expenses of the city, including, but not limited to administrative overhead, salaries, attorney fees and other expenses recoverable under applicable law, incurred during any inspection, investigation or proceeding conducted pursuant to this article, where a notice of

violation or other enforcement remedy under this article is used to obtain compliance with this article.

(T) MAXIMUM EXTENT PRACTICABLE - The level of pollutant control that is derived from available technology or other controls at the maximum level that is practicable. Pollution prevention and source control BMPs in combination with structural and treatment methods where appropriate are emphasized to achieve compliance. The maximum extent practicable approach is an ever evolving and advancing concept that considers technical and economic feasibility.

(U) MUNICIPAL SEPARATE STORM SEWER SYSTEM (“MS4”) or STORM DRAIN SYSTEM - A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, as defined in 40 CFR Section 122.26(b)(8): (1) owned or operated by the city; (2) designed or used for collecting or conveying storm water; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works, as defined in 40 CFR Section 122.2.

(V) MUNICIPAL STORM WATER PERMIT - NPDES Permit No. CAS004002 Waste Discharge Requirements for Storm Water (Wet Weather) and Non-Storm Water (Dry Weather) Discharges from the Municipal Separate Storm Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities Therein (Regional Board Order R4-2010-0108), as amended from time to time.

(W) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”) PERMIT - A permit issued under the CWA, including a State general permit and the municipal storm water permit issued by the regional board.

(X) NEW DEVELOPMENT - Land disturbing activities, structural development, construction or installation of a building structure, creation and replacement of impervious surfaces, and land subdivision.

(Y) NON-STORM WATER DISCHARGE - Any discharge to the storm drain system that is not composed entirely of storm water.

(Z) POINT SOURCE - Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm water discharges and return flows from irrigated agriculture.

(AA) POLLUTANT - As defined in CWA section 502(6), 33 U.S.C. section 1362(6), and incorporated by reference into California Water Code section 13373, or other applicable law, which is discharged into water.

(BB) POLLUTION - The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. Pollution also means an alteration of the quality of waters of the State by waste to a degree that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

(CC) POST-CONSTRUCTION STORM WATER MANAGEMENT PLAN (PCSMP) - A plan that defines the strategy and describes the design, placement and implementation of storm water retention and storm water treatment BMPs to effectively prevent non-storm water discharges and reduce pollutants in storm water discharges to the maximum extent practicable, for post-construction urban runoff to the storm drain system.

(DD) POTABLE WATER SOURCES - The potable water system for the treatment, distribution, and provision of water for residential, commercial, industrial, or institutional use that meets all California safe drinking water regulatory standards for human consumption.

(EE) RECEIVING WATERS - All surface water bodies identified in the basin plan.

(FF) REDEVELOPMENT - Land-disturbing activity that results in the creation, addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site as defined in the municipal storm water permit. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. For an existing single-family dwelling and accessory structures, redevelopment means projects that create, add, or replace 10,000 square feet of impervious area. Redevelopment does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and safety.

(GG) REGIONAL BOARD - The California Regional Water Quality Control Board, Los Angeles Region.

(HH) RESPONSIBLE PERSON - The person(s) identified in and responsible for compliance with the provisions of a SWPPP, SWPCP, or PCSMP.

(II) SOURCE CONTROL BMP - Any schedule of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

(JJ) STATE BOARD - The California State Water Resources Control Board.

(KK) STATE GENERAL PERMIT - A permit issued by the State board or the regional board pursuant to 40 CFR Sections 122 and 123 to regulate a category of point sources. The term State general permit includes, but is not limited to, the general permit for storm water discharges associated with construction activity and the general industrial activities storm water permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting, authority of the State board, then the term State general permit will also refer to any EPA administered storm water control program for industrial, construction, and any other category of activities.

(LL) STORM WATER - Any surface flow, runoff, and/or drainage associated with rain storm events and/or snow melt, as defined in 40 CFR Section 122.26(b)(13).

(MM) STORM WATER POLLUTION CONTROL PLAN (SWPCP) - A plan or equivalent form, as required by the municipal storm water permit or by the director, identifying potential pollutant sources from a construction site with less than one acre of soil disturbance and describing proposed design, placement and implementation of BMPs, to effectively prevent non-storm water discharges and reduce pollutants in storm water discharges to the storm drain system, to the maximum extent practicable, during construction activities.

(NN) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - A plan, as required by a State general permit, identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-storm water discharges and reduce pollutants in storm water discharges during activities covered by the State general permit.

(OO) STRUCTURAL BMP - Any structural facility designed and constructed to mitigate the adverse impacts of storm water runoff pollution.

(PP) TREATMENT - The application of engineered systems that use physical, chemical, or biological processes to remove pollutants.

(QQ) TREATMENT CONTROL BMP - Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

(RR) VENTURA COUNTY TECHNICAL GUIDANCE MANUAL FOR STORM WATER QUALITY CONTROL MEASURES or TECHNICAL GUIDANCE MANUAL - The county technical guidance manual for storm water quality measures required by the municipal storm water permit, as amended from time to time.

(SS) WASTE - Sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

(TT) WATERCOURSE - Any natural or artificial channel for passage of water.

(UU) WATERS OF THE STATE - Any surface water or groundwater, including saline waters, within the boundaries of the State of California.

(VV) WATERS OF THE UNITED STATES - Bodies of water as defined in 40 CFR Section 122.2.

(WW) WET SEASON - The calendar period from October 1 through April 15.

(Ord. No. 2459, 2876)

SEC. 22-217. PROHIBITION OF ILLICIT CONNECTIONS AND ILLICIT DISCHARGES.

(A) The discharge of pollutants into the storm drain system is prohibited.

(B) All discharges of material other than storm water into the storm drain system must be in compliance with the city’s NPDES permit and any other NPDES permit

applicable to the subject property.

(C) No person may do any of the following:

(1) Construct, use, maintain, operate or utilize an illicit connection;

(2) Cause, permit, or allow any agent, employee, independent contractor or other person, to construct, maintain, operate, or utilize an illicit connection;

(3) Cause, allow or facilitate an illicit discharge;

(4) Cause, permit, or allow, any agent, employee, or independent contractor, to cause, allow, or facilitate an illicit discharge.

(D) In addition to any other remedy provided by law, the director may, by written notice, require persons responsible for an illicit discharge or illicit connection to immediately, or by a specified date, discontinue the illicit discharge or illicit connection, and, if necessary, to take measures to eliminate the source of the illicit discharge or illicit connection. If the illicit discharge or illicit connection is not discontinued in the time specified, the city may take measures to eliminate the source of the illicit discharge or illicit connection to prevent the occurrence of future illicit discharges or illicit connections.

(E) Whenever the director finds that an illicit discharge or illicit connection resulting in the release of pollutants is taking place or has occurred which may result in or has resulted in the release of pollutants is taking place or has occurred which may result in or has resulted in pollutants entering the storm drain system, or watercourse, the director may require by written notice to the responsible person that the pollution cease, be remediated, and the affected property be restored to its pre-pollution condition within a specified time, along with all other remedies available to the city.

(F) The director may, by written notice, require a person responsible for an illicit connection to the storm drain system to eliminate or to secure approval for the connection within a specified time, regardless of whether or not the connection or discharge to it has been established or approved prior to the effective date of this article.

(Ord. No. 2459, 2876)

SEC. 22-218. GENERAL DISCHARGE PROHIBITIONS.

(A) No person may discharge any material, other than storm water into the city storm drain system or receiving waters, unless a permit has first been obtained.

(B) The following discharges are exempt from the general permit requirement in subsection (A) of this section:

(1) Discharges originating from a state, federal, or other source for which the city is preempted from regulating by State or federal law;

(2) Discharges covered by a separate individual or general NPDES permit, or conditional waiver for irrigated lands;

(3) Discharge flows from fire-fighting activities; or

(4) Discharges that fall within one of the categories below that are not a source of pollutants that exceed water quality standards, and where specified, meet all the

conditions stated:

(a) Natural flows.

1. Stream diversions authorized by the State board.

2. Natural springs and rising groundwater.

3. Uncontaminated groundwater infiltration.

4. Flows from riparian habitats or wetlands, provided all necessary permits or authorization are received prior to diverting the stream flow.

(b) Flows incidental to urban activities.

1. Discharges from potable water sources provided the flows are:

   (i) Low volume, incidental, and infrequent releases that are innocuous from a water quality perspective;

   (ii) Dechlorinated, pH adjusted if necessary, re-oxygenated, and both the volume and velocity are controlled to prevent re-suspension of sediments; and

   (iii) All sediments must be collected and disposed of in a legal manner.

2. Gravity flow from foundation, footing, and crawl space drains.

3. Discharges from air conditioning condensate with flow segregated to prevent introduction of pollutants.

4. Reclaimed and potable irrigation water runoff with flow segregated to prevent introduction of pollutants.

5. Dechlorinated/debrominated swimming pool discharges that:

   (i) Do not have chlorine or bromine residuals that exceed 0.1 mg/L;

   (ii) Do not contain any chemicals, detergents, wastes, or algaecides;

   (iii) Do not contain cyanuric acid in excess of 50 ppm;

   (iv) Do not contain salts or pH levels in excess of the water quality standards set forth in the municipal storm water permit;

(v) The volume and velocity is controlled to prevent re-suspension of sediments; and

(vi) The cleaning waste water and filter back wash is not discharged to storm drain system.

(c) Non-commercial car washing by residents or non-profit organizations.

(d) Sidewalk rinsing using a high pressure-low volume of water device with no additives.

(e) Pooled storm water from treatment BMPs provided that:

1. The discharge is not a source of pollutants; and

2. Sediments are to be disposed of properly in compliance with all applicable laws.

(Ord. No. 2459, 2806, 2876)

SEC. 22-219. SPECIFIC DISCHARGE PROHIBITIONS.

The following discharges are prohibited from entering the storm drain system:

(A) Discharges from the washing or cleaning of gas stations, auto repair garages, or other types of automotive service facilities.

(B) Discharges from mobile auto washing, carpet cleaning, steam cleaning, sandblasting, and other such mobile commercial and industrial operations.

(C) Discharges from areas where repair of machinery and equipment, which are visibly leaking oil, fluid or antifreeze, is performed.

(D) Discharges from storage areas for materials containing grease, oil, or other hazardous substances, or uncovered receptacles containing hazardous materials.

(E) Discharges from swimming pools that have a chlorine/bromine concentration greater than 0.1 mg/L or a chloride concentration greater than 250 mg/L.

(F) Discharges from swimming pool filter backwash, decorative fountains, and ponds.

(G) Discharges from industrial/commercial areas, including the washing or cleaning of restaurant mats.

(H) Discharges from stationary or mobile pet grooming facilities.

(I) Trash container leachate.

(J) Spills, dumping or disposal of pesticide, fungicide, herbicide, litter, landscape and construction debris, garbage, food, animal waste, fuel or chemical wastes, batteries, and any other materials that have the potential to adversely impact water quality.

(Ord. No. 2459, 2876)

SEC. 22-220. REDUCTION OF POLLUTANTS IN STORM WATER.

(A) Discharges of storm water containing pollutants which have not been reduced to the maximum extent practicable are prohibited.

(B) Any person engaged in activities that will or may result in pollutants entering the storm drain system or watercourses must undertake all practicable measures to reduce such pollutants.

(C) With written concurrence of the regional board, the city may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system or watercourses.

(Ord. No. 2459, 2876)

SEC. 22-221. REDUCTION OF LITTER.

(A) Prohibition. No person may throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, kept, or maintained, in or upon any public or private driveway, parking area, street, alley, sidewalk, trail, or component of the storm drain system or any receiving waters, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, or pollutant so that the same may cause or contribute to pollution.

(B) Waste management on residential sites. Waste must be deposited in a proper receptacle that must be covered to prevent scattering by wind or animal. Spillage and overflow of wastes around containers must be promptly cleaned and properly disposed of.

(C) Waste management on commercial, industrial sites and private residential complexes. It is the responsibility of any person owning or operating any commercial establishment, industrial park, or residential complex with common areas to procure and place trash receptacles at their own expense on the premises. Persons placing trash in receptacles must do so in such manner as to prevent litter from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. Persons owning or occupying a place of business, who sell or offer for sale food or other goods for immediate consumption wrapped in paper, plastic, cardboard or other similar disposable materials or containers, must endeavor to implement a general litter removal program so as to remove litter generated by such business at least each business day. No person owning or occupying a place of business may sweep into or deposit in the storm drain system the accumulation of litter from any building or lot from any public or private sidewalk or driveway. Persons owning or occupying places of business must keep the sidewalk in front of their business premises free of litter.

(Ord. No. 2459, 2876)

SEC. 22-222. CONSTRUCTION DEVELOPMENT.

Any construction activity that results in a land disturbance that requires a grading, building, or discretionary permit must be undertaken in accordance with:

(A) Any conditions and requirements established by the municipal storm water permit or other applicable NPDES permits which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the construction site.

(B) Any condition or requirement established by the director to protect specific watersheds or drainage basins.

(C) Any construction activity requiring a grading, demolition, or stockpile permit must include a plan identifying the structural and non-structural BMPs to be implemented during the construction activity to reduce pollutants in storm water runoff from the site and prevent construction site discharges from causing or contributing to a violation of water quality standards.

(1) The storm water runoff plan required for the construction activity will be based on the area of land to be disturbed by the construction activity as follows:

(a) Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of less than one acre of land will require the

applicant for such permit to submit and obtain city approval a SWPCP, or equivalent, as required by the municipal storm water permit.

(b) Any construction activity requiring a grading, demolition or stockpile permit that results in the disturbance of one acre or greater, will require the applicant for

such permit to submit and obtain city approval of a SWPPP in accordance with the municipal storm water permit and state general permit.

(2) Prior to the issuance of a grading permit or any permit authorizing construction activity including demolition, clearing, grading, grubbing, excavation, construction, if required by the state board, or where the director determines there is a substantial potential for discharge of significant levels of a pollutant into the storm drain system or receiving waters, the applicant for such permit must submit and obtain approval for the required plan based on the area of land disturbed by the construction activity.

(3) Each applicable SWPPP or SWPCP, must name a responsible person for the project.

(4) The owners of a development project, and their successors and assigns, and each named responsible person, must implement and adhere to the terms,

conditions and requirements of the approved SWPPP or SWPCP. Any failure to implement and adhere to the terms, conditions and requirements of such plan will constitute a violation of this article.

(5) Compliance with the conditions and requirements of a SWPPP or SWPCP will not exempt any responsible person from the requirement to comply

independently with each provision of this article.

(6) Any construction activity requiring a SWPPP or SWPCP will be inspected a minimum of once during the wet season for the implementation of storm water

quality controls. If the city determines that the SWPCP or SWPPP has been improperly implemented, a follow-up site inspection will be conducted by the city within two weeks of the initial inspection.

(7) The city's costs and expenses incurred in the review, approval, or revision of any SWPPP or SWPCP, as well as for the construction site inspection and

reinspection will be included as part of the applicable fee for such plans.

(Ord. No. 2459, 2876)

SEC. 22-223. POST CONSTRUCTION DEVELOPMENT.

(A) All new development and redevelopment within the city must be undertaken in accordance with:

(1) Any conditions and requirements established by the municipal storm water permit.

(2) Any condition or requirements established by the city to protect specific watersheds or drainage basins.

(B) Applicability of this article to new development and redevelopment projects will be determined in accordance with the municipal storm water permit.

(C) The following requirements apply to new development and redevelopment projects that are subject to post-construction storm water controls:

(1) A PCSMP will be required to be submitted.

(2) Each PCSMP must:

(a) Include the name of the owner or other responsible person for the project;

(b) Illustrate the location of proposed post-construction storm water controls;

(c) Provide engineering calculations and analysis in accordance with the technical guidance manual that demonstrate that the post-construction storm water

controls will function appropriately;

(d) Include an operation and maintenance plan in accordance with the technical guidance manual. The operation and maintenance plan must specify a required

schedule and requirements for maintenance and monitoring; and

(e) Include a storm water treatment device access and maintenance agreement on the form provided by the city. The director may require that the agreement be recorded with the County Recorder's office.

(3) The owner or responsible person must implement and adhere to the terms, conditions and requirements of the approved PCSMP. Each failure to implement and

adhere to the PCSMP will constitute a separate violation of this article.

(4) The city's costs and expenses incurred in the review, approval or revision of any PCSMP or other related requirements will be charged to the owner or

responsible person of the applicable new development or redevelopment project as a fee per the applicable city fee resolution.

(5) Compliance with the conditions and requirements of a PCSMP and related maintenance agreement does not exempt any person or development project from

the requirement to comply independently with each provision of this article.

(D) The owner or responsible person of a property with a post-construction storm water control device must submit to the city an annual statement on the form provided by the city that certifies that the post-construction storm water device is being adequately maintained and functions as designed. If the annual statement is not timely received by the city, the city may inspect the post-construction storm water device and the owner or responsible person will be charged a fee per the applicable city fee resolution for such inspection and any necessary reinspections.

(Ord. No. 2459, 2876)

SEC. 22-224. BEST MANAGEMENT PRACTICES.

(A) Authorization to adopt and enforce best management practices. The director may adopted requirements establishing appropriate BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of the storm drain system. If relevant BMPs have been promulgated by the city or any federal, state or county agency for an activity, operation or facility that would otherwise cause the discharge of pollutants to the storm drain system or watercourses, every person undertaking such activity or operation, or owning or operating such facility must implement such BMPs.

(B) Responsibility to implement best management practices. Any person engaged in activities or operations or owning facilities or property that will or may result in pollutants entering the storm drain system, or watercourses, as determined by the director, must implement applicable BMPs to the extent they are technologically and economically achievable to prevent or reduce such pollutants.

(C) Minimum BMPs for particular urban activities.

(1) Minimum BMPs for mobile car washes are full containment under and around the vehicle being washed, capture of all water used in the washing operation, and

hauling of the captured wash water to a legal point of disposal.

(2) Minimum BMPs for building or sidewalk pressure washing are to use high pressure and low volume of water with no additives at an average usage of 0.006 gallons per square foot of surface area to be rinsed, capture all water used in the washing operation, and haul the captured wash water to a legal point of disposal.

(3) Minimum BMPs for landscape irrigation are inspection of irrigation systems to minimize contact with impervious surfaces, and segregation of runoff from the

irrigated area following treatment (pesticide or fertilizer application) to prevent introduction of pollutants.

(Ord. No. 2459, 2876)

SEC. 22-225. COMPLIANCE WITH NPDES PERMIT.

Each industrial discharger associated with any construction activity, or any other discharger described in any NPDES permit, must comply with and undertake all other activities required by any applicable NPDES permit with regard to such discharges.

(Ord. No. 2459, 2876)

SEC. 22-226. WATERCOURSE AND STORM DRAIN SYSTEM PROTECTION.

(A) Every owner or responsible person for a property, through which a watercourse or portion of the storm drain system passes, must keep and maintain the property reasonably free of litter, debris, vegetation and other obstacles which may contribute pollutants, contaminates or cause a blockage of the flow of water through the watercourse or storm drain system.

(B) Every owner or responsible person for a property must maintain all existing structures within or adjacent to the storm drain system so that such structures will not become a hazard to the use, function or physical integrity of the storm drain system; and, consistent with other laws regarding riparian habitat protection, may not remove healthy bank vegetation beyond that actually necessary for such maintenance, not remove any such vegetation in a manner as to increase the vulnerability of a watercourse to erosion.

(Ord. No. 2459, 2806, 2876)

SEC. 22-227. PROHIBITED ACTS AFFECTING WATERCOURSES OR STORM DRAINS.

No person may commit or cause to be committed any of the following acts, unless an appropriate permit or approval from all agencies with jurisdiction over the proposed act or project has first been obtained:

(A) The discharge of a pollutant into any pipe or channel to a watercourse or storm drain system.

(B) Modify the natural flow of water in a watercourse or storm drain system.

(C) Deposit in, plant in, or remove any material from a watercourse or storm drain system including its banks, except as required for maintenance.

(D) Construct, alter, enlarge, connect to, change or remove any structure in a watercourse or storm drain system.

(E) Place any loose or unconsolidated material along the side of or within a watercourse or storm drain system, or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being transported by storm waters passing through a watercourse or storm drain system.

(Ord. No. 2459, 2876)

SEC. 22-228. INSPECTIONS.

(A) Right to inspect. Whenever it is necessary to make an inspection to monitor or enforce any of the provisions of, or perform any duty imposed by, this article, any permit, SWPCP, or other applicable law, or whenever the director has reasonable cause to believe there exists upon any premises, including any mobile or portable vehicles, any violation of the provisions of this article, any permit, SWPCP, or other applicable law, or any condition which makes such premises hazardous, unsafe or dangerous, the director is authorized to enter such property at any reasonable time to inspect the same and perform any duty imposed upon the director by this article, or other applicable law.

(B) Entry. The director is authorized to enter public or private property to investigate the source or potential source of a suspected illicit discharge to a storm drain system or watercourses located within the city at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. Prior to commencing any inspection as authorized by this article, the director will obtain the consent of the owner or responsible person for the premises or will obtain an administrative inspection warrant or criminal search warrant.

(C) Records review. The director may examine and copy such records as is necessary to determine compliance with the provisions of this article.

(D) Sample and test. The director 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), or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The director 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 director may take photographs or videotape, make measurements or drawings and create any other record reasonably necessary to document conditions on the property.

(E) Monitoring. The director may undertake monitoring and analysis including both the construction and maintenance of devices at the owners' expense, or require the owner or responsible person to undertake construction and maintenance of devices, at the owners' expense, for the purpose of measuring any discharge or potential source of discharge to the storm drain system.

(F) Test results. The owner or responsible person of property subject to inspection must provide copies of test results to the city. On submission of a written request to the director, such person will be entitled to receive copies of any results of tests conducted by the city.

(Ord. No. 2459, 2876)

SEC. 22-229. INSPECTIONS OF CRITICAL SOURCE FACILITIES.

The city will conduct regular inspections of critical facilities in accordance with the requirements of the municipal storm water permit. In order to defray the cost of these mandatory inspections, critical source facilities are required to pay the applicable inspection fee established by city council resolution.

(Ord. No. 2459, 2876)

SEC. 22-230. REMEDIES FOR VIOLATIONS.

(A) Notice of violation. The director will review each report of illicit connection or illicit discharge, and, if appropriate, may serve a notice of violation to the owner or responsible person of any public or private property as to which an illicit connection or illicit discharge exists. The notice of violation shall:

(1) Identify the provision(s) of this article, the applicable SWPPP, SWPCP, PCSMP, or permit alleged to have been violated;

(2) State the continued noncompliance may result in civil, criminal or administrative enforcement actions;

(3) State a compliance date;

(4) Describe the manner of abatement required;

(5) Order any necessary remediation work; and

(6) State that the city may recover its costs of abating the violation.

(B) The notice of violation may include where deemed applicable by the director, the following:

(1) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized illicit discharges, including but not

limited to, the threat of an illicit discharge from any pond, pit, well, surface impoundment, holding or storage area;

(2) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

(3) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to

contact storm water;

(4) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this article including, but not limited to, requirements for

compliance with BMPs guidance documents promulgated by any federal, State or local agency;

(5) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of an applicable SWPPP,

SWPCP, PCSMP, or NPDES permit, or this article.

(C) Cease and desist orders.

(1) The director may issue a cease and desist order where the public health, safety and/or welfare requires the same, directing the owner or a responsible person

to:

(a) Immediately discontinue any illicit connection or illicit discharge to the storm drain system;

(b) Immediately contain or divert any flow of non-storm water off the property, where the flow is occurring in violation of this article;

(c) Immediately discontinue any other violation of this article; and

(d) Clean up the area affected by the violation.

(2) The director may direct by cease and desist order that the owner or responsible person immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, NPDES permit or this article. For construction projects and activities for which a grading or building permit is required a stop work order may be issued by the director or building and safety official of the city to ensure corrective actions are made to the satisfaction of the director. No construction work may proceed until corrective actions have been completed to the satisfaction of the director.

(3) A cease and desist order will be considered a notice of violation.

(D) Recovery of costs. The director will serve an invoice for costs upon the owner or other responsible person who is subject to a notice of violation or a cease and desist order. If any owner or other responsible person fails to pay the invoice for costs, then the city may institute collection proceedings.

(E) Service of notices. Any notice of violation, cease and desist order or invoice for costs (collectively, “order”) must be served pursuant to the requirements of this article and will be subject to the following:

(1) Each order must state that the recipient has a right to appeal the matter as set forth in this article.

(2) The order must include the address of the affected property and be addressed to the owner as shown on the most recently issued equalized assessment roll or

as may otherwise appear in the current records of the city.

(3) If the owner or other responsible person cannot be located after the reasonable efforts of the director, the order will be deemed served ten business days after

posting on the property.

(F) Emergency abatement. The director is authorized to take any reasonably necessary precautions including, but not limited to, decontamination, packaging, dyking and transportation of materials, in order to protect life, protect property or prevent damage resulting from a condition which is likely to result in a discharge presenting an imminent hazard to the public health, safety or welfare; or which, either individually or in conjunction with other discharges, is an imminent hazard to the city's storm drain system, the environment or which places the city in violation of its NPDES permit. In the furtherance of such an operation, city personnel, any party contracting with the city or a duly authorized representative of another government agency will have immediate access to the premises. The director may prohibit access to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof. Any costs incurred by the city in performing emergency abatement procedures may be recovered pursuant to subsection (D) of this section.

(G) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this article, a notice of violation, a cease and desist order, an applicable SWPPP, SWPCP, PCSMP, or a condition or requirement of a NPDES permit, constitutes a separate violation.

(Ord. No. 2876)

SEC. 22-231. APPEALS.

(A) Any person aggrieved by the issuance of an order may appeal from the issuance of such order in accordance with the following:

(1) Any such appeal must be filed in writing within 15 days of the date of service of the order by the director upon the appealing party.

(2) No such appeal will be valid for any purpose unless it is timely filed with the City Clerk and unless a filing and processing fee is paid contemporaneously with the

filing thereof in an amount as set by city council resolution.

(3) Upon the timely filing of such an appeal, the hearing officer will set a time and place for a hearing on such appeal as expeditiously as is possible and notify the

appellant in writing of the time and place of the hearing.

(4) At the time of such hearing, the hearing officer will permit any interested person to present any relevant evidence bearing on the matters involved in the

issuance of the order which is the subject of the appeal. The hearing officer need not follow the strict provisions of the rules of evidence as utilized in a judicial proceeding but will follow the substance of such rule to the end that the decision rendered is based upon reliable relevant evidentiary material. The hearing officer's decision will be final and subject only to judicial review.

(B) The provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure set forth the procedure for judicial review of any action taken by the city pursuant to this article.

(Ord. No. 2876)