Chapter 15.80 — STORMWATER MANAGEMENT AND POLLUTION CONTROL

This chapter shall be known as the "Stormwater Management and Pollution Control Ordinance of the city of

Petaluma" and may be so cited. (Ord. 2209 NCS §1, 2005.)

A. The federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the

waters of the United States by extending national pollutant discharge elimination system requirements to

stormwater and urban runo[ discharge into the city’s municipal separate storm sewer system (MS4).

B. The city’s stormwater management plan requires the city to e[ectively prohibit nonstormwater discharges

from the incorporated area of the city into the city’s MS4 except as otherwise permitted by law.

C. The council Wnds in this regard that the provisions of this chapter are necessary to provide the city with the

legal authority necessary to implement the Stormwater Management Plan.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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(Ord. 2209 NCS §1, 2005.)

A. The purpose and intent of this Chapter is to ensure the health, safety, and general welfare of citizens, and

protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent

with the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) by reducing pollutants in stormwater

discharges to the maximum extent practicable (MEP) and by prohibiting nonstormwater discharges to the city’s

MS4.

B. It is the intent of the council in adopting this chapter to provide the city with the legal authority to accomplish

the following goals:

1. To reduce the discharge of pollutants in stormwater to the maximum extent practicable;

2. To e[ectively prohibit illicit connections and nonstormwater discharges into the city’s MS4;

3. To comply with the requirements of the Federal Water Pollution Control Act and the state Porter-Cologne

Water Quality Control Act as they apply to the discharge of pollutants into and from the city’s MS4;

4. To fully implement the city’s storm-water management plan;

5. To establish the authority to adopt or impose requirements for development and redevelopment

projects to reduce or eliminate stormwater pollution and erosion both during construction and after the

project is complete;

6. To protect the physical integrity and function of the city’s MS4 from the e[ects of pollutants and

materials other than stormwater;

7. To prevent the contamination of ground water as a result of pollution migration from the city’s MS4;

8. To protect the health and safety of maintenance personnel and the public who may be exposed to

pollutants in the city’s MS4;

9. To provide for the recovery of regulatory costs incurred by the city in the implementation of its

stormwater management plan, including, but not limited to, enforcement activities, inspections,

investigations, sampling and monitoring; and

10. To establish appropriate enforcement procedures and penalties for violations of the provisions of this

chapter.

(Ord. 2209 NCS §1, 2005.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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The following deWnitions are adopted for the purpose of this chapter:

A. "Best management practices (BMPs)" means activities, prohibition of practices, general good housekeeping

practices, pollution prevention and educational practices, maintenance procedures, and other management

practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly

to waters of the United States. BMPs shall also be deWned to include structural controls, treatment controls,

training requirements, operating procedures, and practices to control plant site runo[, spillage or leaks, sludge or

waste disposal, and drainage from raw materials storage.

B. "Council" means the city council of the city of Petaluma.

C. "City" means the city of Petaluma.

D. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or

private residential project, industrial, commercial, retail, and all other nonresidential projects, public or private, or

grading for future construction, for which either discretionary land use approval or any permit is required.

E. "Director" means the water resources and conservation department director or his/her designee(s) including,

but not limited to enforcement oYcers authorized by the director.

F. "Discharge" means the release or placement of any material into the city’s MS4, including, but not limited to,

stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other

substance.

G. "Hazardous substances" means those materials listed in Title 40 of the Code of Federal Regulations (40 CFR)

Part 117 and/or 40 CFR Part 302 and/or Division 20 of the California Health and Safety Code.

H. "Illicit connection" means any man-made conveyance or drainage system pipeline, conduit, inlet or outlet, or

condition of property whether on the surface or subsurface through which the discharge of any pollutant to storm

drains or storm sewers occurs or may occur.

I. "Incidental runo[" means unintended amounts (volume) of runo[, such as unintended, minimal over-spray

from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered

incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overXow or

application, or if it is due to negligence.

J. "Implementing agency" means the agency or department designated by the director to enforce the provisions

of this chapter with respect to a particular site, facility or industry category.

K. "Industrial activity" means activities subject to NPDES industrial permits as deWned in 40 CFR, Section 122.26

(b) (14).

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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L. "Material" means any substance, including, but not limited to, raw materials, Wnished products, garbage and

debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease,

gasoline, paints, solvents, cleaners and any Xuid or solid containing chemicals.

M. "Maximum extent practicable (MEP)" means a technology-based standard established by Congress in the

Clean Water Act section 402(p) (3) (B) (iii) for stormwater discharge that municipalities must meet. MEP is generally

the result of emphasizing pollution prevention and source control best management practices (BMPs) primarily (as

the Wrst line of defense) and in combination with treatment methods serving as backup (additional line of

defense). The MEP approach is an ever evolving, Xexible and advancing concept, which considers technical and

economic feasibility. As knowledge about controlling urban runo[ continues to evolve, so does what constitutes

MEP.

N. "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, man-made channels, or

storm drains) 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 (POTW).

O. "National pollutant discharge elimination system (NPDES) permit" means a permit issued by either the

regional water quality control board or the state water resources control board pursuant to Chapter 5.5

(commencing with Section 13370) of Division 7 of the Water Code to control discharges from point sources to

waters of the United States, or permit issued by the United States Environmental Protection Agency pursuant to

the Federal Water Pollution Control Act (33 U.S.C. § 1341 et seq.) to control discharges from point sources to

waters of the United States.

P. "Nonstormwater discharges" means any discharge to the city’s MS4 that is not composed entirely of

stormwater.

Q. "Person" means any natural person as well as any corporation, partnership, public agency, trust, estate,

cooperative association, joint venture, business entity or other similar entity, or the agent, employee or

representative of any of the above.

R. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not

limited to: paints, varnishes, and solvents; oil and other automotive Xuids; non-hazardous liquid and solid wastes

and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and

accumulations, so that same may cause or contribute to pollution; Xoatables; pesticides; herbicides, and fertilizers;

hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal

wastes; wastes and residues that result from constructing a building or structure (including but not limited to

sediments, slurries, and concrete rinsates); and noxious or o[ensive matter of any kind.

S. "Pollution" means the human-made or human-induced alteration of the quality of waters by waste to a

degree which unreasonably a[ects, or has the potential to unreasonably a[ect, either the waters for beneWcial

uses or the facilities which serve these beneWcial uses.

T. "Prohibited discharge" means any nonstormwater discharge to the city’s MS4, which is not otherwise

speciWcally authorized by this chapter, the regional board, state or federal law, or an NPDES permit.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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U. "Redevelopment" means, on an already developed site, the creation or addition of at least Wve thousand

square feet of impervious area. Redevelopment includes, but is not limited to: the expansion of a building

footprint or addition of a structure; structural development including an increase in gross Xoor area and/or

exterior construction or remodeling; and land disturbing activities related with structural or impervious surfaces.

V. "Regional board" means the California Regional Water Quality Control Board, San Francisco Region.

W. "Source control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures,

managerial practices, or operational practices that aim to prevent stormwater pollution by reducing the potential

for contamination at the source of pollution.

X. "Stormwater" means any surface Xow, runo[, and drainage consisting entirely of water from rain storm

events and snow melt.

Y. "Subject activities" means any industrial activity which is determined by the director to discharge or have the

potential to discharge pollutants into stormwater or nonstormwater in quantities or concentrations which may

cause exceedance of receiving water limitations.

Z. "Threatened prohibited discharge" means any condition or activity which does not currently result in a

prohibited discharge but is nevertheless determined by the director to be a condition which results in a

substantial likelihood of a future prohibited discharge.

AA. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity

settling of particulate pollutants, Wltration, biological uptake, media adsorption, or any other physical, biological, or

chemical process.

BB. "Waters of the United States or waters of the U.S." means surface watercourses and water bodies as deWned

in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provisions.

(Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

The water resources and conservation department is hereby designated as the city department responsible for

the administration of this chapter. (Ord. 2209 NCS §1, 2005.)

Except as provided in Section 15.80.070, no person shall discharge or cause to be discharged into the city’s MS4 or

watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause

or contribute to a violation of applicable water quality standards, other than stormwater. (Ord. 2209 NCS §1, 2005.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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The following discharges to the city’s MS4 are exempt from the otherwise applicable discharge prohibition set

forth in Section 15.80.060.

A. Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger

and administered by the state of California under the authority of the federal environmental protection agency or

under state authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or

order and other applicable laws and regulations, and provided that written approval has been granted by the city

for any discharge to the city’s MS4.

B. Any stormwater containing pollutants that has been reduced to the MEP by the application of BMPs or other

management measures set forth in the city’s stormwater management plan.

C. Any discharge from any of the following activities provided that any such discharge is not identiWed as a

signiWcant contributor of pollutants to the city’s MS4 by the director:

1. Water line Xushing;

2. Diverted stream Xows;

3. Rising ground waters;

4. Uncontaminated ground water inWltration [as deWned in 40 CFR 35.2005 (20)] to MS4s;

5. Uncontaminated pumped ground water;

6. Discharges from potable water sources;

7. Foundation drains;

8. Air conditioning condensate;

9. Springs;

10. Water from crawl space pumps;

11. Footing drains;

12. Individual residential car washing;

13. Flows from riparian habitats and wetlands;

14. Dechlorinated swimming pool discharges;

15. Discharges or Xows from emergency Wre Wghting activities; or

16. Incidental runo[ from landscaped areas.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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D. Any discharges which the director, the county health department or the regional board determines in writing

are necessary for the protection of public health and safety.

E. With written concurrence of the regional board, the city of Petaluma may exempt in writing other

nonstormwater discharges which are not a source of pollutants to the city’s MS4.

(Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

Nothwithstanding the exemptions provided for in Section 15.80.070 above, if the regional board or the director

determines that a discharge which is otherwise exempt from the prohibition on discharges causes or signiWcantly

contributes to the violation of any receiving water limitation or results in the conveyance of signiWcant quantities

of pollutants to surface waters, or is otherwise a danger to public health or safety, the director may give written

notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue

following expiration of the thirty day period commencing upon delivery of the notice. Upon expiration of such

thirty day period, any such discharge shall be unlawful. (Ord. 2209 NCS §1, 2005.)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after

having received notice of the director’s determination as to the existence of a threatened prohibited discharge.

(Ord. 2209 NCS §1, 2005.)

A. It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any

illicit connection. Illicit connections include pipes, drains, open channels, or other conveyances that have the

potential to allow an illicit discharge to enter the MS4. Illicit connections shall be subject to removal or abatement

by the city pursuant to Section 15.80.230.

B. The prohibition set forth in subsection A above shall apply to illicit connections in existence at the time that

this chapter becomes e[ective. Upon the e[ective date of this chapter, any person who maintains an illicit

connection shall have thirty days from the e[ective date of this chapter to disconnect and discontinue use of such

connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as

deWned in Section 15.80.040, may apply to the city for a permit to continue the connection subject to applicable city standards.1

C. It shall be unlawful for any person to discharge water (including all nonstormwater discharges) not otherwise

authorized, including discharges from organized car washes, mobile cleaning and pressure wash operations.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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(Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

1 Editor’s Note: Ordinance No. 2209 NCS, codiWed herein, was adopted June 20, 2005 and became e[ective July

20, 2005.

A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to

construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. 2209 NCS §1, 2005.)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or

upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the city’s MS4, or

waters of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and

accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste

receptacles for the purposes of collection are exempted from this prohibition. (Ord. 2209 NCS §1, 2005.)

storm-water discharge permit.

Any person subject to an industrial or construction NPDES stormwater discharge permit shall comply with all

provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the

director prior to or as a condition of a subdivision map, site plan, building permit, grading permit, or development

or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any

other reasonable cause. (Ord. 2209 NCS §1, 2005.)

To minimize the discharge of pollutants to the MS4, industrial and commercial facilities must install, implement,

and maintain BMPs consistent with the California Stormwater Quality Association Best Management Practice

Handbooks or equivalent. (Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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To minimize the discharge of pollutants to the MS4, industrial and commercial facilities must install, implement,

and maintain BMPs consistent with the California Stormwater Quality Association Best Management Practice

Handbooks or equivalent.

The city may adopt additional requirements identifying appropriate BMPs including, but not limited to, source

control and post construction treatment control measures to control the volume, rate, and potential pollutant load

of stormwater runo[ from new development and redevelopment projects as may be appropriate to minimize the

generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use

entitlement and construction or building-related permit to be issued relative to such development or

redevelopment. The selection and the design of the BMPs, including post-construction treatment control

measures, shall be per the city’s stormwater policy and design standards and per the applicable NPDES permit

issued to the city and other available guidance documents.

Final occupancy shall not be authorized until such time the BMPs and post-construction treatment measures are

properly installed and provisions for long-term maintenance of these BMPs and treatment measures are accepted

by the city. (Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

Any person engaged in activities or operations, or owning facilities or property which will or may result in

pollutants entering stormwater, the city’s MS4, or waters of the U.S. shall implement BMPs to the maximum extent

practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial

establishment shall provide reasonable protection from accidental discharge of prohibited materials or other

wastes into the city’s MS4 or watercourses. Facilities to prevent accidental discharge of prohibited materials or

other wastes shall be provided and maintained at the owner or operator’s expense.

BMPs required or recommended by the city may be obtained from the water resource and conservation

department. (Ord. 2209 NCS §1, 2005.)

Whenever the city Wnds that a discharge of pollutants is taking place or has occurred which will result in or has

resulted in pollution of stormwater, the city’s MS4, or waters of the U.S., the city may require by written notice to

the owner of the property and/or responsible person that the pollution be remediated and the a[ected property

restored within a speciWed time pursuant to the enforcement provisions of Section 15.80.230 below. (Ord. 2209

NCS §1, 2005.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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The city may require by written notice of requirement that any person engaged in any activity and owning or

operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or

nonstormwater discharges to the city’s MS4 or waters of the U.S., to undertake at said person’s expense such

monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with

this chapter. (Ord. 2209 NCS §1, 2005.)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or

responsible for emergency response for a facility or operation has information of any known or suspected release

of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the

city’s MS4, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the

discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said

person shall immediately notify emergency response oYcials of the occurrence via emergency dispatch services

(911). In the event of a release of nonhazardous materials, said person shall notify the city’s public works and

utilities department in person or by phone or facsimile no later than Wve o’clock p.m. of the next business day.

NotiWcations in person or by phone shall be conWrmed by written notice addressed and mailed to the city’s public

works and utilities department within three business days of the phone notice. If the discharge of prohibited

materials emanates from a commercial or industrial establishment, the owner or operator of such establishment

shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such

records shall be retained for at least three years.

Whenever necessary to control a spill to protect the city’s MS4 or whenever the director has cause to believe that

spill control is required, the director or his or her designee may coordinate spill response procedures. In the event

the owner or occupant refuses access to control a spill, the city is authorized to seek assistance from any court or

competent jurisdiction in obtaining such entry. (Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director or

his or her designee has cause to believe that there exists, or potentially exists, in or upon any premises any

condition which constitutes a violation of this chapter, the director may enter such premises at all reasonable

times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the

owner or occupant refuses entry after a request to enter and inspect has been made, the city is authorized to seek

assistance from any court of competent jurisdiction in obtaining such entry. The city will only require information

in compliance with the Homeland Security Act or any other federal law that concerns security in the United States.

(Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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During an inspection as provided in Section 15.80.200, the director may take any samples and perform any testing

deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 2209 NCS §1, 2005.)

The director shall collect such fees as may be authorized by the city council to provide for the recovery of

regulatory costs, including routine inspections and other regulatory functions associated with this chapter. Any

such fees shall be established by resolution of the city council. (Ord. 2209 NCS §1, 2005.)

A. Notice to Comply.

1. Whenever the director Wnds 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, analyses, 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 stormwater pollution or contamination of hazards and the

restoration of any a[ected property;

e. Payment of a Wne to cover administrative and remediation costs; and

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

2. If abatement of a violation and/or restoration of a[ected property are required, the notice shall set forth

a deadline within which such remediation or restoration must be completed. The city is authorized to issue a

cease and desist order and/or to clean up and abate a discharge, including:

a. Requiring the discharger to abate and clean up their discharge, spill, or pollutant release within

seventy-two hours of notiWcation; or as soon as possible in the case of high risk spills;

b. Ordering abatement of discharges, spills or pollutant release within thirty days of notiWcation, for

uncontrolled sources of pollutants that could pose an environmental threat;

c. Performing clean-up and abatement work and billing the responsible party;

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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d. Ordering the cessation of pollution-causing activities until such time as the city determines that the

pollution-causing activities have been adequately addressed.

Requiring a new deadline for completion of clean-up activities and notifying the appropriate regional water

board sta[ member when all parties agree that clean-up activities cannot be completed within the original

deadline. City sta[ will notify the appropriate regional water board sta[ member in writing within Wve

business days of the determination that the clean-up deadline requires revision. Said notice shall further

advise that, should the violator fail to complete the required remediation and/or restoration within the

applicable deadline, such work will be done by the city or a contractor designated by the director and the

expense thereof shall be charged to the violator pursuant to subsection D of this section.

B. Appeal. Notwithstanding the provisions in subsection E of this section, any person receiving a notice to comply

under subsection A of this section may appeal the determination of the director pursuant to the provisions and

procedures in Section 15.04.050.

C. Abatement by City. If the violation has not been corrected pursuant to the requirements set forth in the notice

to comply, or in the event of an appeal under subsection B of this section, within ten calendar days of the decision

of the city council upholding the decision of the director, then the city or a contractor designated by the director

shall 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 owner, agent or person in possession of any

premises to refuse to allow the director or designated contractor to enter upon the premises for the purposes set

forth above.

D. Charging Cost of Abatement/Liens. Within thirty calendar days after abatement of the nuisance by the city, the

director shall notify the property owner of the property of the cost of abatement, including administrative costs.

The property owner may Wle a written protest objecting to the amount of the assessment with the city clerk within

Wfteen calendar days. The city clerk shall set the matter for public hearing by the city council. The decision of the

city council shall be set forth by resolution and shall be Wnal.

If the amount due is not paid within ten calendar days after the decision of the city council or the expiration of the

time in which to Wle an appeal under this chapter the charges shall become a special assessment against the

property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution

shall be turned over to the city 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.

E. Urgency Abatement. The 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 any such violation is not

abated immediately as directed by the director, the city is authorized to enter onto private property and to take

any and all measures required to remediate the violation. Any expense related to such remediation undertaken by

the city shall be fully reimbursed by the property owner and/or responsible party.

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

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F. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the

requirements of this chapter. A violation or failure to comply with any of the requirements of this chapter shall

constitute a misdemeanor and shall be punished as set forth in Section 1.04.060 of this code.

G. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter,

the director may impose upon a violator alternative compensatory actions, such as storm drain stenciling,

attendance at compliance workshops, creek cleanup, or other such similar actions.

H. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided herein,

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 civil action to abate, enjoin, or otherwise compel the cessation of such

nuisance may be taken by the city.

In addition to the remedies for nuisance abatement provided in this chapter, the city expressly reserves the right

to utilize other enforcement remedies found within speciWc chapters of the code, remedies available under any

applicable state or federal statute or pursuant to any other lawful power the city may possess. All such remedies

shall be alternative to or in conjunction with, and not exclusive of, one another.

I. Acts Potentially Resulting in a Violation of the Federal Water Pollution Control Act and/or State Porter-Cologne Water

Quality Control Act. Any person who violates any provision of this chapter or any provision of any requirement

issued pursuant to this chapter may also be in violation of the Federal Water Pollution Control Act and/or the State

Porter-Cologne Water Quality Control Act and may be subject to 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.

J. In response to instances of persistent noncompliance, repeat or escalating violations, or incidents of major

environmental harm, the city may impose more substantial civil or criminal sanctions and escalate corrective

response, up to and including by issuing citations or administrative Wnes against responsible parties either

immediately on site or within a few days of the violation, consistent with the city’s enforcement response plan

pursuant to the general permit.

(Ord. 2546 NCS §2, 2015; Ord. 2209 NCS §1, 2005.)