Rancho Santa Margarita Municipal Code Ch. 5.10 Water Quality Control

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Editor's note— Ord. No. 10-07, § 1, adopted November 10, 2010, amended Chapter 5.10 in its entirety to read as herein set out. Formerly, Chapter 5.10 pertained to similar subject matter, and derived from Ord. No. 04-01, § 2, adopted May 28, 2004.

(a) The purpose of this chapter is to prescribe regulations as mandated by the Clean Water Act (33 U.S.C. § 1251 et seq., as amended, including § 402(p)) to effectively prohibit non-stormwater discharges into the storm sewers and to reduce the discharge of pollutants. Human activities, such as agriculture, construction, and the operation and maintenance of urban infrastructure, may result in undesirable discharges of pollutants and certain sediments that may accumulate in local drainage channels and waterways and eventually may be deposited into waters of the United States. This chapter will improve water quality by controlling the pollutants that enter the network of storm drains throughout the City of Rancho Santa Margarita. This chapter also establishes legal authority to establish and enforce best management practices 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 Clean Water Act (33 U.S.C. § 1251 et seq.) by preventing or minimizing non-stormwater discharges to the stormwater drainage system.

(b) The Clean Water Act mandates, in part, that municipal separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-storm water 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 to the State of California, which has authorized the California 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.

(c) The San Diego Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing a National Pollutant Discharge Elimination System ("NPDES") Permit governing stormwater runoff for the County of Orange, Orange County Flood Control District, and certain of the incorporated cities of Orange County. The City of Rancho Santa Margarita is participating as a "Co-permittee" under the NPDES Permit.

(Ord. No. 10-07, § 1, 11-10-2010)

(a) The City of Rancho Santa Margarita is authorized by California Constitution Article XI, Section 7 to exercise the police power of the State to adopt regulations protecting the public health and public safety.

(b) The City of Rancho Santa Margarita has determined that a legitimate local purpose is present in complying with the provisions of the NPDES Permit.

(c) A reduction in stormwater borne pollution will promote the public health and protect the general welfare of the City by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.

(d) The land use authority exercised by the City of Rancho Santa Margarita, pursuant to Government Code Section 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land.

(e) This chapter conforms to the policies and goals of the General Plan adopted by the City of Rancho Santa Margarita, pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds located within Orange County by implementing measures to control erosion, prevent the pollution of streams and other waters, and, to the maximum extent practicable, reduce the discharge of pollutants and runoff flow from urban development.

(f) The Subdivision Map Act, Government Code Section 66410 et seq., authorizes the City of Rancho Santa Margarita to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval;

(g) California Constitution Article XI, Section 7 and Government Code Section 38660 authorize the City of Rancho Santa Margarita to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property.

(h) Government Code Section 38771 authorizes the City of Rancho Santa Margarita to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.

(i) The City of Rancho Santa Margarita may commence civil actions, pursuant to 33 U.S.C. Section 1365(a), against any person, private entity, or governmental agency acting in violation of any condition of the NPDES Permit.

(j) All industrial dischargers subject to the provisions of the State Industrial General Stormwater Permit and Construction General Permit (referred to collectively herein as the "State general permits") must comply with the lawful requirements of the City of Rancho Santa Margarita, which regulate discharges of stormwater to the storm drain system within its jurisdiction.

(k) All industrial dischargers subject to the provisions of the State general permits are required to maintain State-approved Stormwater Pollution Prevention Plans with active Waste Discharge Identification Numbers on-site and make them available to the City of Rancho Santa Margarita for inspection.

(l) All dischargers subject to the provisions of the State Construction General Permit may be required by the City of Rancho Santa Margarita, with the concurrence of the San Diego Regional Water Board, to amend any Stormwater Pollution Prevention Plan.

(m) All industrial dischargers subject to the provisions of the State Industrial General Stormwater Permit are required to maintain a description of the required monitoring program on-site and make it available to the City of Rancho Santa Margarita for inspection.

(n) The City of Rancho Santa Margarita has jurisdiction over certain stormwater facilities and other watercourses within the City of Rancho Santa Margarita, and the water discharges into these facilities may be subject to the provisions of the State Industrial General Stormwater Permit; accordingly, the City of Rancho Santa Margarita may certify (but is not required to certify) in writing that regulated dischargers have developed and implemented effective Stormwater Pollution Prevention Plans.

(o) The City of Rancho Santa Margarita has jurisdiction over certain stormwater facilities and other watercourses within the City of Rancho Santa Margarita, and these facilities may receive stormwater discharges from properties and activities regulated under the provisions of the State general permits, and the City of Rancho Santa Margarita may request that the regulated dischargers furnish information and records necessary to determine compliance with the State general permits and may, upon presentation of credentials and other documents required by law:

(1) Enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the State general permits;

(2) Access and copy, at reasonable times, any records that must be kept under the conditions of the State general permits;

(3) Inspect, at reasonable times, any facility or equipment related to or impacting stormwater discharge; and

(4) Sample or monitor for the purpose of ensuring compliance with the State general permits.

(Ord. No. 10-07, § 1, 11-10-2010)

Authorized inspector shall mean the City Engineer and persons designated and under his/her instruction and supervision, who is assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter.

Best management practices or BMPs, as defined in the DAMP, shall mean the best practical and economical measures to control the addition of pollutants to waters of the United States through the application of pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives.

City shall mean the City of Rancho Santa Margarita.

City Engineer shall mean the City Engineer of the City of Rancho Santa Margarita.

Co-permittee shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the 11 municipalities, including the City, which are responsible for compliance with the terms of the NPDES Permit.

DAMP shall mean the Orange County Drainage Area Management Plan, including the City's adopted Local Implementation Plan, as may be amended from time to time.

Development project guidance shall mean DAMP Chapter VII and the Appendix thereto, entitled Model Water Quality Management Plan, as the same may be amended from time to time.

Discharge shall mean 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.

Discharge exception shall mean the group of activities not restricted or prohibited by this chapter, including only:

(1) Discharges composed entirely of uncontaminated stormwater.

(2) Discharges authorized by current EPA or Regional Water Quality Control Board issued NPDES Permits, State general permits, or other waivers, permits, or approvals granted by government agencies with jurisdiction over such discharges.,

(3) Stormwater discharges from property for which best management practices set forth in the development project guidance and LIP are being implemented and followed.

(4) Discharges to the stormwater drainage system from:

(a) Water line flushing, not including discharges for fire suppression sprinkler system maintenance and testing discharges, and provided such discharges are in compliance with all applicable State or Regional Water Quality Control Board permits and/or other local ordinances.

(b) Emergency fire fighting activities.

(c) Diverted stream flows.

(d) Rising groundwater.

(e) Springs.

(f) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)) to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems).

(g) Discharges from potable water sources, provided such discharges are in compliance with all applicable State or Regional Water Quality Control Board permits and/or other local ordinances.

(h) Air conditioning condensation.

(i) Uncontaminated pumped groundwater, water from crawl space pumps, foundation drains, or footing drains, provided such discharges are in compliance with any applicable State or Regional Water Quality Control Board general permit for groundwater extraction or similar discharges to surface waters.

(j) Individual residential vehicle washing.

(k) Flows from riparian habitats and wetlands.

(l) De-chlorinated swimming pool discharges.

(5) Stormwater discharges for which the discharger has reduced to the maximum extent practicable the amount of pollutants in such discharge.

(6) Discharges authorized pursuant to federal or State laws or regulations.

In any administrative or legal action taken to enforce this chapter, the burden shall be on the person who is the subject of such action and claims an exception to establish that a discharge was within the scope of this discharge exception.

Enforcing Attorney shall mean the City Attorney or special counsel, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the City Attorney shall act as the Enforcing Attorney.

Environmentally sensitive areas or ESAs shall mean the Environmentally Sensitive Areas as defined in the NPDES Permit.

EPA shall mean the Environmental Protection Agency of the United States.

Hearing Officer shall mean the City Manager or his or her designee who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

Invoice for costs shall mean the actual costs and expenses of the City, including but not limited to administrative overhead, salaries, and other expenses recoverable under State law, incurred during any inspection conducted pursuant to Section 5.10.060 or where a notice of noncompliance, administrative compliance order, or other enforcement option under Section 5.01.070 is utilized to obtain compliance with this chapter.

Illicit connection shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet, or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term shall not include "legal nonconforming connections" or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

Legal nonconforming connection shall mean connections to the stormwater drainage system existing as of the adoption of this chapter that were in compliance with all federal, State, and local rules, regulations, statutes, and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No. 703.

Local Implementation Plan or LIP shall mean the City's adopted plan implementation of the NPDES Permit.

Minimum best management practices or minimum BMPs shall mean those minimum best management practices as determined at the discretion of the City Engineer or as required by the DAMP which are the minimum level of activities, practices, and procedures that can be identified as "good housekeeping" to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and United States' waters. Minimum best management practices may include but are not limited to: treatment facilities to remove pollutants from stormwater, operating and maintenance procedures, facility management practices to control runoff, spillage, or leaks of non-stormwater, waste disposal, and drainage from materials storage, erosion and sediment control practices, and the prohibition of specific activities, practices, and procedures and such other provisions as the City Engineer determines appropriate for the control of pollutants. The City Engineer may identify and may revise at any time minimum BMPs in his or her discretion.

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

Non-residential plumbing permit shall mean 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.

NPDES Permit shall mean the currently applicable municipal discharge permit issued by the Regional Water Quality Control Board, San Diego Region, which permit establishes regulations applicable to stormwater runoff in the City.

Person shall mean 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 of any of the above.

Pollutant shall mean any liquid, solid, or semi-solid substances, or combination thereof, including and not limited to:

(1) 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;

(9) Materials which contain base/neutral or acid extractible organic compounds;

(10) Those pollutants defined in 33 U.S.C. Section 1362(6); 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.

Prohibited discharge shall mean any discharge which contains any pollutant, from public or private property, to:

(1) The stormwater drainage system;

(2) Any upstream flow, which is tributary to the stormwater drainage system;

(3) Any groundwater, river, stream, creek, wash, or dry weather arroyo, wetlands area, marsh, coastal slough; or

(4) Any coastal harbor, bay, or the Pacific Ocean.

The term "prohibited discharge" shall not include discharges allowable under the discharge exception.

Significant redevelopment shall mean the rehabilitation or reconstruction of public or private residential (whether single family, multi-unit, or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a discretionary land use approval, grading permit, building permit, or non-residential plumbing permit is required.

State general permit shall mean either the Waste Discharge Requirements for Discharges of Storm Water Associated With Industrial Activities Excluding Construction Activities Permit (State industrial general stormwater permit) or the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated With Construction and Land Disturbance Activities (State construction general permit) and the terms and requirements of either or both. In the event the EPA revokes the in-lieu permitting authority of the California 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 drainage system shall mean 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 City, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

(Ord. No. 10-07, § 1, 11-10-2010)

(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.

(4) Discharge non-stormwater, including, but not limited to, runoff from irrigation activities, to the stormwater drainage system, except in compliance with this Chapter.

(b) The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:

(1) For all structural improvements to property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption of this chapter.

(2) For all nonstructural improvements to property existing for the purpose of discharge to the stormwater conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.

(c) A violation of Subsection (a) 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.

(d) If the Authorized Inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the Authorized Inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such discharge shall constitute a violation of Subsection (a).

(e) The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Subsections 5.10.070(a)(6)—(10), for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the Hearing Officer upon consideration of the following factors:

(1) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;

(2) The economic investment of the discharger in the legal nonconforming connection; and

(3) The financial effect upon the discharger of a termination of the legal nonconforming connection.

(Ord. No. 10-07, § 1, 11-10-2010; Ord. No. 18-02, § 1, 11-28-2018)

(a) New development and significant redevelopment.

(1) Applicable standards. All new development and significant redevelopment within the City shall be undertaken in accordance with:

a. The DAMP, including but not limited to the development project guidance;

b. Minimum BMPs and such additional BMPs determined by the City Engineer;

c. The NPDES Permit; and

d. Any conditions and requirements established by the City engineering department, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.

(2) Imposition of conditions. Prior to the issuance by the City of a grading permit, building permit, or non-residential plumbing permit for any new development or significant redevelopment, the City engineering department shall review the project plans and impose terms, conditions, and requirements on the project in accordance with Subsection (a)(1). If the new development or significant redevelopment will be approved without application for a grading permit, building permit, or non-residential plumbing permit, the City engineering department shall review the project plans and impose terms, conditions, and requirements on the project in accordance with Subsection (a)(1) prior to the issuance of a discretionary land use approval, or at the City's discretion, prior to recordation of a subdivision map.

(3) Single family residences. Notwithstanding the foregoing Subsections (a)(1) and (a)(2), compliance with the development project guidance shall not be required for construction of a single family detached residence unless the City engineering department 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 chapter. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.

(5) Waiver. If the City Engineer determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.

(6) Implementation of conditions. The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions, and requirements imposed pursuant to Subsections (a)(1) and (a)(2) on a new development or significant redevelopment project.

(7) Violations. Each failure by the property owner or successors or assigns, to implement and adhere to the terms, conditions, and requirements imposed pursuant to Subsections (a)(1) and (a)(2) on a new development or significant redevelopment project shall constitute a violation of this chapter.

(8) Recordation of conditions. The City Engineer may require that the terms, conditions, and requirements imposed pursuant to Subsections (a)(1) and (a)(2) be recorded with the County Recorder's office by the property owner. The signature of the property owner or any successive owner 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) All construction projects.

(1) Construction and grading permits. In addition to the requirements set forth in Subsection (a), prior to the issuance of any construction or grading permit, the authorized inspector may require, as a condition to such permit, the implementation of BMPs to ensure that the discharge of pollutants from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. Each construction site shall implement such BMPs to ensure that discharges of pollutants are reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable City ordinances and the NPDES Permit.

(2) BMP implementation. Each owner, operator, or person in charge of day to day activities of each construction and/or grading site in the City shall implement those minimum BMPs as may be designated by the City Engineer. For those construction sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within environmentally sensitive areas, such BMPs shall include such additional controls as the City Engineer may require. Failure to implement and comply with the required minimum BMPs and additional BMPs shall be a violation of this section 5.10.050, and shall be a basis for enforcement action under Section 5.10.070.

(3) Inspections. Construction and grading sites, and discharges from such sites and operations, are identified under the NPDES Permit as creating increased impacts to water quality during the rainy season. The authorized inspector is authorized to inspect each high priority construction site at least once weekly during the rainy season, during normal business hours. The Authorized Inspector may further inspect each medium/low priority construction site, at least twice during the rainy season.

(c) Minimum BMPs for existing development.

(1) Authorization to determine minimum BMPs. The City Engineer is authorized to determine minimum BMPs for existing development, including but not limited to, existing industrial and commercial sites or facilities, homeowner association activities, and residential activities.

(2) BMP implementation. Any person engaged in activities or operations, or owning facilities or property shall implement the minimum best management practices as determined by the Authorized Inspector to prevent and reduce pollutants from entering the stormwater drainage system. In addition, the owner or operator of a commercial or industrial establishment shall provide other reasonable protections from accidental prohibited discharges into the stormwater drainage system or watercourses. Facilities or measures to prevent accidental prohibited discharges shall be provided and maintained at the owner or operator's expense. Minimum best management practices required by the City shall be on file with and can be obtained from the City by requesting the BMP fact sheets for existing industrial and commercial sites or facilities, homeowner association activities, and residential activities. Failure to implement and comply with the minimum BMPs shall be a violation of this section 5.10.050, and shall be a basis for enforcement action under Section 5.10.070.

(d) 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 redevelopment projects for compliance with the DAMP and other applicable requirements. The City 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.

(e) Litter control—Public and private property.

(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) The 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.

(f) Fact sheets. The Authorized Inspector shall prepare, circulate for public comment, disseminate, and maintain guidance documents addressing the use of pollution prevention practices and minimum BMPs that are identified by the Authorized Inspector for specific activities and facilities and that also addresses the detection and abatement of illicit connections and prohibited discharges. These guidance documents may set out additional compliance alternatives that in specified circumstances, as approved by the Authorized Inspector, can provide the same environmental protection that is afforded by the minimum BMPs designated by the Authorized Inspector.

(Ord. No. 10-07, § 1, 11-10-2010)

(a) Right to inspect. Prior to commencing any inspection as herein below authorized, the Authorized Inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

(b) Entry to inspect. The Authorized 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.

(c) Compliance assessments. The Authorized Inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to:

(1) Identifying products produced, processes conducted, chemicals used, and materials stored on or contained within the property;

(2) Identifying point(s) of discharge of all wastewater, process water systems, and pollutants;

(3) Investigating the natural slope at the location, including drainage patterns and man-made conveyance systems;

(4) Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system;

(5) Locating any illicit connection or the source of prohibited discharge; and

(6) Investigating the condition of any legal nonconforming connection.

(d) Portable equipment. For purposes of verifying compliance with this chapter, the Authorized Inspector may inspect any vehicle, truck, trailer, tank truck, or other mobile equipment.

(e) Records review. The Authorized 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, 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, a legal nonconforming connection, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

(f) Sample and test. The Authorized 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 Authorized Inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection, or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Authorized Inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(g) Monitoring. The Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.

(h) Test results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the Authorized Inspector.

(Ord. No. 10-07, § 1, 11-10-2010)

(a) Administrative remedies.

(1) Notice of noncompliance. The Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with Subsection (a)(5).

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 noncompliance 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 Authorized Inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.

(2) Administrative compliance orders.

a. The Authorized Inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with Subsection (a)(5). The administrative compliance order may be issued to:

1. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;

2. The property owner subject to terms, conditions, or requirements imposed on a project in accordance with Subsection 5.10.050(a)(1) to ensure adherence to those terms, conditions, and requirements.

3. A permittee subject to the requirements of any permit issued pursuant to Article 6 of the County of Orange Ordinance No. 3987 or the Regional Water Quality Control Board to ensure compliance with the terms, conditions, and requirements of the permit.

4. Any person responsible for an illicit connection or prohibited discharge.

b. The administrative compliance order may include the following terms and requirements:

1. Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited 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 stormwater runoff;

4. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, State of California, or regional agency;

5. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions, and requirements of any permit issued pursuant hereto.

(3) Cease and desist orders.

a. The Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Subsection (a)(5). A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to:

1. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;

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

3. Immediately discontinue any other violation of this chapter;

4. Clean up the area affected by the violation.

(4) Recovery of costs. The Authorized 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 or administrative order, an invoice for costs. An invoice for costs shall be delivered in accordance with Subsection (a)(5). An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order.

a. 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 Subsection (a)(6), then the Enforcing Attorney may institute collection proceedings.

(5) Delivery of notice. Any notice of noncompliance, administrative compliance order, cease and desist order, or invoice of 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 Subsections (a)(6)—(10).

b. Delivery shall be deemed complete upon:

1. Personal service to the recipient;

2. Deposit in the U.S. mail, postage pre-paid for first class delivery; or

3. Facsimile service with confirmation of receipt.

c. Where the recipient of notice is the property owner, 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 City records.

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

(6) Administrative hearing for notices of noncompliance, administrative compliance orders, invoices for costs, and adverse determinations. Except as set forth in Subsection (a)(8), any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.

(7) Request for administrative hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or an adverse determination shall, within 30 days of receipt thereof, may file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the Authorized Inspector and the City Attorney. Thereafter, a hearing on the matter shall be held before the Hearing Officer within 45 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.

(8) Administrative hearing for cease and desist orders and emergency abatement actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.

(9) Hearing proceedings. The Authorized Inspector shall appear in support of the notice, order, determination, invoice for costs, or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.

(10) Final decision and appeal. The final decision of the Hearing Officer shall issue within ten 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 commence within 90 days following issuance of the final decision. Notwithstanding this subsection, the final decision of the Hearing Officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.

(11) City abatement. In the event the property owner, the facility operator, 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 Authorized 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 Subsection (b)(4).

(12) In addition to the administrative remedies described in Subsections (a)(1)—(11), any person violating any provision of this chapter may be issued an administrative citation in accordance with Chapter 1.05 of this Code. The appeal and administrative hearing provisions set forth in Chapter 1.05, rather than the appeal and administrative hearing provisions set forth in this chapter 5.10, shall apply to any administrative citation issued for a violation of this chapter.

(b) Nuisance. Any condition in violation of the prohibitions of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety, and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771.

(1) Court order to enjoin or abatement. At the request of the City Manager, City Engineer, or the Authorized Inspector, the Enforcing Attorney may seek a court order to enjoin and/or abate the nuisance.

(2) Notice to owner and occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Authorized Inspector shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.

(3) Emergency abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Authorized Inspector 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, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

a. 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.

b. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to Subsection (a)(8) hereinabove shall follow the abatement action.

(4) 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.

(5) 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 Section 38773.1. 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. At the discretion of the Authorized Inspector, 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 sanctions.

(1) Prosecutor. The Enforcing Attorney may act on the request of the Authorized Inspector to pursue enforcement actions in accordance with the provisions of this chapter.

(2) Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the Enforcing Attorney, with an infraction 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.

(3) Misdemeanors. 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.

(d) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, or a cease and desist order, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

(e) 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 Authorized Inspector or Enforcing Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

(f) Citations.

(1) Pursuant to Penal Code Section 836.5, the Authorized 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 Authorized 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 ten 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.

(g) Violations of other laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the California 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 33 U.S.C. Section 1365(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the San Diego Regional Water Quality Control Board, or any other appropriate State or local agency, of any alleged violation of this chapter.

(h) Injunctions.

(1) At the request of the Authorized Inspector, 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.

(2) 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.

(i) Other civil remedies.

(1) The Authorized Inspector may cause the Enforcing Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of: (1) all costs incurred in enforcement of the 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; (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (3) damages for irreparable harm to the environment.

(2) The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this chapter where the same has caused damage, contamination, or harm to the environment, public property, or the stormwater drainage system.

(3) 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.

(j) Other compensatory action. In settlement of enforcement proceedings, penalties, and remedies authorized by this chapter, the Authorized Inspector or City Attorney may, at his or her discretion, impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other program identified by the City.

(Ord. No. 10-07, § 1, 11-10-2010)

(a) The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) are met.

(b) 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. No. 10-07, § 1, 11-10-2010)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Rancho Santa Margarita hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 10-07, § 1, 11-10-2010)