San Joaquin County Municipal Code Ch. 4 Inspection and Enforcement

For the purpose of verifying compliance with this section, the Director and/or the Director's designated representative may use samples collected from any trench, sump, pipe or other device which directs or conveys storm water to the County storm drainage system. The above samples may be collected at the source of discharge prior to the dilution with any other streams.

Whenever necessary to make an inspection to enforce any of the provisions of this division, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this division, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that (I) if such building or premises be occupied, he or she shall first present proper credentials and obtain consent to enter; and (II) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. When requesting consent to enter a building or premises pursuant to this section, the enforcement officer shall inform the property owner or occupant that he or she has the right to refuse entry and that in the event such entry is refused, issuance of an inspection warrant by a duly authorized magistrate may be sought. If the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this division, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.

Inspectors may, in the course of their inspection, photograph any condition on the premises thought by the inspector to possibly constitute a violation of this chapter or any local, State, or Federal law and any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation.

Upon the written request of the Environmental Protection Agency or State or local government agencies charged with regulatory jurisdiction, all photographs taken in accordance with this chapter shall be made available to such agencies consistent with applicable law. Such photographs may also be made available to the public or other nongovernmental agencies unless the user specifically requests and is able to demonstrate to the satisfaction of the County that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.

With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

Any authorized enforcement officer may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may deem reasonably necessary to comply with the purpose and intent of this chapter. The burden, including costs, of these activities, analyses and reports, incurred in complying with said request shall be borne by the property owner or operator of the facility or activity for which testing and monitoring has been requested.

(Ord. 3966 § 1 (part), 1998)

Violation of any provision of this division may also violate provisions of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts.

(Ord. 3966 § 1 (part), 1998)

If any person discharges pollutants into the County storm drainage system contrary to the provisions of this chapter, Federal or State pretreatment standards or requirements, or any order of the County or any other local governmental agency having regulatory jurisdiction, or otherwise commits any violation contrary to any of the provisions of this chapter, the County may commence an action for appropriate legal, equitable, or injunctive relief.

(Ord. 3966 § 1 (part), 1998)

In addition to any other remedies provided in this chapter, any violation of the provisions of this chapter may be enforced by civil action brought by the County. In any such action, the County may seek any or all of the following remedies:

(a) Injunctive relief;

(b) Assessment against the violator for the costs of any investigation, inspection, or monitoring survey which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting the legal action as a result of violations of this chapter;

(c) Recovery for costs incurred in removing, correcting, terminating, or preventing adverse effects resulting or likely to result from the violation;

(d) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life; and/or

(e) Such other relief as the court may authorize.

Assessments under this subsection shall be paid to the County to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 3966 § 1 (part), 1998)

Any person who violates any provision of this chapter, who discharges or causes pollution, or who violates any cease and desist order, State or national law or regulation, or any other order of the Director shall be civilly liable to the County in a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation per day. In addition, the County may require the user to pay any excess costs to the County for supplementary treatment systems, facilities, or operations needed as a result of allowing the entry of such discharges into the storm water system.

The County may petition the Superior Court of San Joaquin County to impose, assess and collect any sums levied pursuant to this chapter and Sections 54725, 54739 and 54740, et seq. of the California Government Code.

Notwithstanding any other provision of law, all civil penalties imposed by the court pursuant to this paragraph shall be distributed to the County. Remedies imposed pursuant to this section are in addition to and do not supersede or limit any and all other administrative, civil, or criminal remedies available at law.

(Ord. 3966 § 1 (part), 1998)

It shall be unlawful for any person or entity to intentionally or negligently fail to comply with or violate any provisions of this chapter or any State or Federal regulation regulating storm water discharge requirements or standards issued pursuant to this chapter or by the State, Federal, or other local governmental agency having jurisdictional authority with regard to storm water discharges.

Unless otherwise specified by this chapter, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the County, be charged and prosecuted as an infraction.

(Ord. 3966 § 1 (part), 1998)

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, in accordance with the provisions of California Penal Code Section 19.

Upon conviction of an infraction, a person shall be subject to payment of a fine in accordance with the provisions of California Government Code Section 25132.

(Ord. 3966 § 1 (part), 1998)

A person, firm, corporation, or organization may be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable accordingly as herein provided.

(Ord. 3966 § 1 (part), 1998)

It shall be unlawful to conceal a violation of this chapter. Any person who causes, permits, aids, or abets the occurrence of a violation of any provision of this chapter shall be deemed to have committed the violation of concealment proscribed under this section. A violation of this section shall constitute a misdemeanor.

(Ord. 3966 § 1 (part), 1998)

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby deemed a threat to the public health, safety and welfare, and is hereby declared to be a public nuisance, and may be abated and/or restored by the County initiating a civil action in a court of competent jurisdiction and obtaining a court order authorizing the County to abate, enjoin, or otherwise compel the cessation of such nuisance.

Where a court order authorizing the County to abate the public nuisance has been issued and the County incurs costs in carrying out such abatement, the cost of such abatement shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien may be placed upon and against the property.

If the County prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the County shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable costs may include, but are not limited to, the costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings or costs of suit and reasonable attorney fees.

(Ord. 3966 § 1 (part), 1998)

It is the intent of the Board of Supervisors that the immunities prescribed in Section 836.5 of the Penal Code which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by said public officers or other County employees in discharging their duties in accordance with this chapter.

(Ord. 3966 § 1 (part), 1998)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies:

(a) Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge or the practices or operations likely to cause such discharge and may direct that person(s) responsible for such discharge, practices, or operations (I) comply with the requirement, (II) comply with a time schedule for compliance and (III) take appropriate remedial or preventive action to prevent the violation from recurring.

(b) Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the County storm drainage system or a non-storm water discharge to the County storm drainage system, he or she may give written notice to the owner, operator, or other person having legal responsibility for the premises or facility to remove such oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or other material. The enforcement officer shall specify in said notice the time allotted for compliance and the recipient of such notice shall undertake the activities necessary to abate said condition within the period of time specified.

In the event the owner or operator of a facility fails to conduct the required activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien may be placed upon and against the property.

(Ord. 3966 § 1 (part), 1998)

Any person, firm, corporation, or organization affected by a decision, action, or determination, including suspension, revocation, refusal, termination, or cease and desist orders, issued by the Director, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Director a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration in accordance with the provision of Section 5-10317.

Any person aggrieved by the action of the Director may appeal said decision in accordance with the procedures set forth in Section 5-10317.

(Ord. 3966 § 1 (part), 1998)

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of County decisions pursuant to this chapter.

(Ord. 3966 § 1 (part), 1998)

The Director may order the abatement of any discharge from any source to the County storm drainage system when, in the opinion of the Director or the Director's designated representative, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, welfare, or the environment or a violation of the County's NPDES Permit or the Ordinance Code of San Joaquin County.

Said situation shall be abated by service of a notice and order to abate upon the person responsible for said discharge or the owner of said building or property. Said notice and order shall set forth the time period for abatement of the conditions and it shall be unlawful for any person so notified to fail to obey or correct such conditions within the time period specified in the order.

If said situation is not abated within the specified time period, the County may perform or cause to be performed such work as shall be necessary to attain proper abatement. In emergency situations, where the property owner or occupant is unavailable and time constraints are such that service of a notice and order to abate cannot be affected without presenting an immediate danger to the public health or safety, the County may perform or cause to be performed such work as shall be necessary to abate the threat of danger to the public.

Any cost incurred by the County incidental to such work shall be an assessment upon the property or premises affected and shall be collected on the tax rolls in the same manner, by the same person, and at the same time, together with or not separate, from the general taxes.

Any person alleging to have been aggrieved by any emergency action taken by the County pursuant to this section may appeal the propriety of the County's action by filing a written notice of appeal with the Director within ten (10) days of the emergency abatement.

(Ord. 3966 § 1 (part), 1998)

An action pursuant to this chapter may be appealed in accordance with the provisions of this section. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action. If the end of the appeal period falls on a non-business day, the appeal period shall be extended to include the next business day.

Unless otherwise specified by law, decisions made by any authorized representative of the Director may be appealed to the Director. Decisions of the Director may be appealed to the Board of Supervisors.

The appeal shall include, at a minimum, the following:

(a) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and

(b) A fee, as specified by resolution of the Board of Supervisors.

The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and confirm, reverse or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.

(Ord. 3966 § 1 (part), 1998)

The Director of Public Works or the Director's designated representative may respond to violations of this chapter through development of an Enforcement Response Plan and place it on file with the Department of Public Works.

(Ord. 3966 § 1 (part), 1998)

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

(Ord. 3966 § 1 (part), 1998)

The degree of protection required by this division is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this division does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This division shall not create liability on the part of the County or any officer or employee thereof for any damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Ord. 3966 § 1 (part), 1998)