San Mateo Municipal Code Ch. 7.39 Stormwater Management and Discharge Control

This chapter shall be known as the "City of San Mateo Stormwater Management and Discharge Control Ordinance" and may be so cited.

The purpose of this chapter is to ensure the future health, safety, and general welfare of City of San Mateo citizens by:

(a) Eliminating non-stormwater discharges to the municipal separate storm drain.

(b) Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater.

(c) Reducing pollutants in stormwater discharges to the maximum extent practicable.

The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms and other terms presently are defined as follows:

(a) "Authorized enforcement official" means the City Manager or designees that is/are authorized to enforce the provisions of this chapter.

(b) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(c) "City" means the City of San Mateo.

(d) "City storm drain system" means and includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

(e) "Discharge" means: (1) any addition of any pollutant to the City storm drain system, including creeks, ditches, culverts and gutters, from any point source; or (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(f) "Illicit discharge" means any discharge to the City storm drain system, including creeks, ditches, culverts and gutters, that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities.

(g) "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater except those noted within an NPDES permit and this chapter.

(h) "Person" means any individual, partnership, firm, association, or public agency.

(i) "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. A pollutant shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this ordinance.

(j) "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(k) "Storm water" or "stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

(l) "Stormwater treatment facility" means a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants, including, but not limited to, the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters, and proprietary stormwater treatment devices.

(m) "Type I Project" means small projects such as driveway approaches, sidewalk replacement, and under sidewalk drains. These will be covered under the encroachment permit process. Encroachment permit fees will be increased to account for administration and inspection costs, rather than developing a separate fee schedule for these projects.

(n) "Type II Project" means medium projects reviewed through the building permit process that do not require a planning application. Similar to the construction and demolition permit, the Building Department will direct applicants to the Public Works Department to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(o) "Type III Project" means medium projects that will require a planning application. A condition of approval will require applicants to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(p) "Type IV Project" means large project sites, one (1) acre or greater. These projects are required to obtain a general permit that is issued by the State Water Resources Control Board. The City is responsible for the contractor's compliance with this permit. A condition of approval will require applicants to have a stormwater pollution prevention permit issued.

(q) "Watercourse" means a natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

The City Manager and designees shall administer this chapter for the City.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or re-issuance thereof.

If any portion of this chapter is declared invalid, the remaining portions of this chapter are to be considered valid.

(a) It is the intent of this chapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this chapter to prohibit all economically viable use of any private lands, nor to result in a confiscatory impact. Accordingly, the purpose of this section is to provide for an administrative procedure for a waiver or modification of a particular provision of this chapter in the event the strict application of this chapter would result in the denial of all economically viable use of real property.

(b) An applicant for a waiver of a provision of this chapter shall file a Waiver Application with the Director of Public Works on a form provided by the Director identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the Director to determine whether application of the provision in question will prohibit any economically viable use of the land in question or otherwise have an impermissible confiscatory result.

(c) The Director may approve, deny, or conditionally approve a waiver application upon making all of the following written findings:

(1) That the strict application of the provision for which a waiver or modification is sought would result in the denial of all economically viable use of the real property in question;

(2) To the maximum extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this chapter as closely as possible while still allowing economically viable use of the real property in question;

(3) Approval of such a waiver will not result in a public nuisance that would constitute a significant and direct threat to public health or safety.

The City may adopt reasonable fees to recover the cost of setting up and operating a stormwater pollution prevention program. Such fees shall be imposed by resolution adopting the annual Comprehensive Fee Schedule of the City of San Mateo. Fees and charges may include permit application and processing fees, monitoring and inspection, compliance actions, fees for filing appeals, and other charges deemed necessary to carry out the requirements carried out herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties charged by the City.

(a) The discharge of non-stormwater discharges to the City storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge (other than NPDES Permit No. CA0029921).

(b) The following discharges are exempt from the prohibition set forth in this section:

(1) The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

(2) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on discharges.

Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is filed in the Office of the City Clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge, including attorneys' fees.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system. This prohibition applies to connections made in the past, regardless of whether made under a permit or whether permissible under the law or practices applicable or prevailing at the time of the connection.

Any person engaged in activities, which will or may result in pollutants entering the City storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

(a) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City of San Mateo in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Debris from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City.

(b) Standards for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system.

(c) Best Management Practices for New Developments and Redevelopments. Any construction contractor performing work in the City shall endeavor, to provide filter materials at the catch basin to retain any debris and dirt flowing in to the City's storm drain system. The Director of Public Works may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

(d) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by the City for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements (as may be identified by the Director of Public Works).

(a) Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(b) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Director of Public Works:

(1) Discharge into or connect any pipe or channel to a watercourse;

(2) Modify the natural flow of water in a watercourse;

(3) Carry out development within 30 feet of the center line of any creek or 20 feet of the top of a bank;

(4) Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

(5) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

(6) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official 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 chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform or have performed by others any duty imposed upon the official by this chapter; provided that: (1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (2) 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.

(b) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

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

(d) The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the City storm drain system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the City of the occurrence by telephoning the Director of Public Works and confirming the notification by correspondence to the Director of Public Works.

Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

(a) No construction project as defined under Section 7.39.030, Definitions, conducted in or out of the public right-of-way that involves a land disturbance activity and that requires a site development planning application shall be approved without first obtaining a Stormwater Pollution Prevention Program construction (SWPPC) permit from the Director of Public Works.

(b) The Director of Public Works may require that a SWPPC permit be required for construction work involving a land disturbance activity that does not require a site development planning application, as may be necessary to carry out the purposes of this chapter.

(a) Applicants for a SWPPC permit shall complete and submit an application to conduct the work. The Director of Public Works shall establish the contents of said form and may require additional information as may be needed to evaluate the permit application.

(b) The application shall require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit, and shall include a statement certifying the accuracy and completeness of the information provided. Unsigned applications will not be accepted.

(c) If project requires construction of a stormwater treatment facility, applicant shall enter into a maintenance agreement with the City and shall also issue a performance bond to the City as part of the permit application. The amount of the performance bond shall be as determined by the City and may include, but is not limited to, costs for the following:

(1) Facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated.

(2) Emergency maintenance needed to protect public health or watercourses.

(3) Routine maintenance for which the City has accepted responsibility.

(4) Contaminant remediation in the event of a spill or pollutant release from the facility.

(5) Monitoring necessary to evaluate the facility's performance or if any contaminants are present.

(6) Follow up inspections in the event of a spill, pollutant release or device failure.

(d) The completed application shall be submitted not less than 30 days in advance of commencing work, along with a fee in an amount and form as shall be set by resolution of the City Council.

(e) The application shall be approved if the applicant has furnished all requested information; applicant has complied with all other applicable City ordinances and State and Federal regulations; and the Director of Public Works determines that proposed control measures for stormwater pollution prevention are sufficient to assure compliance with this chapter.

(f) The permit shall be granted upon receipt of an approved application, and cash deposit in an amount and form as shall be set by resolution of the City Council.

(g) The cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of the contractual obligation assumed in accepting the permit and will construct or otherwise implement all best management practices for stormwater pollution prevention that permit requires, to the satisfaction of the Director of Public Works, and that said person will bear the cost of all cleanup required for illicit discharges to the storm drain system, and placement and subsequent removal of temporary construction and erosion control measures as may be required to assure compliance with the provisions of this chapter.

(h) On the completion of work and any required cleanup and restoration thereof to the satisfaction of the Director of Public Works upon inspection, at the request of the permittee, the balance of any cash deposit remaining shall be returned to the person making the deposit. Such release or return of the cash deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit. Where latent or concealed defects are discovered after the permittee has had his or her cash deposit returned, the Director of Public Works shall notify the permittee of this discovery, who shall, within three (3) days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.

(i) Upon the failure or neglect of the permittee to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit, within three (3) days after being notified to do so by the Director of Public Works, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Director of Public Works to install and/or maintain stormwater pollution prevention control measures, or cause to be removed dirt, debris or materials, or to complete such restoration upon the completion of the proposed work, as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Director of Public Works shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.

(a) The Director of Public Works may issue such permits, permitted by this chapter, with such modification as he or she may deem advisable, or deny such applications for permits, or suspend or revoke an issued permit as set forth in this chapter.

(b) A permittee notified of the intent of the Director of Public Work to modify, suspend, or revoke the permit shall immediately comply with directives of the Director of Public Works or cease and desist the activity in noncompliance with the permit pending any hearing that the user may request as set forth in this chapter.

(c) The Director of Public Works shall reissue or reinstate a permit upon proof of satisfactory ability to comply with all permit terms, conditions, and requirements, and upon payment of any costs, fines, or penalties which may be assessed. The Director of Public Works may require the permittee to develop and implement a compliance schedule to ensure attainment of prompt and full compliance of permit terms, conditions, and requirements.

(a) Any person affected by any decision, action or determination, including administrative remedies, made in interpreting or implementing the provisions of this chapter may appeal therefore to the City of San Mateo Public Works Commission.

(b) The appeal must be filed with the Public Works Department, in writing, including any required fees, within 10 days after such action. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. If an appeal is not filed within such period, applicant shall be barred for a period of six (6) months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto.

(c) At the hearing, the Commission shall receive all evidence offered by applicant and the City, and may hear other evidence with reference thereto, and may continue such hearing from time to time.

(d) At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the Commission may sustain the appeal and in its decision grant any remedy or relief sought by the appellant, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. The decision of the Commission may be appealed to the City Council by any interested person by filing an application with the City Clerk's office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final and conclusive.

(a) The Director may require that permanent stormwater treatment facilities be designed into projects. Stormwater treatment facilities shall be designed to minimize the need for maintenance. All designs shall be approved by the Director of Public Works and must be in accordance with all applicable City standards or requirements.

(b) The treatment facility must control the discharge of pollutants and/or peak runoff rates to the performance standards designated by the City.

(a) A facility owner can be: (1) the owner of the property on which the facility is installed; (2) a homeowners or property owners association; (3) the City. The ownership of a treatment facility must be recorded with the property deed of trust.

(b) The property owner must show adequate proof to the City that they will be able to adequately finance routine maintenance and repairs to a level approved by the Director of Public Works.

(c) The ownership of the treatment facility and any necessary easements may be granted to the City, but only with the written consent and approval of the City.

(a) Responsibility and repair of all stormwater treatment facilities shall be the responsibility of the facility owner. The facility owner may transfer maintenance responsibility to the City, but only with the written consent of the City. The facility owner shall remain liable for any spill or contaminant release or facility replacement or repair.

(b) All treatment facilities shall be maintained according to the requirements outlined by the City and documented in an operating permit or maintenance agreement. The facility owner shall provide the City with proof of maintenance in an annual report. The City has the right to mandate a maintenance schedule for the treatment facility as outlined in the operating permit or maintenance agreement.

(c) A notification that the property owner comply with all City stormwater pollution prevention program requirements shall be recorded with the property deed of trust.

(d) If maintenance is provided by a third party (other than the facility owner or the City), the facility owner shall provide City with a copy of the agreement with the third party vendor. The facility owner is still required to comply with a stormwater program operating permit or a maintenance agreement with the City and issue the City a performance bond. The facility owner shall still be held liable for any spill or contaminant release even if the event was caused due to negligence on behalf of the third party.

(a) No property that is required to install, operate, and maintain stormwater treatment facilities, or maintain parking lots, storm drain inlets, or other facilities for stormwater pollution prevention as specified in project conditions, shall be approved without first obtaining a Stormwater Management (SWM) permit from the Director of Public Works.

(b) A SWM permit shall conform to the same procedures as for the stormwater pollution prevention construction permit except for the following: Stormwater treatment facilities presently in operation are subject to the requirements of this section.

It is unlawful for any person to alter any City storm drain line, pump, or other fixture without the written permission of the Director of Public Works.

(a) It is unlawful to discharge any domestic waste or industrial waste into storm drains, gutters, creeks, or San Francisco Bay. Unlawful discharges to storm drains shall include, but not be limited to, discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; vehicle cleaning; construction activities, including, but not limited to, painting, paving, concrete placement, sawcutting and grading; swimming pools; spas; and fountains, unless specifically permitted by a discharge permit or unless exempted pursuant to guidelines published by the Director of Public Works.

(b) It is unlawful to cause hazardous materials, domestic waste or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.

(c) Interior floor drains shall not be connected to storm drains.

(d) Exterior drains located in the following areas shall not be connected to storm drains:

(1) Equipment or vehicle washing areas;

(2) Areas where equipment fluids are routinely changed;

(3) Areas where hazardous materials, chemicals or other uncontained materials that are easily transported by wind or water are stored and are not secondarily contained; or

(4) Loading dock areas, except that loading dock drains to the storm drain system may be allowed if a valve or equivalent device is provided, which remains closed except when it is raining. Secondary containment shall be provided for any rooftop equipment, tanks or pipes containing other than potable water, cooling water, heating system hot water, steam, water condensate or equivalent substances, which the superintendent determines will otherwise cause a probable discharge to the storm drain system.

(a) Failure to comply with terms, conditions, or requirements of a stormwater pollution prevention permit, stormwater treatment facilities permit or maintenance agreement, compliance directive or other written notice, including, but not limited to, discharge standards, monitoring requirements, or reporting requirements, shall constitute noncompliance with this chapter.

(b) The omission to act by the Director of Public Works and/or the failure of the Director of Public Works to take cognizance of the nature of the operation of the user and/or the properties of the user's discharge shall not relieve the user of the responsibility to comply with the provisions of this chapter. It is the responsibility of the user to make determinations as to the nature of its operation and waste discharge characteristics and to take such actions as may be required under this chapter prior to any discharge into any sanitary sewer system, whether or not the user has been informed by the Director of the requirements which may apply to the user regarding its discharge.

(c) Liability for damages as a result of any discharges in violation of this chapter shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharges.

Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of these actions against a person, as well as any other enforcement remedies which the City may have available.

(a) Notice of Violation. Whenever an authorized enforcement official 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 storm drain system, the official may serve a notice that enumerates the violations found, and order compliance by a date certain.

(b) Administrative Compliance Order. Whenever an authorized enforcement official finds that a discharge to the storm drainage system is taking place or threatening to take place in violation any provision of this chapter or a permit or order issued hereunder, an authorized enforcement official may require the person to submit for approval of the authorized enforcement official, with such modifications as the authorized enforcement official deems necessary, a detailed compliance schedule that the person shall take in order to correct said violation(s), or prevent future recurrences of said violation(s). A compliance order does not relieve the person of liability for any violation, including any continuing violation.

(c) Cease and Desist Order. Whenever an authorized enforcement official finds that a discharge to the storm drainage system is taking place or threatening to take place in violation of this chapter or any permit or order issued hereunder, or that the person's past violations are likely to recur, an authorized enforcement official may issue an order to cease and desist and direct that the person in violation immediately comply with all requirements, and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(d) Administrative Civil Penalties. The City may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the City.

(a) 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 a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

(b) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(c) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

Any person who has violated or continues to violate the provisions of this chapter or any order or permit issued hereunder, shall be subject to the imposition of civil penalties pursuant to Chapter 1.11 of this Code.

A person who intentionally or negligently makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, or who willfully or negligently introduces any substance into the storm drain system which causes personal injury or property damage shall be guilty of a public offense. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

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

The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable.