Santa Paula Municipal Code Ch. 54 Stormwater Quality Management

Section

General Provisions

Prohibition of Non-Stormwater Discharges and Illicit Connections

Reduction of Pollutants in Stormwater and Requirements for the Control of Urban Runoff

Permits, Inspections and Enforcement

GENERAL PROVISIONS

The purpose of the Stormwater Quality Management Ordinance is to prescribe regulations as mandated by the Federal Water Pollution Control Act (referred to as the Clean Water Act), 33 U.S.C. §§ 1251 et seq., as amended, and the California Water Code, to effectively prohibit non-stormwater discharges into the storm drain system, flood control channels, and debris and detention basins, and to reduce the discharge of pollutants in stormwater to the maximum extent practicable. Stormwater runoff is one step in the natural cycle of water. However, human activities, such as construction and the operation and maintenance of an urban infrastructure, may result in undesirable discharges of pollutants, which may accumulate in local drainage channels and eventually may be deposited in the waters of the United States. The intent of this chapter is to ensure the health, safety, and general welfare of citizens and protect and enhance water quality by controlling the contribution of urban pollutants to runoff which enter the storm drain system and watercourses of the city of Santa Paula.

(Ord. 1022, passed 11-16-98)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this article. Words and phrases not ascribed a meaning by this article shall have the meanings as defined in the NPDES Permit, if defined therein, and if not, to the meanings ascribed by the regulations complementing the National Pollutant Discharge Elimination System, Clean Water Act § 402, and Division 7 of the California Water Code, as they may be amended from time to time.

AUTHORIZED INSPECTOR. The Public Works Director, and persons designated by and under the Director's instruction and supervision, who are assigned to investigate compliance and detect violation of this chapter.

BASIN PLAN. The Water Quality Control Plan for the Santa Clara River Basin as adopted by the State Water Resources Control Board on June 3, 1991, as the same may be amended from time to time.

BEST MANAGEMENT PRACTICES. Activities, practices, and procedures to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the storm drain system. BEST MANAGEMENT PRACTICES include, but are not limited to: public education and outreach, planning of development projects, treatment facilities to remove pollutants from stormwater; operation and maintenance procedures; and the prohibition of specific activities, practices, and procedures.

CITY DISCHARGE PERMIT. An authorization, license or equivalent control document issued by the city for a non-stormwater discharge that is not prohibited by the NPDES Permit (see Stormwater Quality Management Ordinance Article 2) or any other applicable order of the Regional Board, State Water Resources Control Board or the EPA.

CO-PERMITTEE. Any of the following public entities: the Ventura County Flood Control District (VCFCD), the County of Ventura, or the City of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, or Thousand Oaks, which are responsible for compliance with the terms of the National Pollutant Discharge Elimination System (NPDES) Permit.

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

DIRECTOR. The Public Works Director of the city and persons designated by and under the Director's instruction and supervision.

DISCHARGE. Any release, spill, leak, pump, flow, escape, leaching (including subsurface migration to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

DISCHARGE PERMIT. An authorization, license or equivalent control document issued by the EPA, the State Water Resources Control Board or the Regional Board, and includes NPDES general permits; the NPDES Permit; and any permits issued by the city pursuant to this chapter.

DISCHARGER. Any person causing a discharge.

EPA. The Environmental Protection Agency of the United States of America.

ILLICIT CONNECTION. Any man-made conveyance or drainage system pipeline, conduit, inlet or outlet, or condition of property whether on the surface or subsurface through which the discharge of any pollutant to the storm drain system occurs or may occur. The term ILLICIT CONNECTION shall not include connections to the storm drain system that are authorized by a co-permittee with jurisdiction over the system at the location at which the connection is made.

ILLICIT DISCHARGE. Any discharge to the storm drain system or an upstream flow, which is tributary to the storm drain system that is not composed entirely of stormwater except discharges pursuant to a discharge permit and discharges that are exempt in accordance with any applicable order of the Regional Board. The term ILLICIT DISCHARGE shall not include the following types of non-stormwater discharges, unless the Regional Board determines that these discharges cause specific receiving water limitation violations:

(1) Dechlorinated water line flushing;

(2) Landscape irrigation;

(3) Diverted stream flows;

(4) Rising ground waters;

(5) Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005 (20)] to separate storm sewers;

(6) Uncontaminated pumped ground water;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air conditioning condensation;

(10) Irrigation water;

(11) Natural springs;

(12) Water from crawl space pumps;

(13) Footing drains;

(14) Lawn watering;

(15) Individual residential car washing;

(16) Flows from riparian habitats and wetlands;

(17) Dechlorinated swimming pool discharges;

(18) Discharges or flows from emergency fire fighting activities;

(19) Other types of discharge identified and recommended in annual reports by the co-permittees, as approved by the Executive Officer of the Regional Board.

INVOICE FOR COSTS. 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 or investigation conducted pursuant to this chapter, where a Notice of Violation, Administrative Compliance Order or other enforcement option this chapter is utilized to obtain compliance with this chapter.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. The municipal discharge permit(s) issued by the Regional Board and entitled Waste Discharge Requirements for Stormwater Management/Urban Runoff Discharges for VCFCD, County of Ventura, and the cities of Ventura County, Order No. 94-082, NPDES Permit No. CAS 063339, as may be amended from time to time.

OCEANPLAN. The Water Quality Control Plan for Ocean Waters of California as adopted by the State Water Resources Control Board on March 22, 1990, as the same may be amended from time to time.

PERSON. Any individual, firm, association, 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. Any liquid, solid or semi-solid substances, or combination thereof, including but not limited to:

(1) Artificial materials, chips or pieces including, but not limited to, floatable plastics, wood chips or metal shavings.

(2) Household waste including, but not limited to, trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment.

(3) Metals including, but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium and non-metals including, but not limited to, phosphorus and arsenic.

(4) Petroleum hydrocarbons including, but not limited to, fuels, lubricants, hydraulic fluids, surfactants, waste oils, solvents, coolants and grease.

(5) Soil, sediment and particulate materials.

(6) Animal waste including, but not limited to, discharge from confinement facilities, kennels, pens, recreational facilities, stables, show facilities, and polo fields.

(7) Substances having characteristics such as a pH less than 6.5 or greater than 8.5 or unusual coloration, or turbidity, or containing fecal coliform, fecal streptococcus, enterococcus, or other pathogens.

(8) Waste materials and wastewater generated on construction sites and by construction activities including, but not limited to, painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; 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 cutting slurry wastes, and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical decreasing or diluting agents; and super chlorinated water generated by potable water line flushing.

(9) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.

(10) Materials which contain base/neutral or acid extractable organic compounds.

(11) Pollutants as defined in § 502 (6) of the Clean Water Act, 33 U.S.C. 1362 (6) or incorporated into California Water Code § 13373.

RECEIVING WATER LIMITATIONS. The following conditions, such conditions which are not allowed to create a condition of nuisance or to adversely affect beneficial uses of waters of the State: Floating, suspended, or deposited macroscopic particulate matter, or foam; bottom deposits or aquatic growths; alteration of temperature, turbidity, or apparent color beyond present natural background levels; visible, floating, suspended or deposited oil or other products of petroleum origin; or toxic or deleterious substances to be present in concentrations or quantities which will cause deleterious effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concentration; or any other discharge which causes a violation of any applicable water quality objective for receiving waters contained in the Ocean Plan or the Basin Plan or any other applicable water quality objectives adopted by the Regional Board.

REGIONAL BOARD. The California Regional Water Quality Control Board, Los Angeles Region.

RESPONSIBLE PARTY. The person(s) identified in and responsible for compliance with the provisions of a Storm Water Pollution Prevention Plan, Stormwater Pollution Control Plan, or Stormwater Quality Master Plan.

STATE GENERAL PERMIT. A permit issued by the State Water Resources Control Board or the Regional Board pursuant to CFR §§ 122 and 123 to regulate a category of point sources. The term STATE GENERAL PERMIT includes but is not limited to the General Permit for Stormwater Discharges Associated with Construction Activity and the General Industrial Activities Stormwater Permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered stormwater control program for industrial, construction, and any other category of activities.

STORMWATER. Any surface flow, runoff, and/or drainage associated with rain storm events and/or snow melt.

STORM WATER. "Stormwater".

STORM DRAIN SYSTEM. A conveyance or system of conveyances including streets, gutters, channels, natural or artificial drains, lined diversion structures, wash areas, inlets, outlets or other facilities, which is a part of a tributary to a watercourse and used for the purpose of collecting, storing, conveying, or disposing of stormwater to waters of the United States as defined at 40 CFR § 122.2.

STORMWATER POLLUTION CONTROL PLAN. A plan identifying potential pollutant sources from a construction site and describing proposed design, placement and implementation of Best Management Practices, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges to the storm drain system, to the maximum extent practicable, during construction activities.

STORM WATER POLLUTION PREVENTION PLAN. A plan, as required by a State General Permit, identifying potential pollutant sources and describing the design, placement and implementation of Best Management Practices, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the General Permit.

STORMWATER QUALITY MASTER PLAN. A plan that defines the strategy and describes the design, placement and implementation of Best Management Practices to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges to the maximum extent practicable, for post-construction discharges to the storm drain system.

STORMWATER QUALITY MANAGEMENT PLAN. The Ventura Countywide Stormwater Quality Management Plan, which includes descriptions of programs, collectively developed by the Co-permittees, in accordance with provision of the NPDES Permit, to comply with applicable federal and state law, as the same is amended from time to time.

WATERCOURSE. Any natural or artificial channel for passage of water including the VCFCD jurisdictional channels, or "red line channels" as described in the "List of Channels" within the Comprehensive Plan of the VCFCD, October 4, 1994, and its amendments.

(Ord. 1022, passed 11-16-98)

PROHIBITION OF NON-STORMWATER DISCHARGES AND ILLICIT CONNECTIONS

(A) No person shall discharge any material other than stormwater to the city storm drain system or watercourses, which is an illicit discharge, except in compliance with a Discharge Permit. The discharges listed below shall be exempt, non-stormwater discharges unless the Regional Board determines that any of the below discharges cause specific Receiving Water Limitation violations:

(1) Dechlorinated water line flushing;

(2) Landscape irrigation;

(3) Diverted stream flows;

(4) Rising ground waters;

(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers;

(6) Uncontaminated pumped ground water;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air conditioning condensation;

(10) Irrigation water;

(11) Natural springs;

(12) Water from crawl space pumps;

(13) Footing drains;

(14) Lawn watering;

(15) Individual residential car washing;

(16) Flows from riparian habitats and wetlands;

(17) Dechlorinated swimming pool discharges;

(18) Discharges or flows from emergency fire fighting activities;

(19) Other types of discharge identified and recommended in annual reports by the Co-permittees, as approved by the Executive Officer of the Regional Board.

(B) A discharger may be required to obtain a permit pursuant to this chapter and may be required to apply Best Management Practices prior to discharge of an exempt non-stormwater discharge provided for in this chapter.

(C) With written concurrence of the Regional Board, the Director may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system or watercourses.

(Ord. 1022, passed 11-16-98)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, kept, or maintained, in or upon any public or private driveway, parking area, street, alley, sidewalk, or component of the storm drain system or watercourse, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, and/or pollutants so that the same may cause or contribute to pollution. Any owner, occupant, or person in charge of day to day operations of the property who fails to remove pollutants within a reasonable time, as determined by the Director, may be charged with a violation of this chapter.

(Ord. 1022, passed 11-16-98)

(A) No person shall, unless in compliance with a Discharge Permit:

(1) Construct, use, maintain, operate and/or continue to utilize an illicit connection described in Section 5A.02.

(2) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize an illicit connection.

(B) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. 1022, passed 11-16-98)

REDUCTION OF POLLUTANTS IN STORMWATER AND REQUIREMENTS FOR THE CONTROL OF URBAN RUNOFF

No person shall discharge stormwater containing pollutants which have not been reduced to the maximum extent practicable by application of Best Management Practices.

(Ord. 1022, passed 11-16-98)

(A) All construction activity including clearing, grading or excavation that requires a grading permit shall be undertaken in accordance with:

(1) Any conditions and requirements established by the NPDES Permit or other permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the construction site.

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

(3) A Stormwater Pollution Prevention Plan, which shall be prepared and submitted in accordance with the State General Permit for Stormwater Discharges Associated with Construction Activity.

(4) A Stormwater Pollution Control Plan, which shall be prepared in accordance with city requirements.

(B) Prior to the issuance by the city of a discretionary land use approval or any permit authorizing grading or construction for a development or at the discretion of the city, the property owner shall submit to and obtain the approval of the Director for a Stormwater Pollution Control Plan. Notwithstanding the foregoing, a Stormwater Pollution Control Plan shall not be required for construction of a (one) single family detached residence or for a room addition to a single family residence unless the Director determines that the construction may result in the discharge of significant levels of a pollutant into the storm drain system. This exemption shall not apply to construction of more than one home at a time by one developer in a residential subdivision. Each Stormwater Pollution Control Plan shall name a responsible party for the project.

(C) The owners of a development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved Stormwater Pollution Control Plan. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of this chapter.

(D) The costs and expenses of the city incurred in the review, approval, or revision of any Stormwater Pollution Control Plan shall be charged to the property owner or responsible party and shall be due and payable to the city. The Director 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 property owner or responsible party.

(E) Compliance with the conditions and requirements of a Stormwater Pollution Control Plan shall not exempt any person from the requirement to comply independently with each provision of this chapter.

(F) Proof of compliance with the State General Permit for Stormwater Discharges Associated with Construction Activity (NPDES Permit No. CAS000002) may be required in a form acceptable to the city prior to issuance by the city of any permit authorizing grading or construction; upon inspection of the construction site; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. 1022, passed 11-16-98)

(A) All development within the city shall be undertaken in accordance with:

(1) Any conditions and requirements established by the NPDES Permit or other Permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the project site.

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

(3) Any condition and requirement of a Stormwater Quality Master Plan covering the development site.

(B) A Stormwater Quality Master Plan shall be required to be submitted by the property owner in accordance with city requirements when the Director determines that the development may result in the discharge of significant levels of any pollutant to the storm drain system based upon the Director's review of the size of the development and its relationship to the size of the affected watershed, the type of development, estimated levels of pollutants, estimated stormwater flows and the probability of violation of Receiving Water Limitations. The determination shall be at the Director's sole discretion, subject to appeal to the City Council. Such development may include, but not be limited to, specific plans, multiphased subdivisions, redevelopment plans or larger planned developments. Each Stormwater Quality Master Plan shall name a responsible party for the project.

(C) The owners of a development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved Stormwater Quality Master Plan. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of this chapter.

(D) The Director may require that the Stormwater Quality Master Plan be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plans or any revised plan and a signature on behalf of the city shall not be required for recordation.

(E) The costs and expenses of the city incurred in the review, approval, or revision of Stormwater Quality Master Plan or other development requirements shall be charged to the property owner or responsible party and shall be due and payable to the city. The Director 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 property owner or responsible party.

(F) Compliance with the conditions and requirements of a Stormwater Quality Master Plan shall not exempt any person from the requirement to comply independently with each provision of this chapter.

(G) Proof of compliance with any State General Permit may be required in a form acceptable to the Director prior to or as a condition of approval of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(A) The Director may adopt requirements identifying appropriate Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of the storm drain system. Where Best Management Practice requirements are promulgated by the Stormwater Quality Management Program - Management Committee and adopted by the Director, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

(B) Notwithstanding the presence or absence of requirements promulgated pursuant to the foregoing Subsection (A), any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering the storm drain system, shall implement Best Management Practices to the extent they are technologically and economically achievable to prevent and reduce such pollutants.

(Ord. 1022, passed 11-16-98)

Each discharger associated with construction activity, or other discharger, described in any State General Permit addressing such discharges, as may be issued by the EPA, the State Water Resources Control Board, or the Regional Board, shall provide notice of intent, comply with, and undertake all other activities required by such permit applicable to such discharges. Copies of such notification shall be provided to the Director.

(Ord. 1022, passed 11-16-98)

(A) The Director may, by written notice, require persons responsible for an illicit discharge to immediately, or by a specified date, discontinue the discharge and, if necessary, to take measures to eliminate the source of the illicit discharge. If the discharge is not discontinued in the time specified, the Director may take any lawful measures to eliminate the source of the illicit discharge and to prevent the occurrence of future illicit discharges.

(B) Whenever the Director finds that an illicit discharge of pollutants is taking place or has occurred which may result in, or has resulted in, pollution of the storm drain system, the Director may require the responsible person to cease polluting, and to restore the affected property to its pre-pollution condition within a specified time, in addition to other remedies available to the city.

(C) The Director may, by written notice, require a person responsible for an illicit connection to the storm drain system to disconnect or to secure approval for the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter. If, after disconnection, the responsible person can demonstrate that an illicit discharge will no longer occur, said person may request approval to reconnect. The reconnection or reinstallation of the connection shall be at the city's discretion and shall be subject to such conditions as the Director may determine; such reconnection or reinstallation shall be at the responsible person's sole expense.

(Ord. 1022, passed 11-16-98)

Every person owning property through which a watercourse passes shall keep and maintain the property or cause the property to be kept and maintained, reasonably free of trash, debris, pollutants, excessive vegetation, and other obstacles which could pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing structures, or cause the existing structures to be maintained, within or adjacent to the watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and, consistent with other laws regarding riparian habitat protection, 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.

(Ord. 1022, passed 11-16-98)

PERMITS, INSPECTIONS AND ENFORCEMENT

(A) Prior to commencing any inspection as herein below authorized, the Authorized Inspector shall obtain either the consent of the owner or person in charge of day to day operations of the property or shall obtain an administrative inspection warrant or search warrant. The Authorized Inspector may enter public or private property to investigate the source or potential source of a discharge to the storm drain system or watercourses located within the city at all reasonable times to inspect the same and to inspect and copy records related to compliance with this chapter. In the event the owner or person in charge of day to day operations refuses entry after a request to enter and inspect has been made, the agent is hereby empowered to seek assistance from any other governmental agency and/or any court of competent jurisdiction in obtaining such entry.

(B) An Authorized Inspector may inspect public or private 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 including roads with drainage systems, catch basins, curbs, gutters, channels and storm drains.

(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 any illicit discharge.

(6) Evaluating compliance with any Stormwater Pollution Control Plan.

(7) Evaluating compliance with any permit issued pursuant to this chapter.

(C) An Authorized Inspector may also:

(1) Inspect any vehicle, truck, trailer, tank truck or other mobile equipment as is necessary to determine compliance with this chapter;

(2) Inspect records of the owner, occupant or person in charge of day to day operations of private property as necessary to determine compliance with the provisions of this chapter;

(3) Inspect, sample and test any runoff, soil, groundwater, process discharge, materials within any waste storage area, container contents and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system;

(4) Investigate the integrity of any storm drain and sanitary sewer systems or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys;

(5) Take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property;

(6) Undertake monitoring and analysis including both the construction and maintenance of devices, or require the owner or person in charge of day to day operations of the property to undertake construction and maintenance of devices, at the owners expense, for the purpose of measuring or sampling any discharge or potential source of discharge to the storm drain system.

(D) The owner or person in charge of day to day operations of the property subject to inspection shall provide copies of test results to the Director and, on submission of a written request to the Director, be entitled to copy test results conducted by the Authorized Inspector.

(Ord. 1022, passed 11-16-98)

(A) Administrative citations and remedies shall be in accordance with Chapter 11 of this Code.

(B) An Authorized Inspector may issue an Administrative Citation or Compliance Order delivered in accordance with Chapter 11 of this Code. An Administrative Citation or Compliance Order may direct the owner, occupant or person in charge of day to day operations of any public or private property and/or other person responsible for a violation of this article to:

(1) Immediately discontinue any illicit connection or illicit discharge to the storm drain 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 or correct any other violation of this chapter;

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

An Authorized Inspector may direct, by Administrative Citation or Compliance Order, that the owner or person in charge of day to day operations of any property, including the responsible party subject to the terms and conditions of this chapter, any Storm Water Pollution Prevention Plan, Stormwater Pollution Control Plan, Stormwater Quality Management Plan or any permittee under any permit issued pursuant to this chapter; immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, permit, or this chapter. Administrative costs for any Administrative Citation or Compliance Order may be recovered pursuant to Chapter 11 of this Code.

(D) An administrative hearing on the issuance of an Administrative Citation or Compliance Order shall be held in accordance with Chapter 11 of this Code.

(Ord. 1022, passed 11-16-98)

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 illicit discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Chapter 94 of this Code and shall be subject to abatement as provided therein.

(Ord. 1022, passed 11-16-98)

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 the Director to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

(Ord. 1022, passed 11-16-98)

Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the City Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The Director may notify EPA Region IX, the Regional Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

(Ord. 1022, passed 11-16-98)

The Director may request the City Attorney to file in a court of competent jurisdiction, a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. 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.

(Ord. 1022, passed 11-16-98)

(A) The Director may request the City Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of:

(1) All costs incurred in enforcement of this chapter, including but not limited to attorneys fees, 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.

(3) Damages for irreparable harm to the environment.

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

(C) 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.

(Ord. 1022, passed 11-16-98)

(A) On application of the owner of property or the operator or person in charge of day to day operations of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit, the Director may issue, either for a fee or in the Director's discretion, without fee, a permit authorizing a non-stormwater discharge to the storm drain system if the discharge is not prohibited by the NPDES Permit or any other applicable order of the Regional Board, State Water Resources Control Board or the EPA, if the discharge is reasonably necessary for the conduct of otherwise legal activities on the property and the discharge complies with all provisions of this chapter and state and federal law.

(B) The applicant shall provide all information requested by the Director for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted.

(C) Permits shall be issued for a specific time period, not to exceed five (5) years from the effective date of the permit. The Director may issue a permit for a period of less than five years or the permit may be stated to expire on a certain date.

(D) The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including but not limited to:

(1) Identification of the discharge location on the property and the location at which the discharge will enter the storm drain system;

(2) Identification of the constituents and quantities thereof to be discharged into the storm drain system;

(3) Specification of pollution prevention techniques and structural or non-structural controls and requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter;

(4) Requirements for the installation of inspection and sampling facilities;

(5) Requirements for self-monitoring of any discharge;

(6) Requirements for the submission of documents and data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; compliance schedules;

(7) Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with Best Management Practices guidance documents approved by any Federal, State of California or Regional agency.

(E) Except as provided in this section, subsection (A)(1) above, the permission to discharge shall be conditioned upon the applicant's payment of the city costs, in accordance with a fee schedule adopted by a separate resolution.

(A) The Director may deny, suspend or revoke any permit when it is determined that:

(1) The proposed permit would violate any applicable provision of this chapter, State or Federal law; or

(2) The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or

(3) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to exempt the discharge from the prohibitions on illicit discharge contained within this chapter; or

(4) The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or

(5) Any regulatory agency, including the EPA or a State or Regional Water Quality Control Board having jurisdiction over the discharge, notifies the city that the discharge should be terminated.

(B) The Director may modify any permit when it is determined that:

(1) Federal or state law requirements have changed in a manner that necessitates a change in the permit; or

(2) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or

(3) A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of the receiving waters.

(C) The permittee shall be informed of any change in the permit terms and conditions at least forty-five (45) days prior to the effective date of the modified permit.

(D) The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to the appeal of a Compliance Order as provided in Chapter 11.

(Ord. 1022, passed 11-16-98)

(A) Any violations of the terms, conditions or requirements of any permit issued by the Director shall constitute a violation of this chapter and shall subject the violator to the remedies available under this chapter.

(B) Compliance with the terms, conditions and requirements of a permit issued pursuant to this chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued.

(C) Permits issued under this chapter are for the person or entity identified therein as the "Permittee" only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

(D) No permit may be transferred to allow:

(1) A discharge to the storm drain system at a location other than the location stated in the original permit; or

(2) A discharge by a person or entity other than the permittee named in the permit, provided, however, that the city may approve a transfer if written approval is obtained, in advance, from the Director.

(Ord. 1022, passed 11-16-98)

(A) Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to identify and to comply with all other local, state or federal statutory or regulatory requirements.

(B) If any provisions of this chapter or the application of this chapter to any circumstance is held invalid, the remainder of this chapter or the application of this chapter to other persons or circumstances shall not be affected. If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

(Ord. 1022, passed 11-16-98)

The provisions of Cal. Civ. Proc. Code §§ 1094.5 and 1094.6 set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence of the event for which review is sought.

(Ord. 1022, passed 11-16-98)

Any violation of this chapter is an infraction/misdemeanor and shall be subject to punishment pursuant to Chapter 13 of this Code.

(Ord. 1022, passed 11-16-98)