Shasta Lake Municipal Code Ch. 13.36 Storm Water Quality Management

The purpose of this chapter is to protect and promote the health, safety and general welfare of the city's citizens by controlling non-storm water discharges to the city's storm water conveyance system and by reducing pollutants in storm water discharges to the maximum extent practicable. This chapter is also intended to assist in the protection and enhancement of water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) and Porter-Cologne Water Quality Control Act, and to provide the city with the legal authority to fully implement and enforce provisions set under the National Pollutant Discharge Elimination System General Permit No. CAS000004 for Storm Water Discharges from Small Municipal Storm Sewer Systems, Water Quality Order No. 2013-0001-DWQ, or any subsequent permits that amend or replace General Permit CAS000004.

(Ord. No. 15-241, § 1, 7-7-2015)

The following words and phrases as used in this chapter have the following meanings:

"Best management practices (BMPs)" shall mean specific stormwater management techniques that are applied to manage construction site runoff and minimize site erosion.

"City manager" shall mean the municipal official responsible for the administration of the City of Shasta Lake as a whole.

"Clean Water Act (CWA)" shall mean the federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) and any subsequent amendments thereto.

"Construction activity" shall mean activities including, but not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, demolition, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which bares soil or rock.

"Construction general permit" shall mean the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Development" shall mean the construction, building or placement of any structure or portion thereof, or any activity such as excavation or grading to improve site conditions. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

"Development services director" shall mean the municipal official responsible for the administration of the building, planning and code enforcement divisions of the city of Shasta Lake.

"Discharge "shall mean the release, threatened release, or placement of any material into the city's storm water conveyance system or receiving waters, including but not limited to storm water, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

"Enforcement agency" shall mean the city for the purposes of this chapter. The enforcement agency shall coordinate program activities and authorize personnel to serve as enforcement officials to effectuate the purposes of this chapter.

"Enforcement official" shall mean any agent of the city authorized by the enforcement agency to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "enforcement official" also shall mean the authorized official(s) of the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.

"Hazardous material "shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code § 25117).

"Illicit connection" means either of the following:

1. Any drain or conveyance, whether on the surface or subsurface which allows an illicit discharge to enter the city's storm water conveyance system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the City's storm water conveyance system and any collections to the city's storm water conveyance system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the city's storm water conveyance system which has not been documented in plans, maps, or equivalent records and approved by the city.

"Illicit discharge" shall mean any direct or indirect non-storm water discharge to the city's storm water conveyance system or receiving waters, except as exempted in Section 13.36.100 of this chapter. The term illicit discharge does not include discharges that are regulated by a NPDES permit (other than the NPDES permit for discharges from the MS4).

"Industrial activity" shall mean any activity subject to the NPDES Industrial General Permit as defined in 40 CFR, Section 122.26(b)(14).

"Industrial general permit" shall mean the General Permit for Storm Water Discharges Associated with Industrial Activities, issued and administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Maximum extent practicable (MEP)" shall mean the technology-based standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) for small MS4 storm water discharges. MEP emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods.

"Municipal separate storm sewer system (MS4)" shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned by a state, county, city, town, or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"National Pollutant Discharge Elimination System (NPDES)" shall mean the primary permitting program under the Clean Water Act (33 U.S.C. Section 1251 et seq.) which regulates most discharges to receiving waters.

"National Pollution Discharge Elimination System Permit (NPDES permit)" shall mean a permit issued by either the Regional Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the California Water Code to control discharges to Waters of the United States.

"Phase II Municipal General Permit" shall mean the General Permit for Storm Water Discharges from small municipal separate storm sewer systems (MS4s), issued and administered by the State of California in accordance with applicable provisions of the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Pollutant" shall mean anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; soil, sand, or sediment; oil and other automotive fluids; non-hazardous liquid, solid wastes and yard wastes; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; biological and fecal waste; dissolved and particulate metals; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

"Pollution "shall mean the human-made or human-induced alteration of the quality of waters which unreasonably affects, or has the potential to unreasonably affect, either the waters beneficial uses or the facilities which serve these beneficial uses (California Water Code §13050).

"Porter-Cologne Act" shall mean the Porter-Cologne Water Quality Control Act and as amended (California Water Code §13000 et seq.). Under the Porter-Cologne Act, the State Water Resources Control Board has the ultimate authority over State water rights and water quality policy. Porter-Cologne also establishes nine regional water quality control boards to oversee water quality on a day-to-day basis at the local/regional level.

"Premises" shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Property owner" shall mean any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this chapter.

"Public works director" shall mean the municipal official responsible for the administration of the public works divisions of the city of Shasta Lake, including water, sewer, streets and public improvements.

"Receiving water limitations" shall mean water quality standards contained in a statewide water quality control plan, the California Toxics Rule, or in the applicable regional water quality control board basin plan.

"Receiving waters" shall mean natural surface bodies of water, as defined by the Phase II Municipal General Permit, including, but not limited to, creeks and rivers, which serve as discharge points for the City storm water conveyance system.

"Regional water quality control board (regional board)" shall mean the Central Valley Regional Water Quality Control Board.

"Responsible Official" shall mean the designee of the city manager responsible for implementing the storm water quality management program for the city. Typically, the development services director is the responsible official for non-public property, and the public works director is the responsible official for public property, easements, and right-of-ways, as well as public utilities.

"Storm water" shall mean any surface flow, runoff, and drainage consisting entirely of water from storm events and/or snow melt.

"Storm water conveyance system" shall mean those public or natural facilities within the city which are owned, operated, maintained or controlled by the city by which storm water may be conveyed to receiving waters, including, but not limited to, any city roads with drainage systems, municipal streets, catch basins, detention basins, constructed wetlands, natural and artificial channels, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, and storm drains.

"Storm water pollution prevention plan (SWPPP)" shall mean a document that describes the BMPs to be implemented by the owner or operator to eliminate prohibited non-storm water discharges and/or reduce to the MEP pollutant discharges to the city storm water conveyance system as required by the construction general permit.

"Waters of the United States" shall mean surface watercourses and water bodies as defined in 40 CFR Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this article, have the same meaning as set forth in such act or regulation.

(Ord. No. 15-241, § 1, 7-7-2015)

The provisions of this chapter are applicable to all users and potential users located within the city and all users that discharge either directly or indirectly into the city storm water conveyance system. Within the city this chapter shall also apply to storm water and non-storm water discharges made to receiving waters. This chapter does not apply to facilities operated by the State of California or by agencies of the federal government.

(Ord. No. 15-241, § 1, 7-7-2015)

The city manager shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city manager may be delegated by the city manager to persons or entities acting in the beneficial interest or in the employ of the city (i.e. responsible officials).

(Ord. No. 15-241, § 1, 7-7-2015)

The provisions of this chapter are hereby declared to be severable. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter.

(Ord. No. 15-241, § 1, 7-7-2015)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Water Quality Control Act, and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. In the event of any conflict between this chapter and any federal or state law or regulation, that requirement which establishes the higher standard for public health shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, permit, or city ordinance.

(Ord. No. 15-241, § 1, 7-7-2015)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of storm water quality, or both.

(Ord. No. 15-241, § 1, 7-7-2015)

The degree of protection required by this chapter 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 chapter does not intend nor imply that compliance will ensure that there will be no unauthorized discharge of pollutants into receiving waters. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 15-241, § 1, 7-7-2015)

It shall be unlawful for any person to discharge, or cause to be discharged, any non-storm water, storm water or pollutant to the city storm water conveyance system or to receiving waters which results in, or contributes to a violation of a receiving water limitation or a violation of the municipal general permit.

(Ord. No. 15-241, § 1, 7-7-2015)

The following discharges are exempt from the otherwise applicable non-storm water discharge prohibition set forth in Section 13.36.090:

A. Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger, and administered by the state pursuant to Division 7 Chapter 5.5 of the California Water Code, provided that any such discharge is in compliance with all requirements of the NPDES permit, waiver, or order and all other applicable laws and regulations.

B. Any discharge from any of the following activities, provided that any such discharge does not cause or contribute to the violation of any receiving water limitation and appropriate control measures to minimize the impacts of such discharges are developed and implemented as determined by the responsible official. This provision does not obviate the need to obtain any other appropriate permits for such discharges.

1. Water line flushing.

2. Individual residential car washing.

3. Diverted stream flows.

4. Rising groundwaters.

5. Uncontaminated groundwater infiltration (as defined in 40 CFR § 35.2005(20)) to separate storm sewers.

6. Uncontaminated pumped groundwater.

7. Discharges from potable water sources.

8. Foundation drains.

9. Air conditioning condensation.

10. Springs.

11. Water from crawl space pumps.

12. Footing drains.

13. Flows from riparian habitats and wetlands.

14. Dechlorinated and untreated swimming pool discharges.

15. Incidental runoff from landscaped areas.

16. Discharges or flows from fire-fighting activities.

C. Any discharges which the responsible official, in concert with the regional board, determines are necessary for the protection of public health or safety.

D. Additional categories of non-storm water discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the responsible official upon approval of the executive officer of the regional board, as provided in the municipal general permit, or any successor permits.

(Ord. No. 15-241, § 1, 7-7-2015)

Notwithstanding the exemptions provided for in Section 13.36.100 above, if the regional board or the responsible official determine that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to receiving waters, or is otherwise a danger to public health or safety, the responsible official may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses a significant threat to the environment or to public health and safety, the responsible official may waive the thirty-day waiting period and require immediate cessation of the discharge.

(Ord. No. 15-241, § 1, 7-7-2015)

A. The construction, use or continued existence of illicit connections to the city storm water conveyance system is prohibited.

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. Upon the effective date of the ordinance codified in this chapter, any person who maintains an illicit connection shall have thirty (30) days or a time determined by the responsible official from the effective date of the ordinance codified in this chapter to disconnect and discontinue use of such connection.

C. The responsible official may require by written notice that a person responsible for an illicit connection to the storm water conveyance system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

D. If subsequent to eliminating a connection found to be in violation of this chapter the responsible person can demonstrate that an illicit discharge will no longer occur, said person may request city approval to reconnect to the city's storm water conveyance system. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

E. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. No. 15-241, § 1, 7-7-2015)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, city storm water conveyance system facility, or receiving waters, any refuse, rubbish, garbage, litter, cigarette butts, objects, construction materials, gravel, soil, and other accumulations, so that the same may cause or contribute to pollution in storm water discharges. Wastes deposited in streets in proper waste receptacles for the purpose of collection are exempted from this prohibition.

(Ord. No. 15-241, § 1, 7-7-2015)

Any person subject to an industrial or construction general permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the development services director prior to or as a condition of a parcel map, tentative map, entitlement, building permit, grading permit, business license, or encroachment permit; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 15-241, § 1, 7-7-2015)

A. The responsible official and/or state or federal agencies may designate as subject activities any activities, including construction and industrial activities, considered potential sources of discharges of pollutants to the city storm water conveyance system or receiving waters. The subject activity may occur at stationary facilities or as a mobile activity that takes place at various job sites. State or federal agencies may require the city to enforce regulatory measures against the subject activity in question.

B. Industrial activities for which the municipal general permit specifies that the city shall routinely inspect, or which are listed in municipal general permit Section E.9. are hereby designated as subject activities.

(Ord. No. 15-241, § 1, 7-7-2015)

A. BMPs shall be adopted by the public works director as a component of the city's construction standards.

B. Any person whom the responsible official determines is conducting any subject activity shall prevent or reduce the discharge of pollutants from those activities, to the MEP, through the implementation of BMPs.

C. The responsible official may specify and describe BMPs for specified subject activities. Where BMP requirements are promulgated by the city or any federal, state, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the city storm water conveyance system or receiving waters, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

D. Any alternative BMP implemented for specified subject activities pursuant to subsection (C) of this section shall be subject to review and approval by the public works director. If a person conducting subject activities implements alternative BMPs without the prior written approval of the public works director and subsequently receives written notice from the responsible official that the alternative BMPs do not provide the required equivalent level of protection from pollutant-laden storm or non-storm water discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of requirements of this chapter as of the date of delivery of such notice.

E. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (B) and (C), any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering the city storm water conveyance system or receiving waters shall implement BMPs to the MEP.

F. Persons implementing BMPs will be required to establish, document, and conduct a maintenance program, subject to approval by the responsible official, for all BMPs. This requirement applies to BMPs required by the city and BMPs that were voluntarily installed. Maintenance requirements established pursuant to this section must be appropriate for site conditions, design of the BMPs, and must protect public safety, health, infrastructure, the environment and meet the purposes of this chapter.

(Ord. No. 15-241, § 1, 7-7-2015)

A. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of pollutants into the city storm water conveyance system or receiving waters. Facilities to prevent accidental discharge of pollutants shall be provided and maintained at the owner or operator's expense.

B. The responsible official may designate types of industries where the owner or operator of the industry shall be required to notify the city within twenty-four (24) hours of the discovery of an actual discharge into the city storm water conveyance system. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

C. Any person owning or occupying premises or conducting any activity that has knowledge of any non-storm water discharge or threatened prohibited discharge, from the premises or activity to the city storm water conveyance system or receiving waters shall immediately take all reasonable action to contain and otherwise minimize any such discharge.

D. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of pollutants from said facility or operation which are resulting or may result in illicit discharges or pollutants discharging into the city storm water conveyance system or receiving waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials that is not an emergency, said person shall notify the city's public works department in person or by phone no later than 3:00 p.m. of the next business day. If the discharge of pollutants emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 15-241, § 1, 7-7-2015)

The responsible official may require by written notice that a person responsible for a prohibited discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures at the cost of the discharger to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.

(Ord. No. 15-241, § 1, 7-7-2015)

Any person owning or operating a construction site shall implement BMPs to control the discharge of pollutants to the city storm water conveyance system or receiving waters to the MEP, in compliance with the municipal general permit, construction general permit, city construction standards, and Chapter 15.08, "Grading, Erosion Control and Hillside Development" of the city of Shasta Lake Municipal Code.

(Ord. No. 15-241, § 1, 7-7-2015)

Any person owning or operating an industrial site shall implement BMPs to control the discharge of pollutants to the city storm water conveyance system or receiving waters to the MEP, in compliance with the municipal general permit, industrial general permit, and city construction standards.

(Ord. No. 15-241, § 1, 7-7-2015)

A. The responsible official shall ensure that development complies with measures and BMP performance standards, including but not limited to, those outlined in Section E.12 of the municipal general permit. The requirements for new development or redevelopment may include but are not limited to performance standards, operational BMPs site design measures, low impact development design standards, and hydromodification measures. The requirements may include associated maintenance programs and city access agreements.

B. Requirements established pursuant to Subsection (A) may be included in city construction standards, written policies in the city of Shasta Lake Municipal Code, conditions of development, conditions of approval or any other appropriate instrument administered by the city. The owner and developer shall comply with the terms, provisions, and conditions as required in this chapter.

(Ord. No. 15-241, § 1, 7-7-2015)

A. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, construction materials, and other obstacles that would pollute or contaminate the watercourse.

B. In addition, the owner or lessee 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.

C. The owner or lessee shall not remove healthy bank vegetation beyond routine maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect it against erosion and degradation originating or contributed from their property.

D. Pertinent regulatory agencies' permits shall be obtained as required prior to work within those areas under the jurisdiction of those agencies.

(Ord. No. 15-241, § 1, 7-7-2015)

A. The responsible official shall have the authority to promulgate regulations, policies, and standards for the implementation of this chapter.

B. All regulations, policies, and standards promulgated by the responsible official shall be consistent with the provisions of this chapter and the MS4 general permit.

(Ord. No. 15-241, § 1, 7-7-2015)

A. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the responsible official has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the responsible official may enter such premises at all reasonable times to inspect the same and to inspect records related to storm water management compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter including, but not limited to, compliance with requirements of the municipal general permit, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of storm water contamination, illicit connections, and discharge of non-storm water to the city storm water conveyance system or similar factors.

C. The responsible official may conduct inspections pursuant to this chapter on private or public property. The responsible official may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, the city storm water conveyance system, or receiving waters.

D. For purposes of verifying compliance with the provisions of this chapter, the responsible official may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be sources of pollutants or non-storm water discharges.

(Ord. No. 15-241, § 1, 7-7-2015)

A. During any inspection as provided herein, the responsible official may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

B. The responsible official may erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the city storm water conveyance system or receiving waters.

C. The responsible official may investigate the integrity and layout of all storm drain and sanitary sewer system or other pipelines on the premises using appropriate tests, including, but not limited to, smoke or dye tests or video surveys.

D. The responsible official may conduct any necessary surveys, take photos or video, make measurements or drawings, and create any other record reasonably necessary to document conditions on the premises.

(Ord. No. 15-241, § 1, 7-7-2015)

The responsible official may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the city storm water conveyance system or receiving waters, to undertake at said person's expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter.

(Ord. No. 15-241, § 1, 7-7-2015)

A. Information and data on a discharger or potential discharger obtained from inspections reports, questionnaires, applications, permits, monitoring programs, records, or any other form of submittal to the city shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the responsible official that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger.

B. Storm water and non-storm water constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.

(Ord. No. 15-241, § 1, 7-7-2015)

The city shall collect such fees as may be established by the city council to provide for the recovery of costs associated with implementing this chapter. Any such fees shall be established by resolution of the city council. Failure to pay required fees within the time period set in policy established by the city manager shall be a violation of this chapter.

(Ord. No. 15-241, § 1, 7-7-2015)

A. Any violation of this chapter in which the responsible official determines that the violation constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the city storm water conveyance system or receiving waters, may result in an order to immediately cease and desist all activities causing such immediate threat. A cease and desist order may direct the owner or occupant of any premises, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge.

2. Immediately discontinue any other violation of this chapter.

3. Clean up the area affected by the violation.

B. If the discharger fails to comply with a cease and desist order within the time specified in the order, the responsible official may conduct abatement of the violation and the expense thereof shall be charged to the violator.

C. In the event a condition in violation of the provisions of this chapter constitutes an imminent danger to public safety or the environment, the responsible official may enter the premises from which the violation emanates, abate the violation and restore any property affected by the violation, at the expense of the violator, without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

(Ord. No. 15-241, § 1, 7-7-2015)

Any discharger found to be in violation of any of the requirements set forth in this chapter is guilty of an infraction and subject to penalty per SLMC Section 1.16.010. The responsible official will provide written notification of violations and meet with owners of property or their representatives on the site to discuss the exact location and nature of the observed violations.

(Ord. No. 15-241, § 1, 7-7-2015)

In addition to any other remedies provided by this chapter or any other law, the city may also seek and recover reimbursement from any person whose conduct or activity results in any fine, penalty or other charges being imposed upon the city by any authorized federal, state, or local government agency, including, but not limited to, the Central Valley Regional Water Quality Control Board, for violations of the terms of the city's municipal general permit or otherwise, up to the actual amount of the fine, penalty, or charge imposed upon the city.

(Ord. No. 15-241, § 1, 7-7-2015)