Villa Park Municipal Code Ch. XX Water Quality

The United States Congress passed the Clean Water Act (33 USC Section 1251 et seq., as amended, including Section 402(p) therein) as a mandate, in part, that cities obtain permits to "effectively prohibit non-storm water discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable…" This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to California waterways.

The Santa Ana Regional Water Quality Control Board addresses this obligation to implement the Clean Water Act by periodically issuing waste discharge requirements for the County of Orange, Orange County Flood Control District and the incorporated cities of Orange County within the Santa Ana Regional Water Quality Control Board jurisdiction. These waste discharge requirements shall be referred to herein as the National Pollution Discharge Elimination (NPDES) Permit. The City of Villa Park is named as a co-permittee under the NPDES permit and must comply with the requirements set forth in the NPDES Permit.

(Ord. #2006-518, § 1)

The purpose and intent of this ordinance is to establish uniform standards for the improvement of water quality, to comply with the federal requirements for the control of urban pollutants to storm water runoff, which enters the network of storm drains throughout Orange County, and to regulate discharges of storm water to the storm drain system within the City of Villa Park.

(Ord. #2006-518, § 1)

As used in this Chapter:

"Accelerated Erosion" means the rate and amount of erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals.

"Authorized Inspector" shall mean the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance and detect violations of this Chapter.

"Basin Plan" shall mean the "Water Quality Control Plan for the Santa Ana Basin" adopted by the Santa Ana Regional Water Quality Control Board in September 1994 and any subsequent amendments.

"Best Management Practices (BMPs)" shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to storm water, receiving waters or the storm water drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this ordinance.

"City" shall mean the City of Villa Park, Orange County, California.

"Clean Water Act" shall mean the Federal Statute (33 USC Section 1251 et seq., as amended, including Section 402(p) therein) requiring municipal and industrial dischargers to obtain NPDES permits for their discharges of storm water.

"Co-Permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one (1) of the thirty-one (31) municipalities, including the City of Villa Park, which is responsible for compliance with the terms of the NPDES Permit.

"DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time.

"Development Project Guidance" shall mean DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for New Development including Non-residential construction projects, as the same may be amended from time to time.

"Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

"Discharge Exception" shall mean the group of activities not restricted or prohibited by this ordinance, including only:

1. Discharges composed entirely of storm water;

2. Discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency;

3. Discharges from property for which best management practices set forth in the development project guidance are being implemented as follows;

4. Discharges to the storm water drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minims groundwater infiltration to the storm water drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);

5. Discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing at residences, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges, public street wash waters when related to cleaning and maintenance by, or on behalf of, the city and discharges authorized pursuant to federal or state laws or regulations;

6. Discharges from reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City of Villa Park;

7. Discharges allowable under the domestic sewage exception;

8. Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge;

9. Discharges authorized pursuant to federal or state laws or regulations. In any action taken to enforce this ordinance, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.

"Domestic Sewage Exception" shall mean discharges that are exceptions to this section and excluded from the definition of prohibited discharge, as defined herein, including only:

1. Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.

"Enforcing Attorney" shall mean the City Attorney acting as counsel to the City of Villa Park and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the enforcing Attorney.

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

"Hearing Officer" shall mean the City Manager or his/her designee, who shall preside at the administrative hearings authorized by this Ordinance and issue final decisions on the matters raised therein or shall mean the appeals board established by separate resolution of the City Counsel, which shall preside at the administrative hearings authorized by this Ordinance and issue final decisions on the matters raised herein.

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

"Impaired Water Body" shall mean a water body that is listed by the California State Water Resources Control Board as impaired by a particular pollutant or pollutants, pursuant to section 303(d) of the Federal Clean Water Act.

"Impervious Surface Area" means the ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.

"Impervious Surfaces or Covers" shall mean a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways.

"Invoice for Costs" shall mean the actual costs and expenses of the City, including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to Section 6-8.6 of this Article, where a notice of Noncompliance, Administrative Compliance Order or other enforcement option under Section 6-8.7 of this Article is utilized to obtain compliance with this Article.

"LIP" shall mean the City of Villa Park Local Implementation Plan, including all appendices or revisions. The Local Implementation Plan is the document detailing the City's local implementation of the Orange County DAMP.

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

"Maximum Extent Practicable (MEP)" shall mean the acceptability standard for Best Management Practices (BMPs) established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that dischargers of storm water must meet. MEP means using the most effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with storm water and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible and provides benefits that are reasonable in relation to cost. MEP generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).

"Non-Residential Plumbing Permit" means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.

"National Pollution Discharge Elimination System (NPDES) Permit" shall mean the currently applicable municipal discharge permit[s] issued by the Santa Ana Regional Water Quality Control Board Order No. 90-71, NPDES No. CA 8000180, which establishes waste discharge requirements applicable to storm water and urban runoff in the City of Villa Park.

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

"Non-Storm Water" shall mean all discharges to and from a storm water drainage system that do not originate from precipitation events (i.e. all discharges from a storm water drainage system other than storm water).

"Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or similar entity, or the agent, employee or representative of any of the above.

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

1. Artificial materials (such as floatable plastics, wood products or metal shavings).

2. Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and materials from vehicles, lawn mowers and other on household equipment).

3. Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics that cause an adverse effect on living organisms.

4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease).

5. Animal waste (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields).

6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor.

7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting; staining; use of sealant and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers; paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing).

8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.

9. Materials that contain base/neutral or acid extractable organic compounds.

10. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and

11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus, or erode soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial use of the receiving waters, flora, or fauna of the State.

The term "Pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted treatment facility.

"Priority Development Project" shall mean any of the following development categories as defined in the NPDES permit:

1. All significant re-development projects.

2. Home subdivisions of ten (10) units or more. This includes single-family residences, multi-family residences, condominiums, apartments, etc.

3. Industrial/commercial developments of one hundred thousand (100,000) square feet or more. Commercial development include non-residential development such as hospitals, educational institutions, recreational facilities, mini-malls, hotels, office buildings, warehouses, and light industrial facilities.

4. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539).

5. Restaurants where the land area of development is five thousand (5,000) square feet or more.

6. Hillside developments of ten thousand (10,000) square feet or more which are located on areas with known erosive soil conditions or where the natural slope is twenty-five (25) percent or more.

7. Developments of two thousand five hundred (2,500) square feet of impervious surface or more adjacent to (within two hundred (200) feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as Areas of Special Biological Significance (ASBS) or water bodies listed on the CWA Section 303(d) list of impaired water bodies.

8. Parking lots of five thousand (5,000) square feet or more exposed to storm water. Parking lot is defined as land area or facility for the temporary storage of motor vehicles.

"Private Property" shall mean any real property, irrespective of ownership, which is not open to the general public.

"Prohibited Discharge" shall mean any discharge to or from the storm water drainage system or to a receiving water body that is not composed entirely of storm water. This includes but is not limited to discharges of non-storm water that are not defined under the discharge exception, any discharge from an illicit connection, or any discharge which causes or contributes to the exceedance of basin plan receiving water quality objectives. Discharges pursuant to a separate NPDES permit (other than the NPDES permit for discharges from the municipal storm water drainage system) are prohibited unless compliance with all applicable permit conditions is maintained.

"Receiving Waters" shall mean all waters as defined in the NPDES Permit, including but not limited to natural streams, creeks, rivers, lakes, bays, the Pacific Ocean and ground water.

"Significant Redevelopment" shall mean the creation or addition of five thousand (5,000) square feet or more of impervious surface area on an existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land distributing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than fifty (50) percent of the impervious surface area of previously existing development, and the existing development was not subject to WQMP requirements, the design sizing criteria for structural BMP facilities applies only to the addition, and not to the entire development.

"State general permit" shall mean the State General Industrial Storm Water Permit, the State General Construction Permit or any other State General Permit that has been or will be adopted and the terms and requirements of any such permit. In the event the U.S. 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 storm water control program for industrial and construction activities.

"Storm Water" shall mean surface runoff and drainage associated with storm events and snowmelt, and is that portion of precipitation that flows across a surface to the storm water drainage system or receiving waters. Examples include, but are not limited to: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows from a vegetative surface when rainfall is in excess of the rate at which it can infiltrate into the soil (runoff from a pervious surface); and the water that flows into streams when snow on the ground begins to melt.

"Storm Water Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is part of or tributary to the Countywide storm water runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee, and use for the purpose of collecting, storing, transporting or disposing of storm water.

"Urban Runoff" shall mean all flows in the storm water drainage system and consist of storm water and non-storm water flows.

"Water Quality Management Plan (WQMP)" means a water quality management plan that is designed to minimize pollutant discharges, accelerated erosion and sediment runoff during redevelopment construction and operation activities. Another synonymous term for such a water quality plan is Standard Urban Runoff Mitigation Plan (SUSMP).

(Ord. #2006-518, § 1)

a. No person shall:

1. Construct, maintain, operate and/or utilize any illicit connection.

2. Cause, allow or facilitate any prohibited discharge.

3. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.

b. A civil or administrative violation of section 20-1.4.a. shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

c. If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial use of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of section 20-1.4.a.

(Ord. #2006-518, § 1)

a. New Development and Significant Redevelopment.

1. All new development and significant redevelopment within the City of Villa Park shall be undertaken in accordance with:

(a) The DAMP and the LIP, including but not limited to the development project guidance; and

(b) Any conditions and requirements established by the planning agency [planning department, engineering department or building department], which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site.

2. Prior to the issuance by the City of a grading permit, building permit or non-residential plumbing permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the engineering department of a water quality management plan. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or non-residential plumbing permit, the property owner shall submit to and obtain the approval of the planning agency [planning department, engineering department, or building department] of a water quality management plan prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.

3. Notwithstanding the foregoing subsections a. 1 and 2. above, Development Project Guidance Plans shall not be required for construction of a (one) single family detached residence unless the City engineering department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the storm water drainage system.

4. Compliance with the conditions and requirements of the DAMP and LIP shall not exempt any person from the requirement to independently comply with each provision of this Chapter.

5. If the City engineering department determines that the project will have a de minims impact on the quality of storm water runoff, then it may issue a written waiver of the requirement compliance with the Development Project Guidance Plan.

6. The owner of a new development or significant redevelopment project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements imposed pursuant to Section 20-1.5.a.1 on a New Development or Significant Redevelopment project.

(a) 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 imposed pursuant to Section 20-1.5.a.1 on a New Development or Significant Redevelopment project shall constitute a violation of this Chapter.

7. The City engineering department may require that the terms, conditions and requirements imposed pursuant to Section 20-1.5.a.1 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 these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation.

b. Cost Recovery. The City of Villa Park shall be reimbursed by the project applicant for all costs and expenses incurred in the review, approval, or revision of any New Development or Significant Redevelopment projects [or in the approval or revision of any such plan] and shall be assessed to the property owner or responsible party and will be due and payable to the City of Villa Park. The City Engineering Department 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.

c. Litter Control. No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the storm drainage system.

Every person occupying or having charge and control of private property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same.

A prohibited disposal of waste materials creates a danger to the public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.

(Ord. #2006-518, § 1)

a. Scope of Inspections.

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

2. Entry to Inspect. The authorized inspector may enter private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the storm water drainage system located within the jurisdiction of the City of Villa Park.

3. Entry to Inspect. The authorized inspector may inspect private property for the purpose of verifying compliance with this subchapter, including but not limited to;

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

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

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

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

(v) Locating any illicit connection or the source of prohibited discharge.

4. Portable Equipment. For purposes of verifying compliance with this subchapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

5. Records Review. The authorized inspector may inspect all records of the owner or occupant of private property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety and data sheets, hazardous waste manifests, business plan, pollution prevention plans, state general permits, storm water pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the storm water drainage system.

6. Sample and Test. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm water drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video surveys, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

7. Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm water drainage system.

8. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test result conducted by the authorized inspector.

(Ord. #2006-518, § 1)

a. Administrative Remedies.

1. Notice of Noncompliance. The authorized inspector may deliver to the owner or occupant of any property, or to any person reasonable for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance of with subsection 20-1.7.a.5 of this subchapter.

(a) The notice of noncompliance shall identify the provision(s) of this Chapter; the applicable water quality management plan or permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

(b) The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provide, however, that the compliance date may not exceed ninety (90) days unless the authorized inspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension.

2. Administrative Compliance Order.

(a) The authorized inspect may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with subsection 20-1.7.a.5 of this Chapter. The administrative compliance order may be issued to:

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

(2) The owner of private property or a reasonable party subject to the requirement of any development project guidance plan to ensure implementation of and adherence to the terms, conditions and requirement of the plan.

(3) A permittee subject to the requirements of any permit issued pursuant to Section 20-1.8 hereof to ensure compliance with the terms, conditions and requirements of the permit.

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

(b) The administrative compliance order may include the following terms an requirements:

(1) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges including but not limited to the threat of a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area.

(2) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

(3) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water runoff.

(4) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this subchapter, including but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency.

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

3. Cease and Desist Order.

(a) The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with subsection 20-1.7.a.5 of this Chapter. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of this Chapter to:

(1) Immediately discontinue of any illicit connection or prohibited discharge to the storm water drainage system.

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

(3) Immediately discontinue any other violation of this Chapter.

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

(b) The authorized inspector may direct by cease and desist order that the owner of private property or any permittee under a permit issued pursuant to Section 20-1.8 hereof:

(1) Immediately cease any activity not in compliance wit the terms, conditions and requirements of the applicable permit.

4. Recovery of Costs. The authorized inspector may deliver to the owner or occupant of any private property, any permittee, any responsible party or any other person who becomes subject to a notice of noncompliance, cease & desist order or administrative order an invoice for costs. An invoice for costs shall be delivered in accordance with subsection 20-1.7.a.5 of this Chapter. An invoice for cost shall be immediately due and payable to the City of Villa Park for the actual costs incurred by the City in issuing any notice or order.

(a) If any owner or occupant, permittee or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with subsection 20-1.7.a.6, then the enforcing attorney may institute collection proceedings.

5. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this Chapter shall be subject to the following:

(a) The notice shall state that the recipient has the right to appeal the matter as set forth in subsections 20-1.7.a.6 through 20-1.7.a.10 of this Chapter.

(b) Delivery shall be deemed complete upon (1) personal service to the recipient; (2) deposit in the U.S. mail, postage pre-paid for first class delivery; or (3) facsimile service with confirmation of receipt.

(c) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.

(d) Where the owner or occupant of any private property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten (10) business days.

6. Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in Section 20-1.9, any person receiving a notices of noncompliance, administrative compliance order, a notice of nonconforming connection, an invoice for costs or any person who is subject to any adverse determination made pursuant to this Chapter, may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this Chapter.

7. Requests for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of nonconforming connection, an invoice for costs or an adverse determination shall, within thirty (30) days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing on the matter shall be heard before the Hearing Officer within forty-five (45) business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

8. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five (5) business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or emergency abatement action.

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

10. Final Decision and Appeal. The final decision of the hearing officer shall issue within ten (10) business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure, §§ 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision.

(a) Notwithstanding this subsection 10, the final decision of the Hearing Officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five (5) business days following the conclusion of the hearing.

11. City Abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued pursuant to this subchapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City of Villa Park in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection 20-1.7.b.4.

b. Nuisance. Any condition in violations of the prohibitions of this subchapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code § 83771.

1. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City Manager may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

(a) An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.

(b) Notwithstanding the authority of the City of Villa Park to conduct an emergency abatement action, an administrative hearing pursuant to subsection 20-1.7.a.8 herein above shall follow the abatement action.

2. Reimbursement of Costs. All costs incurred by the City of Villa Park in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing or maintaining the nuisance.

3. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code § 38773.1 and § 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code § 38773.1.

(a) At the discretion of the City Manager, the enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a monetary judgment or by delivered to the County Assessor of a special assessment against the property in accordance with the conditions and requirements of Government Code § 38773.5.

c. Criminal Sanctions.

1. Prosecutor. The enforcing attorney may act on the request of the City Manager to pursue enforcement actions in accordance with the provisions of this Chapter.

2. Infractions. Any person who may otherwise be charged with a misdemeanor under this subchapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by fine of not more than one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation, and a fine not exceeding five hundred dollars ($500.00) for each additional violation occurring within one (1) year.

3. Misdemeanors. Any person who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this subchapter after notice thereof, or violates the terms, conditions and requirements of any development project guidance plan or permit, shall be guilty of a misdemeanor punishable by fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or both.

d. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, an administrative compliance order, a cease and desist order, an applicable development project guidance plan, or a permit issued pursuant to this Chapter, shall constitute a separate violation of this Chapter punishable by fines or sentences issued in accordance herewith.

e. Non-exclusive Remedies. Each and every remedy available for the enforcement of this Chapter shall be non-exclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this Chapter.

f. Citations. Pursuant to Penal Code § 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this Chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with penal code § 853.5, § 853.6, and § 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney.

Each citation to appear shall state the name and address of the violator, the provisions of this Chapter violated, and the time and place of appearance before the court, which shall be at least ten (10) business days after the date of violation. The person cited shall sign the citation giving his/her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.

g. Violations of Other Laws. Any person acting in violation of this Chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act § 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this Chapter.

h. Injunctions. At the request of the City Manager, the enforcing attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter.

1. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of Villa Park of all costs incurred in enforcing this Chapter, including the costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs related to restoration of the environment and all other expenses as authorized by law.

(Ord. #2006-518, § 1)

a. Discharge Permit Procedure.

1. Permit. On application of the owner of private property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a state general permit, the City Engineer may issue a permit authorizing the release of non-storm water discharges to the storm water drainage system if:

(a) The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and

(b) The discharge will not cause a nuisance, impair the beneficial use o receiving waters, or cause any reduction in established water quality standards.

2. Application. The applicant shall provide all information requested by the City Engineer 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.

3. Permit Issuance. The permit shall be granted or denied by the City Engineer, or his/her designated representative, no later than sixty (60) business days following the completion and acceptance of the application as determined by the City Engineer.

(a) The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.

4. Permit Conditions. 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:

(a) Identification of the discharge location on the property and the location at which the discharge will enter the storm water drainage system.

(b) Identification of the constituents and quantities thereof to be discharged into the storm water drainage system.

(c) Specification of pollution prevention techniques and structural or nonstructural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this Chapter.

(d) Requirements for self-monitoring of any discharge.

(e) Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; and

(f) 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.

5. General Permit. In the discretion of the City Manager, the permit may, in accordance with the conditions identified in subsection 20-1.8.a.4, hereinabove, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the City Manager. No discharge within the scope of the general permit shall occur until such application is so filed.

(a) Notwithstanding the foregoing in this subsection 8, the City Manager, in his discretion, may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued.

6. Permit Fees. The permission to discharge shall be condition upon the applicants payment of the City's costs, in accordance with a fee schedule adopted by separate resolution, as follows:

(a) For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, and the costs reasonably related to administering this permit program.

(b) For general permits, the costs of reviewing the permit application, that potion of the costs of preparing the general permit, which is reasonably attributable to the permittee's application for the general permit, and the costs reasonably related to administering the general permit program.

b. Permit Suspension, Revocation or Modification.

1. The City Manager may suspend or revoke any permit when it is determined that:

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

(b) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to accept the discharge from the prohibitions on prohibited discharge contained within this subchapter; or

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

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

2. The City Manager may modify any permit when it is determined that:

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

(b) The permittee's discharges 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

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

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

3. 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 appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the Hearing Officer.

c. Permit Enforcement.

1. Penalties. Any violation of the terms, conditions and requirements of any permit issued by the City Manager shall constitute a violation of this Chapter and subject the violator to the administrative, civil and criminal remedies available under this Chapter.

d. [Compliance.] 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.

1. Limited Permittee Rights. Permits issued under this Chapter are for the person or entity identified therein as the "permittee" only, and authorizes the specific operation at a specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

2. Transfer of Permits. No permit may be transferred to allow:

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

(b) A discharge by a person or entity other than the permittee named ion the permit, provided however, that the City of Villa Park might approve a transfer if written approval is obtained, in advance, from the City Manager.

(Ord. #2006-518, § 1)

a. The City of Villa Park intends to cooperate with other agencies with jurisdiction over storm water discharges to ensure that regulatory purposes underlying storm water regulations promulgated pursuant to the Clean Water Act (33 USC § 1251 et seq.) are met.

b. The City of Villa Park may elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this Chapter.

(Ord. #2006-518, § 1)

a. Compliance Disclaimer. Full compliance by any person or entity with the provision of this Chapter shall not preclude the need to comply with other local, state or federal statutory regulators requirements, which may be required for the control of the discharge of pollutants into storm water and/or the protection of storm water quality.

b. Repeal of Prior Ordinance. The enactment of this Chapter by the City of Villa Park shall repeal the provisions of County Ordinance No. 703, enacted for the permitting of discharges of industrial waste to ground or surface waters and no new discharge permits shall be issued thereunder; provided however, that connection to discharge under the terms and conditions of any individual discharge permit issued prior to the date of enactment of the Water Quality Ordinance shall be allowed hereunder as a Legal Nonconforming Connection.

(Ord. #2006-518, § 1)

The provisions of § 1094.5 and § 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act 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. #2006-518, § 1)