[Ord. #93-8, S1]
This chapter shall be known as the "City of Firebaugh Storm
Water Management and Discharge Control Law" and may be so cited.
[Ord. #93-8, S1]
The intent of this chapter is to protect and enhance the water
quality of our water courses and water bodies in a manner pursuant
to and consistent with the Clean Water Act and to ensure the future
health, safety and general welfare of the City of Firebaugh and its
citizens by:
[Ord. #93-8, S1]
a.
Any terms defined in the Federal Clean Water Act and acts amendatory
thereof or supplementary thereto, and/or defined in the regulations
for the storm water discharge permitting program issued by the Environmental
Protection Agency on November 16, 1990 (as may from time to time be
amended) as used in this chapter shall have the same meaning as in
that statute or those regulations. Specifically, the definition of
the following terms included in that statute and those regulations,
as now applicable or as may hereafter be amended, are hereby incorporated
by reference namely, "discharge," "illicit discharge," "pollutant,"
and "storm water." These terms presently are defined as follows:
1.
DISCHARGE – shall mean (a) any addition of any pollutant to
navigable waters from any point source or (b) any addition of any
pollutant to the waters of the contiguous zone or the ocean from any
point source other than a vessel or other floating craft.
2.
ILLICIT DISCHARGE – shall mean any discharge to the City of Firebaugh storm drain system that is not composed entirely of storm water except discharges pursuant to an NPDES permit, discharges resulting from firefighting activities, and discharges further exempted at section 29-2.2 of this chapter.
3.
POLLUTANT – shall mean dredged soil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into water.
A pollutant shall also include any increment of increase in
the total volume or rate of storm water runoff resulting from any
activity or development occurring after the effective date of this
chapter.
4.
STORM WATER– shall mean storm water runoff, snow melt runoff,
and surface runoff and drainage.
b.
When used in this chapter, the following words shall have the meanings
ascribed to them in this subsection:
1.
DIRECTOR OF PUBLIC WORKS – shall mean the Director of Public
Works of the City of Firebaugh.
2.
AUTHORIZED ENFORCEMENT OFFICER OR OFFICERS– shall mean authorized
enforcement officers shall be the director of public works and those
individuals designated by the director of public works as authorized
enforcement officers.
3.
BEST MANAGEMENT PRACTICES ("BMPS") – shall mean schedules of
activities, prohibitions of practices, general good housekeeping practices,
pollution prevention practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly into "waters of the United States." BMPs also
include treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks of sludge or waste
disposal, or drainage from raw material storage.
4.
CITY – shall mean the City of Firebaugh.
5.
CITY STORM DRAIN SYSTEM – shall mean and include but is not
limited to those facilities within the city by which storm water may
be conveyed to the waters of the United States, including any roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels or storm drains.
6.
NONSTORM WATER DISCHARGE – shall mean any discharge that is
not entirely composed of storm water.
7.
PREMISES – shall mean any building, lot, parcel, real estate,
or land or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
[Ord. #93-8, S1]
This chapter shall be administered for the city by the director
of public works. Where storm drain facilities and/or watercourses
have been accepted for maintenance by the city or other public agency
legally responsible for certain watercourses, then the responsibility
for enforcing the provisions of this chapter may be assigned to such
agency (through contract or agreement executed by the city and such
agency) with respect to those watercourses for which they have accepted
maintenance.
[Ord. #93-8, S1]
This chapter shall be construed to assure consistency with the
requirements of the Federal Clean Water Act and acts amendatory thereof
or supplementary thereto, applicable implementing regulations, and
any amendment, revision or reissuance thereof.
[Ord. #93-8, S1]
If any portion of this chapter is declared invalid, the remaining
portions of this chapter are to be considered valid.
[Ord. #93-8, S1]
The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then pursuant to this chapter the city may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in section 29-1.2 above.
[Ord. #93-8, S1]
The discharge of nonstorm water discharges to the city storm
drain system is prohibited. All discharges of material other than
storm water discharges must be in compliance with an NPDES permit
issued for the discharge.
[Ord. #93-8, S1]
The following discharges are exempt from the prohibition set forth in section 29-2.1 above.
a.
The prohibition of discharges shall not apply to any discharge regulated
under a National Pollution Discharge Elimination System (NPDES) permit
issued to the discharger and administered by the State of California
under the authority of the United States Environmental Protection
Agency, provided that the discharger is in full compliance with all
requirements of the permit and other applicable laws or regulations.
b.
Discharges from the following activities will not be considered a
source of pollutants to waters of the United States when properly
managed, and accordingly are not subject to the prohibition of discharges:
water line flushing and other discharges from potable water sources,
landscape irrigation and lawn watering, irrigation water, diverted
stream flows, rising ground waters, infiltration to separate storm
drains, uncontaminated pumped ground water, foundation and footing
drains, water from crawl space pumps, air conditioning condensation,
springs, individual residential car washings, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges or flows
from firefighting.
[Ord. #93-8, S1]
Any discharge that would result in or contribute to a violation
of this chapter or any active city NPDES permit and any amendment,
revision or reissuance thereof, either separately considered or when
combined with other discharges, is prohibited. Liability for any such
discharge shall be the responsibility of the person or persons causing
or responsible for the discharge, and such person or persons shall
defend, indemnify and hold harmless the city in any administrative
or judicial enforcement action relating to such discharge.
[Ord. #93-8, S1]
It is prohibited to establish, use, maintain, or continue illicit
drainage connections to the city storm drain system, and to commence
or continue any illicit discharges to the city storm drain system.
This prohibition is expressly retroactive and applies to connections
made in the past, regardless of whether made under a permit or other
authorization or whether permissible under the law or practices applicable
or prevailing at the time of the connection.
[Ord. #93-8, S1]
Any person engaged in activities which will or may result in
pollutants entering the city storm drain system shall undertake all
practicable measures to reduce such pollutants. Examples of such activities
include ownership and use of facilities which may be a source of pollutants
such as streets and the like. The following minimum requirements shall
apply:
a.
Littering. No person shall throw, deposit, leave, maintain, keep,
or permit to be thrown, deposited, placed, left or maintained, any
refuse, rubbish, garbage, or other discarded or abandoned objects,
articles, and accumulations, in or upon any street, alley, sidewalk,
storm drain, inlet, catch basin, conduit or other drainage structures,
business place, or upon any public or private plot of land in the
city, so that the same might be or become a pollutant, except in containers
or in lawfully established waste disposal facilities. The occupant
or tenant, or in the absence of an occupant or tenant, the owner,
lessee, or proprietor of any real property in the city in front of
which there is a paved sidewalk shall maintain said sidewalk free
of dirt or litter to the maximum extent practicable. Sweepings from
said sidewalk shall not be swept or otherwise made or allowed to go
into the gutter or roadway, but shall be disposed of in receptacles
maintained on said real property as required for the disposal of garbage.
No person shall throw or deposit litter in any fountain, pond,
lake, stream, or any other body of water in a park or elsewhere within
the city.
b.
Standard for Parking Lots and Similar Structures. Persons owning
or operating a parking lot, gas station pavement or similar structure
having impermeable surfaces, shall clean those structures as frequently
and thoroughly as practicable in a manner that does not result in
discharge of pollutants to the city storm drain system.
c.
Best Management Practices for New Developments and Redevelopments.
Any construction contractor performing work in the city shall endeavor,
whenever possible, to provide filter materials at the catch basin
to retain any debris and dirt flowing into the city's storm drain
system. The director of public works may adopt regulations establishing
controls on the volume and rate of storm water runoff from new developments
and redevelopments as may be appropriate to minimize the discharge
and transport of pollutants.
d.
Notification of Intent and Compliance with General Permits. Each
industrial discharger, discharger associated with construction activity,
or other discharger, described in any general storm water permit addressing
such discharges, as may be adopted by the United States Environmental
Protection Agency, the State Water Resources Control Board, or the
California Regional Water Quality Control Board, Central Valley Region,
shall provide notice of intent, comply with, and undertake all other
activities required by any general storm water permit applicable to
such discharges.
Each discharger identified in an individual NPDES permit relating
to storm water discharges shall comply with and undertake all activities
required by such permit.
e.
Compliance with Best Management Practices. Where best management
practices, guidelines or requirements have been adopted by any federal,
State of California, regional, and/or city agency, for any activity,
operation, or facility which may cause or contribute to storm water
pollution or contamination, illicit discharges, and/or discharges
of nonstorm water to the storm water system, every person undertaking
such activity or operation, or owning or operating such facility shall
comply with such guidelines or requirements as may be identified by
the director of public works.
[Ord. #93-8, S1]
Every person owning property through which a watercourse passes,
or such person's lessee or tenant, shall keep and maintain that
part of the watercourse within the property reasonably free of trash,
debris, excessive vegetation, and other obstacles which would pollute,
contaminate, or significantly retard the flow of water through the
watercourse; shall maintain existing privately owned structures within
or adjacent to a watercourse, so that such structures will not become
a hazard to the use, function, or physical integrity of the watercourse;
and shall not remove healthy bank vegetation beyond that actually
necessary for said maintenance, nor remove said vegetation in such
a manner as to increase the vulnerability of the watercourse to erosion.
No person shall commit or cause to be committed any of the following
acts, unless a written permit has first been obtained from the director
of public works:
a.
Discharge into or connect any pipe or channel to a watercourse;
b.
Modify the natural flow of water in a watercourse;
c.
Carry out development within 30 feet of the center line of any creek
or 20 feet of the top of a bank whichever is greater;
d.
Deposit in, plant in, or remove any material from a watercourse including
its banks, except as required for necessary maintenance;
e.
Construct, alter, enlarge, connect to, change, or remove any structure
in a watercourse; or
f.
Place any loose or unconsolidated material along the side of or within
a watercourse or so close to the side as to cause a diversion of the
flow, or to cause a probability of such material being carried away
by storm waters passing through such watercourse. The director of
public works may adopt regulations to clarify and implement the requirements
of this section.
[Ord. #93-8, S1]
Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever an authorized enforcement
officer has reasonable cause to believe that there exists in any building
or upon any premises any condition which constitutes a violation of
the provisions of this chapter, the officer may enter such building
or premises at all reasonable times to inspect the same or perform
any duty imposed upon the officer by this chapter; provided that (i)
if such building or premises be occupied, he or she shall first present
proper credentials and request entry; and (ii) if such building or
premises be unoccupied, he or she shall first make a reasonable effort
to locate the owner or other persons having charge or control of the
building or premises and request entry.
Any such request for entry shall state that the property owner
or occupant has the right to refuse entry and that in the event such
entry is refused, inspection may be made only upon issuance of a search
warrant by a duly authorized magistrate except as permitted for emergency
or open space inspections. In the event the owner and/or occupant
refuses entry after such request has been made, the officer is hereby
empowered to seek assistance from any court of competent jurisdiction
in obtaining such entry.
Any circumstance where there appears an immediate threat to
the public health or safety is an emergency situation. In an emergency
situation, any authorized enforcement officer may enter any structure
or premises without the consent of any person and without court process.
In any circumstance when it is necessary for the purposes of
investigating or enforcing the provisions of this chapter, any authorized
enforcement officer may enter open space areas without forcing entry.
Said officer may enter such premises at any time to inspect the same,
or to perform any duty imposed by law.
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 random sampling and/or
sampling in areas with evidence of storm water contamination, illicit
discharges, discharge of nonstorm water to the storm water system,
or similar factors.
a.
Authority to Sample and Establish Sampling Devices. With the consent
of the owner or occupant or pursuant to a search warrant, any authorized
enforcement officer may establish on any property such devices as
are necessary to conduct sampling or metering operations. During all
inspections as provided herein, the officer may take any samples deemed
necessary to aid in the pursuit of the inquiry or in the recordation
of the activities on-site. Emergency or open space samplings may be
conducted by any authorized enforcement officer without the consent
of the owner or occupant and without a search warrant.
b.
Notification of Spills. All persons in charge of a facility or responsible
for emergency response for a facility, have a personal responsibility
to train facility personnel and maintain notification procedures to
assure immediate notification is provided to city of any suspected,
confirmed or unconfirmed release of material, pollutants or waste
creating a risk of discharge into the city storm drain system.
As soon as any person in charge of a facility or responsible
for emergency response for a facility has knowledge of any suspected,
confirmed or unconfirmed release of materials, pollutants or waste
which may result in pollutants or nonstorm water discharge entering
the city storm drain system, such person shall take all necessary
steps to ensure the discovery and containment and cleanup of such
release and shall notify the city of the occurrence by telephoning
and confirming the notification by correspondence to Director of Public
Works, 1575 11th Street, Firebaugh, CA 93622, Attn.: Spill Notification.
c.
Requirement to Test or Monitor. Any authorized enforcement officer
may request that any person engaged in any activity and/or owning
or operating any facility which may cause or contribute to storm water
pollution or contamination, illicit discharges, and/or discharges
of nonstorm water to the storm water system, undertake such monitoring
activities and/or analyses and furnish such reports as the officer
may specify. The burden, including costs, of these activities, analyses
and reports shall bear a reasonable relationship to the need for the
monitoring, analyses and reports and the benefits to be obtained.
The recipient of such request shall undertake and provide the monitoring,
analyses and reports required. In the event the owner or operator
of a facility subject to a monitoring and/or analyses order fails
to conduct required monitoring and/or analyses and furnish required
reports in the form required, the authorized enforcement officer may
cause such monitoring and/or analyses and the cost, by the city shall
be borne by the owner of the property and the cost thereof shall be
a lien upon and against the property. Such lien shall continue in
existence until the same shall be paid. If the lien is not satisfied
by the owner of the property within three months after the completion
by an authorized enforcement officer of the required monitoring and/or
analyses and reports, the property may be sold in satisfaction thereof
in a like manner as other real property is sold under execution.
[Ord. #93-8, S1]
"Unless otherwise specified by ordinance, the violations of
any provision of this chapter, or failure to comply with any of the
mandatory requirements of this chapter, shall constitute a misdemeanor;
except that notwithstanding any other provisions of this chapter,
any such violation constituting a misdemeanor under this chapter may,
at the discretion of the authorized enforcement officer, be charged
and prosecuted as an infraction.
[Ord. #93-8, S1]
Upon conviction of a misdemeanor, a person shall be subject
to payment of a fine or imprisonment, or both, not to exceed the limits
set forth in section 36901 of the California Government Code. Upon
conviction of an infraction, a person shall be subject to payment
of a fine, not to exceed the limits set forth in section 36900 of
the California Government Code. After a third conviction for a violation
of the same provision subsequent violations within a twelve-month
period may be charged as a misdemeanor.
[Ord. #93-8, S1]
Unless otherwise provided, a person, firm, corporation or organization
shall be deemed guilty of a separate offense for each and every day
during any portion of which a violation of this chapter is committed,
continued or permitted by the person, firm, corporation or organization
and shall be punishable accordingly as herein provided.
[Ord. #93-8, S1]
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter shall constitute a violation of such
provision.
[Ord. #93-8, S1]
Any person who violates any provision of this chapter, any provision
of any permit issued pursuant to this chapter, or who discharges waste
or wastewater which causes pollution, or who violates any cease and
desist order, prohibition, or effluent limitation, may also be in
violation of the Federal Clean Water Act and/or Porter-Cologne Act
and may be subject to the sanctions of those Acts including civil
and criminal penalty. Any enforcement action authorized under this
chapter should also include notice to the violator of such potential
liability.
[Ord. #93-8, S1]
In addition to the penalties hereinbefore provided, any condition
caused or permitted to exist in violation of any of the provisions
of this chapter is a threat to the public health, safety and welfare,
is declared and deemed a nuisance, may be summarily abated and/or
restored by any authorized enforcement, and/or civil action to abate,
enjoin or otherwise compel the cessation of such nuisance may be taken
by city counsel.
The cost of such abatement and restoration shall be borne by
the owner of the property and the cost thereof shall be a lien upon
and against the property and such lien shall continue in existence
until the same shall be paid. If the lien is not satisfied by the
owner of the property within three months after the completion by
the authorized enforcement officer of the removal of the nuisance
and the restoration of the property to its original condition, the
property may be sold in satisfaction thereof in a like manner as other
real property is sold under execution.
If any violation of this chapter constitutes a seasonal and
recurrent nuisance, the director of public works shall so declare.
Thereafter such seasonal and recurrent nuisance shall be abated every
year without the necessity of any further hearing.
In any administrative or civil proceeding under this chapter
in which the city prevails, the city shall be awarded all costs of
investigation, administrative overhead, out-of-pocket expenses, costs
of administrative hearings, costs of suit and reasonable attorney's
fees.
[Ord. #93-8, S1]
The provisions of section 1094.6 of the California Code of Civil
Procedure are applicable to judicial review of county decisions pursuant
to this chapter.
[Ord. #93-8, S1]
In addition to any other remedies provided in this section,
any violation of this section may be enforced by civil action brought
by the city.
In any such action, the city may seek, and the court shall grant,
as appropriate, any or all of the following remedies:
a.
A temporary and/or permanent injunction.
b.
Assessment of the violator for the costs of any investigation, inspection,
or monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing legal action
under this subsection.
c.
Costs incurred in removing, correcting, or terminating the adverse
effects resulting from the violation.
d.
Compensatory damages for loss or destruction to water quality, wildlife,
fish and aquatic life. Assessments under this subsection shall be
paid to the city to be used exclusively for costs associated with
monitoring and establishing storm water discharge pollution control
systems and/or implementing or enforcing the provisions of this chapter.
[Ord. #93-8, S1]
In addition to the other enforcement powers and remedies established
by this chapter, any authorized enforcement officer has the authority
to utilize the following administrative remedies:
a.
Cease and Desist Orders. When an authorized enforcement officer finds
that a discharge has taken place or is likely to take place in violation
of this chapter, the officer may issue an order to cease and desist
such discharge, or practice, or operation likely to cause such discharge
and direct that those persons not complying shall: a) comply with
the requirement, b) comply with a time schedule for compliance, and/or
c) take appropriate remedial or preventive action to prevent the violation
from recurring.
b.
Notice to Clean. Whenever an authorized enforcement officer finds
any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish,
refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land
or grounds, which may result in an increase in pollutants entering
the city storm drain system, he or she may give notice to remove such
oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse,
waste or other material, in any manner that he or she may reasonably
provide. The recipient of such notice shall undertake the activities
as described in the notice.
In the event the owner or operator of a facility fails to conduct
the required activities as described in the notice, the authorized
enforcement officer may cause such required activities as described
in the notice. The cost of such activities shall be borne by the owner
of the property and the cost thereof shall be a lien upon and against
the property. Such lien shall continue in existence until the same
shall be paid. If the lien is not satisfied by the owner of the property
within three months after the completion by the authorized enforcement
officer of the required activities, the property may be sold in satisfaction
thereof in a like manner as other real property is sold under execution.
[Ord. #93-8, S1]
Authorized enforcement officers shall have and are hereby vested with the authority to arrest or cite and release any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).
Such authorized enforcement officers or employees may issue
a citation and notice to appear in the manner prescribed by Chapter
5c of Title 3, Part 2 of the Penal Code, including section 853.6 (or
as the same may hereafter be amended). It is the intent of the city
that the immunities prescribed in section 836.5 of the Penal Code
be applicable to public officers or employees or employees acting
in the course and scope of employment pursuant to this chapter.
Bail for infractions shall be set by city resolution.
[Ord. #93-8, S1]
Remedies under this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
[Ord. #93-8, S1]
Any person, firm, corporation or organization required to perform
monitoring, analyses, reporting and/or corrective activities by an
authorized enforcement officer who is aggrieved by the decision of
the authorized enforcement officer may appeal such decision to the
director of public works within 10 days following the effective date
of the decision by writing to the director of public works. Upon receipt
of such request, the director of public works shall request a report
and recommendation from the authorized enforcement officer and shall
set the matter for hearing at the earliest practical date. At said
hearing, the director of public works may hear additional evidence,
and may reject, affirm or modify the authorized enforcement officer's
decision. Said decision shall be final. The provision of appeal as
described herein does not include any requirement to perform monitoring,
analyses, reporting and/or corrective activities arising from an emergency
situation.
[Ord. #93-8, S1]
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 imply that
compliance will ensure that there will be no unauthorized discharge
of pollutants into the waters of the United States. This chapter shall
not create liability on the part of the city, any officer or employee
thereof for any damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
[Ord. #93-8, S1]
The first revision of the business plan for any facility subject
to the city's hazardous materials inventory and response program
shall include a program for compliance with this chapter, including
the prohibitions on non-storm water discharges and illicit discharges,
and the requirement to reduce storm water pollutants to the maximum
extent practicable.
