[Ord. No. 1153, § 29.01; Ord. No. 1231-15.]
This chapter shall be known as the City "Storm Water Management
and Discharge Control Ordinance" and may be cited as such.
[Ord. No. 1153, § 29.02; Ord. No. 1231-15.]
(a)
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the citizens of the City by controlling
non-storm water discharges to the storm water conveyance system from
spills, dumping or disposal of materials other than storm water, and
by reducing pollutants in urban storm water discharges to the maximum
extent practicable.
(b)
This chapter is intended to assist in the protection and enhancement
of the water quality of watercourses, water bodies and wetlands in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. §§ 1251 et seq.), by reducing pollutants
in storm water discharges to the maximum extent practicable, and by
prohibiting non-storm water discharges into the storm drain system.
[Ord. No. 1153, § 29.03; Ord. No. 1231-15.]
For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates a different meaning.
Means schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and education
practices, maintenance procedures, and other management practices
designed to prevent or reduce, to the maximum extent practicable,
the discharge of pollutants directly or indirectly to waters of the
United States (33 CFR Section 328.3). "Best management practices"
also include treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste disposal,
and drainage from raw material storage. BMPs are required to be implemented
and maintained in a manner that is consistent with the California
Storm Water Quality Association (CASQA) Best Management Practice Handbooks
or equivalent guidelines.
Means the City of Oakdale.
Means the Federal Water Pollution Control Act (33 U.S.C.
§§ 1251 et seq.) and any subsequent amendments thereto.
Includes any public or private projects involving roadwork,
paving, utility installation, structural construction (new or redevelopment),
demolition, grading, excavation, or landscaping that has soil disturbance
or has pollutants exposed to storm water. It does not include routine
maintenance to maintain original line and grade, hydraulic capacity,
or original purposes of a facility, nor does it include emergency
construction activities required to immediately protect public health
and safety.
Means any new construction, rehabilitation, redevelopment
or reconstruction of any public or private residential project (whether
single- or multifamily planned unit development); industrial, commercial,
retail and other nonresidential projects, including public agency
projects; or grading for future construction.
Means a documented employee training program that may be
required to be implemented by a business pursuant to a storm water
pollution prevention plan, for the purpose of educating its employees
on methods of reducing discharge of pollutants to the storm water
conveyance system.
Means the City of Oakdale.
Means the Director of Public Services, or his or her designee,
or any agent of the City authorized to enforce compliance with this
chapter.
Means any material, including any substance, waste or combination
thereof, that, because of its quality, 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 (Cal. Health
& Safety Code § 25117).
Means any discharge to the storm water conveyance system
that violates this chapter, or is prohibited by Federal, State or
local laws, or that degrades the quality of receiving waters in violation
of any plan standard.
Means physical connection to the storm water conveyance system
that is not authorized by the City and/or the Central Valley Regional
Water Quality Control Board.
Means activities subject to NPDES industrial permits as defined
in 40 C.F.R. § 122.26 (b)(14).
Means a permit issued by the Regional Water Quality Control
Board or the State Water Resources Control Board, pursuant to Division
7, Chapter 5.5 of the Cal. Water Code (commencing with § 13370),
to control discharges from point sources to waters of the United States.
Means the washing and rinsing of passenger vehicles on private
property in which no commercial enterprise or non-profit fundraising
is being conducted in the washing of those vehicles.
Means any discharge to the storm water conveyance system
that is not entirely composed of storm water.
Means any person, firm, corporation, business entity, or
public agency, whether principal, agent, employee or otherwise.
Means any or all applicable requirements of the basin plan
or any other approved plan.
Means any contaminant that can degrade the quality of the
receiving water in violation of any plan standard.
Means the Public Services Director of the City of Oakdale.
Means surface runoff and drainage associated with storm events,
which is free of pollutants to the maximum extent practicable.
Means those artificial and natural facilities within the
City, whether publicly or privately owned, by which storm water may
be conveyed to a watercourse or waters of the United States, including
any roads, streets, catch basins, natural and artificial channels,
aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields,
parking lots, impervious surfaces used for parking, and natural and
artificial channels or storm drains.
Means a document that describes the best management practices
to be implemented by the owner or operator of a business, commercial
development, residential development, or construction project to eliminate
non-storm water discharges and/or to reduce, to the maximum extent
practicable (as defined by the State of California Regional Water
Quality Control Board), pollutant discharges to the storm water conveyance
system.
Means all water naturally open to the atmosphere (rivers,
lakes, reservoirs, ponds, streams, impoundments, seas, estuaries,
etc.) and all springs, wells, or other collectors directly influenced
by surface water.
Means any natural stream, whether flowing continuously or
not, that is fed from permanent or natural sources, and includes,
without limitation, rivers, creeks, runs and rivulets.
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 chapter, have the same meaning as set forth in such act
or regulation.
[Ord. No. 1153, § 29.04; Ord. No. 1231-15.]
(a)
Except as provided in section 29-6, it is unlawful for any person to make or cause to be made any non-storm water discharge.
(b)
Notwithstanding the exemptions provided for by section 29-6, if the Central Valley Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any plan standard, or conveys significant quantities of pollutants to surface waters or watercourses, or is a danger to public health or safety, such discharge shall be prohibited.
[Ord. No. 1153, § 29.05; Ord. No. 1231-15.]
Subject to the authority granted to the Regional Water Quality Control Board and the enforcement official in section 29-5, the following discharges to the storm water conveyance system are exempt from the prohibition set forth in section 29-5.
(a)
Any discharge of connections regulated under a NPDES permit issued
to the discharger and administered by the state to Division 7, Chapter
5.5 of the Cal. Water Code, provided that the discharger is in compliance
with all requirements of the permit and all other applicable laws
and regulations;
(b)
Discharges from the following activities, which do not cause or contribute
to the violation of any plan standard:
(1)
Water line flushing and other discharges from potable water sources;
(2)
Incidental runoff from landscaped areas defined as unintended amounts
(volume) of runoff, such as unintended, minimal over-spray from sprinklers
that escapes the area of intended use;
(3)
Rising groundwaters or springs;
(4)
Passive foundation and footing drains;
(5)
Water from crawl space pumps and basement pumps;
(6)
Air conditioning condensation;
(7)
Individual residential car washing on private property in which no
commercial enterprise or non-profit fundraising is being conducted
in the washing of those vehicles;
(8)
Natural flows from riparian habitats and wetlands;
(9)
Dechlorinated swimming pool discharges;
(10)
Flows from fire suppression activities, including fire hydrant
flows;
(11)
Waters not otherwise containing wastes as defined in Cal. Water
Code § 13050(d) and Cal. Health & Safety Code § 25117;
(12)
Diverted stream flows;
(13)
Uncontaminated groundwater infiltration to separate storm sewers;
(14)
Any discharge that the enforcement official, the local health
officer or the Regional Water Quality Control Board determines, in
writing, is necessary for the protection of the public health and
safety;
(15)
Any discharge caused by flooding or other natural disaster,
which could not have been reasonably foreseen or mitigated for in
advance by the discharger, as determined by the enforcement official.
[Ord. No. 1153, § 29.06; Ord. No. 1231-15.]
Discharges of pumped groundwater not subject to a NPDES permit
may be permitted to discharge into the storm water conveyance system,
upon written approval from the City and in compliance with conditions
of approval set forth by the City.
[Ord. No. 1153 § 29.07; Ord. No. 1231-15.]
Prohibition of Illicit Connections.
(a)
The construction, use, maintenance or continued existence of illicit
connections to the 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.
[Ord. No. 1153, § 29.08; Ord. No. 1231-15.]
Causing, permitting, allowing, aiding, abetting or concealing
a violation of any provision of this chapter shall constitute a violation
of this chapter.
[Ord. No. 1153, § 29.09; Ord. No. 1231-15.]
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 that 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 (33 U.S.C. §§ 1251
et seq.) and/or Porter-Cologne Water Quality Control Act (Cal. Water
Code Section §§ 13000 et seq.), and may be subject
to the sanctions of those acts, including civil and criminal penalties.
Reserved by Ordinance No. 1231-15.
[Ord. No. 1153, § 29.11; Ord. No. 1231-15.]
Any person engaged in activities that may result in pollutants
entering the storm water conveyance system shall, to the maximum extent
practicable, undertake the measures set forth below to reduce the
risk of non-storm water discharge and/or pollutant discharge.
(a)
Business-related activities.
(1)
Storm Water Pollution Prevention Plan. The enforcement official
may require any business in the City engaged in activities that may
result in pollutant discharges to develop and implement a storm water
pollution prevention plan, which shall include an employee training
program. An employee training program is a documented employee training
program that may be required to be implemented by a business pursuant
to a storm water pollution prevention plan, for the purpose of educating
its employees on methods of reducing discharge of pollutants to the
storm water conveyance system. Business activities that may require
a storm water pollution prevention plan include, but are not limited
to, maintenance, storage, manufacturing, assembly, equipment operations,
vehicle loading or fueling, or cleanup procedures carried out partially
or wholly out of doors.
(2)
Coordination with hazardous materials release response plans
and inventory. Any business requiring a hazardous materials release
response and inventory plan, under Chapter 6.95 (commencing with § 25500)
of Division 20 of the Cal. Health & Safety Code, shall include
in that plan provisions for compliance with this chapter, including
the provisions prohibiting non-storm water discharges and illegal
discharges, and requiring the release of pollutants to be reduced
to the maximum extent practicable.
(3)
Coordination with hazardous waste generator contingency plan
and emergency procedures. Any business requiring a hazardous waste
generator contingency plan and emergency procedures, pursuant to Cal.
Code of Regulations, Title 22, §§ 66265.51 to 66265.56,
shall include in that plan provisions for compliance with this chapter,
including the provisions prohibiting non-storm water discharge and
illegal discharges, and requiring the release of pollutants to be
reduced to the maximum extent practicable.
(b)
Construction.
(1)
Any person performing construction activities in the City shall
prevent pollutants from entering the storm water conveyance system
and comply with all applicable Federal, State and local laws, ordinances
or regulations, including but not limited to, the current California
NPDES General Permit for storm water discharges associated with construction
activity (Construction General Permit) and the City Storm water Management
and Discharge Control Ordinance. All construction projects, regardless
of size, having soil disturbance or activities exposed to storm water
must, at a minimum, implement BMPs for erosion and sediment controls,
soil stabilization, dewatering, source controls, pollution prevention
measures, and prohibited discharges.
(2)
Any person subject to a construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit.
Proof of compliance with said permit may be required in a form acceptable
to the enforcement official prior to, or as a condition of, a subdivision
map, site plan, building permit, grading permit, or development or
improvement plan, upon inspection of the facility, during any enforcement
proceeding or action, or for any other reasonable cause. Prior to
issuance of a construction permit or approval of the proposed improvement
plans, for projects subject to the State's current Construction
NPDES General Permit, the WDID number and the SWPPP shall be submitted
to the City. For projects with less than an acre of soil disturbance
or not subject to the Construction General Permit, an Erosion and
Sediment Control Plan (ESCP) and the ESCP Worksheet must be submitted
to the City.
(3)
As required by its Phase II MS4 NPDES Permit, the City will
conduct storm water compliance inspections at applicable construction
sites that have areas of soil disturbance exposed to storm water.
The inspection will be conducted by a City inspector or agent working
for the City who is a Qualified SWPPP Practitioner (QSP) or is supervised
by a QSP. The inspection will evaluate the construction site's
compliance to the City's storm water ordinances. Inspections
will be billed by the City to the project owner. The following is
the risk rating system and inspection frequency the City will use,
which is analogous to the risk rating used by the California Construction
General Permit.
• Projects not subject to the CGP or that have an Erosivity
Waiver will have a pre-soil disturbance inspection and a project completion
inspection.
• Projects that are Risk 1 / LUP Type 1 or Risk 2 / LUP
Type 2 will have a pre-soil disturbance inspection, monthly inspections,
and a project completion inspection.
• Projects that are Risk 3 / LUP Type 3 will have a pre-soil
disturbance inspection, bi-monthly (twice per month) inspections,
and a project completion inspection.
If a project has been issued two consecutive notices of violation
or does not correct a previously issued notice of violation by the
due date set by the inspector, the project's "threat to water
quality" will be elevated by the City to the next highest category.
This elevation of risk will not affect the risk rating for the Construction
General Permit.
(c)
Development.
(1)
The enforcement official may develop controls as appropriate
to minimize the long-term, post-construction discharge of storm water,
low impact development measures, and/or hydromodification measures
to offset the difference between the pre and post-construction peak
flow runoff rates and volumes. Proponents of all applicable development
and redevelopment projects will be required to meet the requirements
and design standards specified in the current State of California
Phase II MS4 NPDES Permit and as described in further detail in the
City's current Post-Construction Standards Plan.
(2)
At the earliest planning stages, project proponents shall assess
and evaluate how site conditions, such as soils, vegetation, and flow
paths will influence the placement of buildings and paved surfaces.
The evaluation will be used to optimize the site layout to meet the
goals of capturing and treating runoff. Each project proponent will
submit a map of the project dividing the site into discrete drainage
management areas to show in each how runoff will be managed using
site design measures, source controls, treatment controls, and hydromodification
measures as defined by the current MS4 permit. All site design measures,
source controls, treatment controls, and hydromodification measures
must be selected, sized, and situated in accordance with the guidance
provided in the current MS4 permit and the City's current Post-Construction
Standards Plan. Documentation of the site's post-construction
storm water design measures must be submitted to the City's Planning
Department for review and approval prior to the commencement of the
project.
(3)
Project proponents must sign an operation and maintenance agreement
in which they legally bind themselves to maintain the installed post-construction
design measures in an effective and good operational condition until
the property ownership is transferred. A written operation and maintenance
plan for the proposed storm water design measures is required to be
submitted to and approved by the City with the signed agreement. The
agreement will be recorded with the deed by the County Clerk making
it transferable to the new owner; or, when there are multiple property
owners responsible for the maintenance of the control measures, the
agreement will consist of a legally binding covenant between the City
and the homeowners association or maintenance district. The owner
or association responsible for the maintenance of the control measures
may be required by the City to submit an annual self-certification
that the storm water control measures are effective and are being
maintained in accordance with the submitted and approved Operation
and Maintenance Plan.
(4)
Pollutants.
(d)
Compliance with Industrial and Construction Activity Storm Water
Permits.
(1)
Any person subject to the State's current Industrial NPDES
General Permit for storm water discharge shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the enforcement official upon inspection of
the facility; during any enforcement proceeding or action; or for
any other reasonable cause.
(2)
Any person subject to the State's current Construction
NPDES General Permit for storm water discharge shall comply with all
provisions of such permit. Proof of compliance with said permit may
be required in a form acceptable to the enforcement official prior
to or as a condition of a subdivision map, site plan, building permit,
and development or improvement plan; upon inspection of the facility;
during any enforcement proceeding or action; or for any other reasonable
cause.
(e)
Compliance with Best Management Practices. Every person or entity,
including the above-listed categories, undertaking any activity or
use of premises that may cause or contribute to storm water pollution
or contamination or illicit discharges shall comply with best management
practice (BMPs) consistent with the California Storm Water Quality
Association (CASQA) Best Management Practice Handbooks or equivalent
guidelines.
[Ord. No. 1231-15.]
(a)
Any person owning or occupying a premises, who has knowledge of any
release of pollutants or non-storm water discharge from or across
those premises that might enter the storm water conveyance system,
other than a release or discharge that is permitted by this chapter,
shall immediately take all reasonable action to contain and abate
the release of pollutants or non-storm water discharge, and shall
notify the enforcement agency within twenty-four hours of the release
of pollutants or non-storm water discharge.
(b)
For the purpose of containment, all vehicles within one hundred feet
of a storm water management facility shall be stored and parked on
a paved surface capable of containing all reasonably expected discharges
from vehicles to the satisfaction of the Director of Public Services.
[Ord. No. 1153, § 29.13; Ord. No. 1231-15.]
(a)
Right of entry.
(1)
Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever an authorized enforcement
official has reasonable cause to believe that there exists in any
building or upon any premises any condition constituting a violation
of this chapter, the enforcement official 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.
(2)
Any 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 upon issuance of a warrant
issued by a court of competent jurisdiction.
(3)
In the event the owner or occupant refuses entry after such
request has been made, the enforcement official is empowered to seek
assistance from any court of competent jurisdiction in obtaining such
entry.
(b)
Sampling methods. 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, illegal
discharge, non-storm water discharge to the storm water conveyance
system, or similar factors.
(c)
Sampling authority.
(1)
During any inspection, the enforcement official may take samples
as necessary in order to implement and enforce the provisions of this
chapter.
(2)
This authority may include the installation of sampling and
metering devices on private property, or requiring the person owning
or occupying the premises to supply samples.
(d)
Monitoring, analysis and reporting authority.
(1)
The enforcement official may require monitoring, analysis and
reporting of discharges from any premises to the storm water conveyance
system.
(2)
Upon service of written notice by the enforcement official,
the burden, including cost, of these activities, analyses and reports
incurred in complying with the requirement shall, to the extent permitted
by law, be borne by the property owner or occupant of the facility
or activity for which testing and monitoring has been requested.
[Ord. No. 1153, § 29.14; Ord. No. 1231-15.]
(a)
General enforcement authority.
(1)
Except as otherwise provided herein, the Director of Public
Services shall administer, implement and enforce the provisions of
this chapter.
(2)
Any powers granted to or duties imposed upon the Director of
Public Services may be delegated by the Director of Public Services
to other City personnel.
(b)
Administrative enforcement powers. The enforcement official may also
exercise any of the following supplemental enforcement powers as may
be necessary or advisable in the enforcement official's judgment
under the circumstances.
(1)
Notice of violation (NOV).
a.
Whenever the enforcement official finds that any person owning
or occupying a premises has violated or is violating this chapter
or order issued hereunder, the enforcement official may serve a written
NOV upon such person, by personal service or by registered or certified
mail.
b.
Within thirty days of the receipt of this notice, or shorter
period as may be prescribed in the NOV, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
which shall include specific required actions, shall be submitted
to the enforcement official.
c.
Submission of this plan shall in no way relieve the person of
liabilities for violations occurring before or after receipt of the
NOV.
(2)
Cease and desist orders.
a.
The enforcement official may require any person owning or occupying
a premises to cease and desist all activities that may cause or contribute
to discharge in violation of this chapter.
(3)
Notice to clean and abate.
a.
The enforcement official may order the immediate abatement of
any discharge from any source to the storm water conveyance system
when, in the opinion of the enforcement official, the discharge causes
or threatens to cause a condition that presents an imminent danger
to the public health, safety, welfare or environment, or a violation
of a NPDES permit. Abatement and cleanup of spills, illicit discharges,
or dumping to the storm drainage system must occur within 72 hours
of notification; or sooner for high risk spills or discharges. For
areas of uncontrolled pollutant sources, abatement must be performed
within 30 days of notification.
b.
The enforcement official may also order abatement of activities
or practices that may reasonably result in such a violation.
(4)
Mitigation. The enforcement official shall have authority to
order the mitigation of circumstances that may result in or contribute
to illegal discharges or an active source of pollutants entering the
City's storm water conveyance system.
(5)
Storm Water Pollution Prevention Plan (SWPPP). The enforcement
official shall have the authority to establish elements of a SWPPP,
and to require any business to adopt and implement such a plan, as
may be reasonably necessary to fulfill the purposes of this chapter.
(6)
Best management practices. The enforcement official may establish
the requirements of best management practices for any premises.
(7)
Violations constituting misdemeanors. In addition to civil penalties
provided for in this chapter, any violation of this chapter may be
punishable as a misdemeanor.
(8)
Violations deemed a public nuisance.
a.
In addition to the penalties hereinbefore provided, any condition
caused or permitted to exist in violation of any of the provisions
of this chapter is a threat to the public health, safety or welfare,
and is thus deemed a nuisance.
b.
Any such nuisance may be summarily abated and/or restored by
any authorized personnel to pursue civil action(s), pursuant to subsection
(c) of this section, to abate, enjoin or otherwise compel the cessation
of the nuisance.
(9)
Cost recovery.
a.
The cost of the abatement and restoration shall be borne by
the owner of the property, and the cost therefore shall be invoiced
to the owner of the property.
b.
If the invoice is not paid within sixty days, the enforcement
official shall have the authority to place a lien upon and against
the property.
c.
If the lien is not satisfied within three months, the enforcement
official is authorized to take all legal measures as are available
to enforce the lien as a judgment, including, without limitation,
enforcing the lien in an action bought for a money judgment, or by
delivery to the county assessor of a special assessment against the
property in accordance with Cal. Gov't Code § 38773.5.
(11)
Costs of enforcement.
a.
If it prevails in any administrative, civil or criminal proceeding
initiated under this chapter, the City shall be entitled to seek reimbursement
for all costs incurred in connection with such proceeding.
b.
Such reimbursable expenses may include, but are not limited
to, costs of investigation, administrative overhead, out-of-pocket
expenses, costs of administrative hearings, and costs of suit.
c.
If any such costs are granted to the City, they shall be recoverable
pursuant to subsection (b)(9) of this section.
(c)
Civil action.
(1)
In addition to any other remedies provided in this chapter,
any violation of this chapter may be enforced by civil action brought
by the City attorney.
(2)
Monies recovered under this division 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.
(3)
In any such action, the City may seek, 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 that led to the establishment of the
violation, and for the reasonable costs of preparing and bringing
legal action under this division;
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.
e.
Referral of the discharger to the State Water Board.
f.
Referral of the discharger to the district attorney for criminal
prosecution.
(d)
Authority to arrest or issue citations.
(1)
Any authorized enforcement official shall have and is 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 described by Chapters 5, 5(c) and 5(d) of Title 3,
Part 2 of the California Penal Code (or as the same may hereafter
be amended).
(2)
Such authorized enforcement official may issue citations and
notice to appear in the manner prescribed by Chapter 5(c) of Title
3, Part 2 of the California Penal Code, including § 853.6
(or as the same may hereafter be amended).
(3)
It is the intent of the City council that the immunities prescribed
in Cal. Penal Code § 836.5 be applicable to public officers
or employees acting in the course and scope of employment pursuant
to this chapter.
(e)
Emergency orders and abatements.
(1)
The enforcement official may order the immediate abatement of
any discharge from any source to the storm water conveyance system
when, in the opinion of the enforcement official, the discharge causes
or threatens to cause a condition that presents an imminent danger
to the public health, safety, welfare or environment, or a violation
of a NPDES permit. Abatement and cleanup of spills, illicit discharges,
or dumping to the storm drainage system must occur within 72 hours
of notification; or sooner for high risk spills or discharges. For
areas of uncontrolled pollutant sources, abatement must be performed
within 30 days of notification.
(2)
In emergency situations, where the property owner or other responsible
party is unavailable and time constraints are such that service of
a notice and order to abate cannot be effected without presenting
an immediate danger to the public health, safety, welfare or environment,
or a violation of a NPDES permit, the City may perform or cause to
be performed such work as shall be necessary to abate the threat or
danger.
(3)
The costs of any such abatement shall be borne by the owner,
and shall be collectable in accordance with the provisions of subsection
(b)(9) of this section.
(4)
The enforcement official may order the immediate cessation of
any activities that cause an illicit discharge or cause or potentially
cause uncontrolled pollutants to enter the storm water conveyance
system when, in the opinion of the enforcement official, the activities
present an imminent danger to the public health, safety, welfare or
environment, or a violation of a NPDES permit. Activities may not
resume until the enforcement official has verified that the threat
to the environment and the City's MS4 has been abated.
[Ord. No. 1153, § 29.15; Ord. No. 1231-15.]
(a)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under section 29-20, within ten days of the decision of the City manager upholding the decision of the Public Services Director, then the City or a contractor designated by the public works director is authorized to enter upon the subject private property, and is authorized to take any and all measures necessary to abate the violation and/or restore the property.
(b)
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the City or designated contractor
to enter upon the premises for the purposes set forth above.
[Ord. No. 1153, § 29.16; Ord. No. 1231-15.]
The Public Services Director is authorized to require immediate
abatement of any violation of this chapter that constitutes an immediate
threat to the health, safety or general welfare of the public. If
any such violation is not abated immediately as directed, the City
or a contractor designated by the Public Services Director is authorized
to enter onto private property and to take any and all measures required
to abate the violation.
[Ord. No. 1153, § 29.17; Ord. No. 1231-15.]
(a)
Within thirty days after abatement of the nuisance by City, the Public
Services Director shall notify the property owner of the property
of the cost of abatement, including administrative costs.
(c)
If the amount due is not paid within ten days of the decision of
the City Council or the expiration of the time in which to file an
appeal under this section, the charges shall become a special assessment
against the property, and shall constitute a lien on the property
for the amount of the assessment.
(d)
A copy of the resolution shall be turned over to the county auditor
so that the auditor may enter the amounts of the assessment against
the parcel as it appears on the current assessment roll, and the tax
collector shall include the amount of the assessment on the bill for
taxes levied against the parcel of land.
[Ord. No. 1153, § 29.18; Ord. No. 1231-15.]
[Ord. No. 1153, § 29.19; Ord. No. 1231-15.]
[Ord. No. 1153, § 29.20; Ord. No. 1231-15.]
(a)
Any person served with a NOV, subject to a cease and desist order,
subject to an abatement order, required to perform monitoring, analysis,
reporting and/or other corrective activities by an authorized enforcement
official, or otherwise grieved by the decision of the authorized enforcement
official, may appeal the decision, within ten days following its effective
date, by filing a written appeal with the Public Services Director.
(b)
The Public Services Director shall request a report and recommendation
from the authorized enforcement official, and shall set the matter
for hearing at the earliest practical date.
(1)
Due notice of the hearing shall be provided to the person appealing
the decision of the authorized enforcement official.
(2)
At the hearing, the Public Services Director may hear additional
evidence, and may reject, affirm or modify the authorized enforcement
official's decision.
(3)
The Public Services Director's decision shall be final.
(c)
If all parties involved (at a minimum, the discharger and the City
enforcement official) agree that clean-up activities cannot be completed
within the original timeframe, a new timeframe may be set as long
as notification is made by the City to the Regional Water Quality
Control Board in writing within five business days of the determination
that the timeframe requires revision.
[Ord. No. 1153, § 29.21; Ord. No. 1231-15.]
(a)
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.
(b)
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.
(c)
This chapter shall not create liability on the part of the City,
or any officer or employee thereof, for any damages that result from
reliance on the Code or any administrative decision lawfully made
thereunder.
[Ord. No. 1153, § 29.22; Ord. No. 1231-15.]
The enforcement official is authorized to make any decision
on behalf of the City required or called for by this chapter.
[Ord. No. 1153, § 29.23; Ord. No. 1231-15.]
The provisions of Cal. Code Civ. Proc.§§ 1094.5
and 1094.6 are applicable to judicial review of City decisions pursuant
to this chapter.
[Ord. No. 1153, § 29.24; Ord. No. 1231-15.]
(a)
In the event of any conflict between this ordinance and any Federal
or State law, regulation, order or permit, the requirement that establishes
the higher standard for public health or safety shall govern.
(b)
To the extent permitted by law, nothing in this chapter shall preclude
enforcement of any other applicable law, regulation, order or permit.
[Ord. No. 1153, § 29.25; Ord. No. 1231-15.]
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
[Ord. No. 1153, § 29.26; Ord. No. 1231-15.]
This chapter shall take effect and be in full force thirty days
from and after its adoption, and prior to the expiration of fifteen
days thereof, a summary shall be published once in the Oakdale Leader,
a newspaper of general circulation, circulated and published in the
City of Oakdale, State of California. A certified copy of the full
text of such adopted ordinance or amendment shall be posted in the
office of the City clerk.
