This chapter is enacted pursuant to authority conferred by law
including, but not limited to, the Federal Clean Water Act (33 U.S.C.
1251, et seq.); the Code of Federal Regulations (CFR) Part 122; Porter
Cologne Act; and, National Pollutant Discharge Elimination System
No. CA 8000200 issued by the Regional Water Quality Control Board,
Santa Ana Region.
(Ord. 493 § 1, 1993)
A. The
purpose of this chapter is to promote the future health, safety and
general welfare by controlling and/or eliminating nonstormwater discharges
into the city storm drain system. This will be accomplished by eliminating
all nonpermitted discharges to the municipal separate storm sewers,
controlling the discharge to municipal separate storm sewers from
spills, dumping or disposal of materials other than stormwater, and
reducing pollutants in stormwater discharges to the maximum extent
practicable.
B. The
intent of this chapter is to protect and enhance the water quality
of our watercourses, water bodies, ground water and wetlands in a
manner pursuant to and consistent with federal, state and local laws
and regulations.
(Ord. 493 § 1, 1993)
The following definitions shall be used for purposes of this
chapter.
"BMP"
means any best management practice, best management guideline
or best management requirement as adopted by resolution and as applicable
to the storm drain system.
"Construction activity"
means any activity as defined by the State Water Resources
Board or the Regional Water Quality Control Board, Santa Ana Region,
whichever is more restrictive, that necessitates securing an NPDES
permit or NOI.
"Illegal discharge"
means any discharge to the stormwater drainage system that is not composed entirely of stormwater or contains constituents not provided for under Section
13.26.080.
"Illicit connection"
means any connection to the stormwater drainage system that
is not permitted pursuant to a valid NPDES permit or written approval
by the city.
"NPDES"
means the National Pollutant Discharge Elimination System.
"NPDES permit"
means any permit issued pursuant to the NPDES program under
the Federal Clean Water Act.
"NOI"
means a notice of intent to comply with an adopted NPDES
stormwater permit.
"Nonstormwater"
is any water not associated with storm runoff and that originates
on or traverses any property.
"Receiving water"
means all waters of the United States and tributaries of
waters of the United States that are used for recreational or other
purposes; from which fish or shell fish are taken; or which are used
for industrial purposes by industries in interstate commerce.
"Storm drain system"
means all of the property owned, leased or controlled by
the city and used directly or indirectly in the collection, conveyance,
storage or disposal of stormwater and including, but not limited to,
conduits, natural or artificial drains, channels, basins and watercourses,
together with appurtenances, pumping stations and equipment.
"Stormwater pollution prevention plan"
means the plan as described in the General Construction Activity
Stormwater Permit as issued by the State Water Resources Control Board
on August 20, 1992 and as may be amended.
"Swimming pool"
is any body of water created by artificial means designed
or used for swimming, immersion or therapeutic purposes.
(Ord. 493 § 1, 1993)
Except as otherwise provided herein, the public works director
for the city shall administer, implement and enforce the provisions
of this chapter. Any powers granted or duties imposed upon the public
works director may be delegated by the public works director to persons
acting in the beneficial interest of or in the employ of the city.
(Ord. 493 § 1, 1993)
Unless otherwise provided herein, any notice required to be
given by the public works director under this chapter shall be in
writing and served in person or by first class or registered or certified
mail. Notice shall be deemed to have been given at the time of deposit,
postage prepaid, in a facility regularly serviced by the United States
Postal Service.
(Ord. 493 § 1, 1993)
A. The
discharge or diversion of stormwater or nonstormwater is permissible
only when connection to the storm drain system is made in accordance
with a valid city permit, approved construction plan, or an NPDES
permit and/or an NOI, and the discharge conforms to the standards
of this chapter.
B. It
is prohibited to establish, use, maintain and/or continue any illicit
connections to the city storm drain system. This prohibition is 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.
C. Permits
are required for the construction or modification of any storm drain
or conveyor of drainage waters and appurtenant items within:
1. Dedicated
easements, rights-of-way or public place and/or facility;
2. Private
property so as it may directly or indirectly discharge into the storm
drain system. Indirect discharges include, but are not necessarily
limited to, under sidewalk drains, driveway approaches, and unrestricted
sheet flow.
(Ord. 493 § 1, 1993)
Without prior written approval of the public works director,
no person shall construct or modify or cause to be constructed or
modified any structure, facility or appurtenant items which may alter
the normal functioning of the storm drain system, including actions
which may alter the capacity, fall or structural integrity of a storm
drain, channel or related structures.
(Ord. 493 § 1, 1993)
It is prohibited to:
A. Discharge
directly or indirectly into the storm drain system any stormwater
or other solid, liquid or gaseous matter in violation of any law,
rule, regulation, permit, order or other requirement of any federal,
state, county, municipal or other governmental entity or agency.
B. Discharge
nonstormwater directly or indirectly to the storm drain system or
any street, lined or unlined drainage ditch which leads to a public
storm drain, unless such discharge is permitted by an NPDES permit
or a city permit. If such discharge is permitted by a NPDES permit,
but causes the city to violate any portion of its NPDES permit for
stormwater discharges, such discharge is also prohibited.
C. 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 lot of land in the city, so that the same might be or become
a pollutant.
D. Throw
or deposit litter in any fountain, pond, lake, stream or any other
body of water in a park or elsewhere within the city.
(Ord. 493 § 1, 1993)
The following discharges are exempt from the prohibited discharges listed in Section
13.26.080:
A. Waterline
flushing and other discharges from potable water sources; provided
that the chlorine residual in any heavily chlorinated water used to
disinfect water storage facilities or water mains is thoroughly neutralized
prior to contacting receiving waters;
B. Landscape
irrigation, lawn watering and irrigation water;
C. Diverted
stream flows, rising ground water, infiltration of separate storm
drains, springs, flows from riparian habitats and wetlands;
D. Uncontaminated
pumped ground water, foundation and footing drains, water from crawl
space pumps, air conditioning condensation;
E. Individual
residential car washing, de-chlorinated swimming pool discharges;
and
F. Flows
from fire fighting.
(Ord. 493 § 1, 1993)
A. Each
industrial discharger, discharger associated with construction activity
or other discharger, described in any general stormwater 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, Santa Ana Region,
shall provide NOI, comply with and undertake all other activities
required by any general NPDES stormwater permit applicable to such
discharges.
B. Each
discharger identified in an individual NPDES permit or discharge order
relating to stormwater discharges shall comply with and undertake
all activities required by such permit or order.
(Ord. 493 § 1, 1993)
Any person undertaking any activity or operation that causes
or contributes to illegal discharges or stormwater pollution shall
comply with all applicable BMPs.
(Ord. 493 § 1, 1993)
A user shall have an affirmative defense in any action brought against it alleging a violation of Section
13.26.080, where the user can demonstrate he or she did not know or have reason to know that the discharge, alone or in conjunction with a discharge or discharges from other sources would cause violation of the municipal NPDES stormwater permit.
(Ord. 493 § 1, 1993)
A. Spill
containment systems, as may be required, shall conform to requirements
established by the public works director. No person shall operate
a spill containment system that allows incompatible liquid to mix,
thereby creating hazardous or toxic substances in the event of failure
of one or more containers.
B. Spill
containment systems shall consist of a system of dikes, walls, barriers,
berms or other devices designed to contain spillage of the liquid
contents of containers. Spill containment systems shall be constructed
of impermeable and nonreactive materials to the liquids being contained.
C. Spilled
or leaked waste and accumulated precipitation shall be removed from
the spill containment system in as timely a manner as is necessary
to prevent overflow of the collection system. Unless otherwise approved
in writing by the public works director, all chemicals or wastes discharged
within the collection area shall be disposed of in accordance with
all applicable federal, state and local laws and regulations and not
discharged to the public sewer, the storm drain system or the ground.
(Ord. 493 § 1, 1993)
Protection of the storm drain system from accidental discharge
of prohibited material is the responsibility of the person or persons
in charge of such material. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the city for review and shall be approved by the public works director
prior to any construction. All existing users shall complete such
a plan. Review and approval of such plans and operating procedures
shall not relieve the user from the responsibility to modify the user's
facility as necessary to meet the requirements of this chapter.
(Ord. 493 § 1, 1993)
A. A notice
shall be permanently posted in a prominent place advising employees
who to contact in the event of an accidental discharge. Employers
shall ensure that all employees are advised of the emergency notification
procedures.
In the event of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the applicable local,
federal and state offices.
B. Within
five working days following an accidental discharge to the storm drain
system the person or persons in charge of the material accidentally
discharged shall submit a written report to the public works director.
The report shall describe in detail the type, volume and cause of
the discharge, corrective actions taken and measures to be taken to
prevent future occurrences.
C. Such
notification shall not relieve the user of any fines or civil penalties
incurred as a result of such event, or any other liability which may
be imposed by this chapter or other applicable laws.
(Ord. 493 § 1, 1993)
It is unlawful to commit or cause to be committed any of the
following acts, unless a written permit has first been obtained from
the public works director:
A. Discharge
into or connect any pipe or channel to a watercourse;
B. Modify
the natural flow of water in watercourses;
C. Carry
out development within thirty feet of the center line of any creek
or twenty feet of the top of a bank;
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 so as to cause a diversion of
the flow, or to cause a probability of such material being carried
away by stormwaters passing through such watercourse.
(Ord. 493 § 1, 1993)
A. 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 so they 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.
B. Best
management practices as adopted by resolution, shall be updated on
an annual basis or as mandated by federal, state or county regulations.
(Ord. 493 § 1, 1993)
Any individual or entity wishing to engage in activities which may pollute, contaminate or retard the flow of water through the watercourse including but not limited to acts described in Section
13.26.160, shall comply with Section
13.26.100, and obtain any other permits as required by the city.
(Ord. 493 § 1, 1993)
It is unlawful to 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 stormwater drainage structures, business place
or any public or private lot of land in the city, so that the same
might be or become a pollutant, except in containers or in lawfully
established dumping grounds. For property within the city for which
there is a paved sidewalk in front of the property, the occupant or
tenant, or in the absence of occupant or tenant, the owner, lessee
or proprietor of any property shall maintain the sidewalk free of
dirt or litter to the maximum extent practicable. Sweepings from the
sidewalk shall not be swept or allowed to go into the gutter or roadway,
but shall be disposed of in receptacles maintained on the real property
as required for the disposal of garbage. It is unlawful to throw or
deposit litter or other waste in any fountain, pond, lake, stream
or any other body of water in a park or elsewhere within the city.
(Ord. 493 § 1, 1993)
Whenever the public works director finds any nonpermitted, prohibited
substance discharge 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, the public works director may
give notice to remove any nonpermitted, prohibited substance discharge
that the city may provide. The industrial/commercial user who receives
such a notice shall undertake the remediation activities as described
in the notice.
(Ord. 493 § 1, 1993)
A. Any
person engaged in business activities which will or may result in
pollutants entering the stormwater drainage 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 parking lots, gasoline stations, industrial
facilities, commercial facilities, stores fronting city streets, etc.
B. Persons
owning or operating a parking lot, gas station, pavement or similar
structure shall clean those structures as frequently and thoroughly
as practicable in a manner that does not result in discharge of pollutants
to the stormwater drainage system.
C. Best
management practices as adopted by resolution, shall be updated on
an annual basis or as mandated by federal, state or county regulations.
(Ord. 493 § 1, 1993)
Any individual or entity wishing to engage in activities which may pollute, contaminate or retard the flow of water in the watercourse shall comply with Section
13.26.100, and obtain any other permits as required by the city.
(Ord. 493 § 1, 1993)
The following nonstormwater discharges are allowed under the
general construction permit in compliance with BMPs as described in
the Stormwater Pollution Prevention Plan (SWPPP) and if they do not
cause or contribute to violation of any water quality standard or
federal, state or local law or regulation.
A. Landscape
irrigation of erosion control measures;
B. Waterline flushing and testing as provided for in Section
13.26.090;
G. Discharges
of nonstormwater as may be necessary for performance and completion
of certain construction projects.
These discharges may not be exempt from an individual NPDES
permit. The Regional Water Quality Control Board should be contacted
for a determination on the requirement of an NPDES permit.
|
(Ord. 493 § 1, 1993)
Best management practices as adopted by resolution, shall be updated on an annual basis or as mandated by federal, state or county regulations. All construction grading activity shall comply with the Uniform Building Code, Chapter 70. Grading within the Hillside Area shall comply with the Hillside Area Development Ordinance, Chapter
19.08 of the municipal code. Prior to the issuance of a grading permit, a grading plan and erosion control plan must be approved by the director of public works.
(Ord. 493 § 1, 1993)
Any individual or entity wishing to engage in construction activity shall comply with Section
13.26.100, and provide evidence of compliance prior to obtaining any city issued grading or construction permits.
(Ord. 493 § 1, 1993)
A. The
public works director or designated representative, shall be authorized
at any reasonable time to enter the premises of any user of the storm
drain system to determine compliance with the provisions of this chapter,
and to:
1. Conduct
inspection, sampling, monitoring and/or other authorized duties to
enforce the provisions of this chapter;
2. Review
any records, reports, test results or other information required to
enforce the provisions of this chapter. Such review may include the
necessity to photograph, videotape or copy any applicable information;
and,
3. Inspect
any wastes, chemicals, storage areas, storage containers, waste-generating
processes, treatment facilities and discharge locations. Such inspection
may include the necessity to photograph or videotape any applicable
wastes, chemicals, storage areas, storage containers, waste-generating
processes, treatment facilities and discharge locations.
B. Adequate
identification shall be provided by the public works director or designated
representative, when entering the premises of any user. If such entry
is refused or cannot be obtained, the public works director shall
have recourse to every remedy provided by law to secure lawful entry
and inspection of the premises.
C. If
the public works director has reasonable cause to believe that nonstormwater
discharge conditions on or emanating from the premises are so hazardous,
unsafe or dangerous as to require immediate inspection to safeguard
the public health or safety, the public works director shall have
the right to immediately enter and inspect the property and may use
any reasonable means required to effect such entry and make such inspection,
whether the property is occupied or unoccupied and whether or not
formal permission to inspect has been obtained.
D. Where
a user has instituted security measures requiring proper identification
and clearance before entry onto the premises, the user shall make
all necessary arrangements with its security guards in order that,
upon presentation of such identification, duly designated city personnel
shall be permitted to enter the premises without delay for the purpose
of performing their authorized duties. For facilities which require
special clearances to conduct inspections, it shall be the responsibility
of the user to obtain all necessary clearances on behalf of the city
so that city inspections are not impaired.
(Ord. 493 § 1, 1993)
A. Whenever
the public works director finds that any user has violated or is violating
any provision of this chapter, a NPDES stormwater permit or city permit,
the public works director may serve upon such person a written notice
stating the nature of the violation and stating the penalties for
continued noncompliance.
B. If
required in the notice, the user shall submit to the public works
director, within a prescribed period specified in the notice, which
period shall not be less than ten working days unless an emergency
situation dictates a shorter period, a plan indicating the cause of
the violation, corrective actions which will be taken to prevent recurrence
and, if required, a proposed compliance schedule indicating the dates
those corrective actions will be completed.
(Ord. 493 § 1, 1993)
In addition to the penalties established by this chapter, any
threat to public health, safety and welfare shall be declared and
deemed a public nuisance. Such public nuisance may be abated in accordance
with the nuisance abatement procedures of the city.
(Ord. 493 § 1, 1993)
Any person who knowingly makes any false statement, representation,
record, report, plan or other document filed with the city or who
falsifies, tampers with or knowingly renders inaccurate monitoring
devices or methods required under this chapter, shall have violated
this chapter.
(Ord. 493 § 1, 1993)
A. Any
user may request in writing or the public works director may order
an administrative hearing, at which a user who causes or allows or
who has caused or allowed an unauthorized discharge to enter the city
storm drain system shall show cause why a proposed enforcement action
should not be taken. An administrative hearing officer, who is a city
officer not directly involved in enforcement of this chapter, shall
preside over the administrative hearing, at which each party, including
the user and the public works director, shall have the right to present
evidence.
B. A notice
shall be served on the user specifying the time and place of the hearing
regarding the violation, the reasons why the action is to be taken
and proposed enforcement action, directing the user to show cause
before the hearing officer why proposed enforcement action should
not be taken. The notice of hearing shall be served personally or
by registered or certified mail, return receipt requested, at least
ten working days before the hearing. Service may be made on any agent
or officer of the user.
(Ord. 493 § 1, 1993)
A. The
public works director may require compliance with this chapter, NPDES
permit or city permit by issuing administrative orders that are enforceable
in a court of law or by directly seeking court action. Administrative
orders may include stop-work orders, cease and desist orders, termination
of service orders and immediate termination of service orders.
1. Stop-Work
Order. The public works director may serve a written stop-work order
on any person engaged in doing or causing to be done new construction,
tenant improvements, alterations or additions, if:
a. A city permit is required and no permit has been granted by the city;
b. Work has begun without prior written approval by the public works
director; or
c. Violations of this chapter are found at the site of the new construction,
tenant improvements, alterations or additions.
Any person served a stop-work order shall stop such work forthwith
until written authorization to continue is received from the public
works director.
|
2. Cease
and Desist Order. When the public works director finds that any industrial/commercial
user has violated or threatens to violate any provisions of this chapter
or NPDES stormwater permit or city permit, the public works director
may issue a cease and desist order directing the user to:
b. Comply in accordance with a time schedule specified in the cease
and desist order.
A cease and desist order may include modifications in the frequency
of monitoring, testing and submission of selfmonitoring reports.
|
3. Termination
of Service. When the public works director finds any industrial/commercial
user has violated an administrative order, the public works director
may terminate storm drain service to the user. The user shall be liable
for all costs for termination of storm drain service incurred by the
user and the city. This provision is in addition to other statutes,
rules or regulations authorizing termination of service for delinquency
payment, or for any other reasons. Storm drain service shall be reinstituted
by the public works director after the user has complied with all
the provisions of the administrative order. The user shall also be
liable for all costs for reinstituting storm drain service.
4. Immediate
Termination of Service. The public works director may immediately
suspend storm drain service and any city permit when such suspension
is necessary, in the opinion of the public works director, to stop
an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons
or the environment, or which significantly causes pollution to the
receiving waters, ground and water courses of the city. Any industrial/commercial
user notified that storm drain service NPDES permit or city permit
has been suspended shall immediately stop and eliminate the applicable
contributions to the storm drain system.
B. In
the event of failure to comply voluntarily with the suspension order,
the public works director shall take steps as deemed necessary, including
immediate severance of storm drain connections. The industrial/commercial
user shall be liable for all costs incurred by the city in terminating
storm drain service. Storm drain service may be reinstituted by the
public works director after the actual or threatened discharge has
been eliminated. A detailed written statement, submitted by the industrial/commercial
user, describing the cause of the harmful contribution and the measures
to prevent any future occurrence shall be submitted to the public
works director within fifteen working days of the date of storm drain
service termination.
C. The
public works director may adopt a proposed compliance schedule submitted
by the user, or may adopt a revised compliance schedule if, in the
judgment of the public works director, the compliance schedule would
allow the user to cause harm to the receiving waters and/or city storm
drain facilities.
D. The
public works director will notify the user for the adopted compliance
schedule in a timely manner. The public works director shall not adopt
a compliance schedule which extends beyond applicable federal guidelines.
(Ord. 493 § 1, 1993)
A. If
any person violates the provisions of this chapter, federal or state
NPDES requirement or any order of the city, the city attorney may
commence an action for appropriate legal, equitable or injunctive
relief in the municipal or superior court of the county.
B. In
addition to the penalties provided in this chapter, the city may recover
all reasonable attorney fees, court costs, court reporters fees and
other expenses of litigation by appropriate suit of law against the
person(s) found to have violated any of the provisions of this chapter,
city permit or the orders, rules, regulations and permits issued thereunder.
(Ord. 493 § 1, 1993)
A. The
business license of any industrial/commercial user who is found to
have violated an administrative order or any provision of this chapter
and the orders, rules, regulations and permits under this chapter
may be revoked. The industrial/commercial user may also be fined a
sum not to exceed twenty-five thousand dollars for each offense.
B. Each
violation shall be considered a separate and distinct offense and
each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense. In addition to the penalties provided
in this chapter, the city may recover all reasonable attorney's fees,
court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this chapter or the orders, rules, regulations and permits issued
under this chapter.
(Ord. 493 § 1, 1993)
Any person who damages monitoring equipment, detrimentally affects
the water quality of the United States, significantly increases maintenance
of, requires nonroutine inspection or sampling, causes blockages of,
damage to, interference with storm drain facilities or causes any
other damages, including the imposition of fines or penalties on the
city by federal, state or local regulatory agencies, shall be liable
to the city for all damages and additional costs, including fines
and penalties, occasion thereby. An administrative fee, which shall
be fixed by the city manager based on the city's current overhead
cost allocation percentage, shall be added to these charges and shall
be payable to the city within thirty calendar days of invoicing.
(Ord. 493 § 1, 1993)
Any decision of the public works director or the administrative hearing officer may be appealed pursuant to the provisions of Chapter
2.08. The imposition of fines or penalties shall be stayed during the appeal period unless the public works director or administrative hearing officer, as applicable, determines that such a stay would threaten the public safety, health or welfare.
(Ord. 493 § 1, 1993)