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.
"City permit"
means any permit issued by the city.
"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)
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)
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;
C. 
Street washing;
D. 
Dewatering;
E. 
Dust control;
F. 
Soil compaction; and
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:
a. 
Comply immediately; or
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)