Note
(a)
The Clean Water Act, 33 U.S.C. Section 1251, et seq., as amended,
mandates, in part, that municipal separate storm sewer systems, such
as in Placentia, obtain permits to "effectively prohibit nonstormwater
discharges into the storm sewers" and "require controls
to reduce the discharge of pollutants to the maximum extent practicable..."
Permitting authority has been delegated by the United States Environmental
Protection Agency to the state of California, which has authorized
the State Water Resources Control Board and its local regulatory agencies,
the Regional Water Quality Control Boards, to control nonpoint source
discharges to California's waterways.
(b)
The Santa Ana and San Diego Regional Water Quality Control Boards
have addressed the obligation to implement the Clean Water Act by
issuing waste discharge requirements governing stormwater runoff for
the county of Orange, Orange County Flood Control District and the
incorporated cities of Orange County. These permits shall be referred
to collectively herein as the National Pollution Discharge Elimination
System Permit ("NPDES permits").
(c)
The city of Placentia is participating as a "co-permittee"
under the NPDES permits in the development and adoption of an ordinance
to accomplish the requirements of the Clean Water Act. The purpose
of this chapter is to participate in the improvement of water quality
and comply with federal requirements for the control of urban pollutants
to stormwater runoff, which enters the network of storm drains throughout
Placentia and Orange County.
(Ord. O-2010-04 § 3, 2010)
means the director of public works and persons designated
by and under his or her instruction and supervision, who are assigned
to investigate compliance with, detect violations of and/or take actions
pursuant to this chapter.
means the city of Placentia, California.
means the county of Orange, the Orange County Flood Control
District, and/or any one of the 31 municipalities, including the city,
which are responsible for compliance with the terms of the NPDES permit.
means the Orange County Drainage Area Management Plan, as
the same may be amended from time to time. A full, true and correct
copy of said DAMP is maintained on file in the office of the director
of public works of the city.
means DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for New Development Including Non-Residential Construction Projects, as the same may be amended from time to time.
means any release, spill, leak, pump, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping
or disposal of any liquid, semi-solid or solid substance.
means the group of activities not restricted or prohibited
by this chapter, including only:
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Discharges composed entirely of stormwater; discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; discharges to the stormwater drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges authorized pursuant to a permit issued under Section 16.20.060 hereof; discharges allowable under the domestic sewage exception; discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge; and discharges authorized pursuant to federal or state laws or regulations.
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In any action taken to enforce this chapter, the burden shall
be on the person who is the subject of such action to establish that
a discharge was within the scope of this discharge exception.
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means discharges which are exceptions to this chapter and
excluded from the definition of prohibited discharge, as defined herein,
including only discharges composed entirely of accidental spills of
untreated sanitary wastes (commonly called domestic sewage) and other
wastes, but limited solely to wastes that are controlled by and are
within publicly owned wastewater treatment system collection facilities
immediately prior to the accidental spill.
means the city attorney of the city of Placentia or his or
her deputy or the district attorney acting as counsel to the city
and designee, which counsel is authorized to take enforcement action
pursuant to this chapter.
means the United States Environmental Protection Agency.
means that person appointed pursuant to the provisions of Section 1.10.080 of the Placentia Municipal Code, as the same may be amended from time to time, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised in such administrative hearings.
means any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant
to the stormwater drainage system occurs or may occur. The term "illicit
connection" shall not include legal nonconforming connections
or connections to the stormwater drainage system that are hereinafter
authorized by the agency with jurisdiction over the system at the
location at which the connection is made.
means the actual costs and expenses of the city including, but not limited to, administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to Section 16.20.050 or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 16.20.070 is utilized to obtain compliance.
means connections to the stormwater drainage system existing as of the adoption of this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to Chapter 16.04 of the Placentia Municipal Code, as the same may be amended from time to time.
means all public and private residential (whether single-family,
multi-unit or planned unit development), industrial, commercial, retail,
and other nonresidential construction projects, or grading for future
construction, for which either a discretionary land use approval,
grading permit, building permit or nonresidential plumbing permit
is required.
means a plumbing permit authorizing the construction and/or
installation of facilities for the conveyance of liquids other than
stormwater, potable water, reclaimed water or domestic sewage.
means the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region,
which permit(s) establishes waste discharge requirements applicable
to stormwater runoff in the city.
means any natural person as well as any corporation, partnership,
government entity or subdivision, trust, estate, cooperative association,
joint venture, business entity, or other similar entity, or the agent,
employee or representative of any of the foregoing.
means any liquid, solid or semi-solid substances, or combination
thereof, including, and not limited to:
Artificial materials (such as floatable plastics, wood products
or metal shavings);
Household waste such as trash, paper, and plastics; cleaning
chemicals; yard wastes; animal fecal materials; used oil and fluids
from vehicles, lawn mowers and other common household equipment;
Metals and nonmetals, including compounds of metals and nonmetals,
(such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,
phosphorus and arsenic), with characteristics which cause an adverse
effect on living organisms;
Petroleum and related hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants and grease);
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including, stables, show
facilities, or polo fields);
Substances having a pH less than 6.5 or greater than 8.6, or
unusual coloration, turbidity or odor;
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants and glues; use of lime; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use
of concrete detergents; steam cleaning or sand blasting; use of chemical
degreasing or diluting agents; and use of super chlorinated water
for potable water line flushing);
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
Materials which contain base/neutral or acid extractible organic
compounds;
Those pollutants defined in 33 U.S.C. Section 1362(6), as the
same may be amended from time to time; and
Any other constituent or material, including but not limited
to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus
or enterococcus, or eroded soils, sediment and particulate materials,
in quantities that will interfere with or adversely affect the beneficial
uses of the receiving waters, flora or fauna of the state.
means any discharge which contains any pollutant, from public
or private property to: (1) the stormwater drainage system; (2) any
upstream flow, which is tributary to the stormwater drainage system;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo,
wetlands area, marsh, coastal slough, or (4) any coastal harbor, bay,
or the Pacific Ocean. The term prohibited discharge shall not include
discharges allowable under the discharge exception.
means the rehabilitation or reconstruction of public or private
residential (whether single-family, multi-unit or planned unit development),
industrial, commercial, retail, or other nonresidential structures,
for which either a discretionary land use approval, grading permit,
building permit or nonresidential plumbing permit is required.
means either the state general industrial stormwater permit
or the state general construction permit and the terms and requirements
of either or both. In the event the EPA revokes the in-lieu permitting
authority of the State Water Resources Control Board, then the term
state general permit shall also refer to any EPA administered stormwater
control program for industrial and construction activities.
means street gutter, channel, storm drain, constructed drain,
lined diversion structure, wash area, inlet, outlet or other facility,
which is a part of or tributary to the county-wide stormwater runoff
system and owned, operated, maintained or controlled by the county
of Orange, the Orange County Flood Control District or any co-permittee
city, and used for the purpose of collecting, storing, transporting,
or disposing of stormwater.
(Ord. O-2010-04 § 3, 2010)
(a)
No person shall:
(1)
Construct, maintain, operate and/or utilize any illicit connection;
(2)
Cause, allow or facilitate any prohibited discharge;
(3)
Act, cause, permit or suffer any agent, employee, or independent
contractor, to construct, maintain, operate or utilize any illicit
connection, or cause, allow or facilitate any prohibited discharge.
(b)
The prohibition against illicit connections shall apply irrespective
of whether the illicit connection was established prior to the date
of enactment of the ordinance codified in this chapter; however, legal
nonconforming connections shall not become illicit connections until
the earlier of the following:
(1)
For all structural improvements to property installed for the purpose
of discharge to the stormwater conveyance system, the expiration of
five years from the adoption of this chapter.
(2)
For all nonstructural improvements to property existing for the purpose
of discharge to the stormwater conveyance system, the expiration of
six months following delivery of a notice to the owner or occupant
of the property, which states a legal nonconforming connection has
been identified. The notice of a legal nonconforming connection shall
state the date of expiration of use under this chapter.
(c)
A violation of subsection (a) shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
(d)
If the authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30 day period commencing upon delivery of the notice. Upon expiration of the 30 day period any such discharge shall constitute a violation of subsection (a).
(e)
The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 16.20.070(a)(6)16.20.070(a)(6) through (10) for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the director of public works upon consideration of the following factors:
(1)
The potential adverse effects of the continued use of the connection
upon the beneficial uses of receiving waters;
(2)
The economic investment of the discharger in the legal nonconforming
connection; and
(3)
The financial effect upon the discharger of a termination of the
legal nonconforming connection.
(Ord. O-2010-04 § 3, 2010)
(a)
New Development and Significant Redevelopment.
(1)
All new development and significant redevelopment within the city
shall be undertaken in accordance with:
(a)
The DAMP, including, but not limited to, the development project
guidance; and
(b)
Any conditions and requirements established by the development services
and/or public works departments, which are reasonably related to the
reduction or elimination of pollutants in stormwater runoff from the
project site.
(2)
Prior to the issuance by the city of a grading permit, building permit
or nonresidential plumbing permit for any new development or significant
redevelopment, the development services and/or public works departments
shall review the project plans and impose terms, conditions and requirements
on the project in accordance with this section. If the new development
or significant redevelopment will be approved without application
for a grading permit, building permit or nonresidential plumbing permit,
the development services and/or public works departments shall review
the project plans and impose terms, conditions and requirements on
the project in accordance with this section prior to the issuance
of a discretionary land use approval or, at the city's discretion,
prior to recordation of a subdivision or parcel map.
(3)
Notwithstanding the provisions of subsections (a)(1) and (2), compliance
with the development project guidance shall not be required for construction
of one single-family detached residence unless the development services
and/or public works departments determine that the construction may
result in the discharge of significant levels of a pollutant into
a tributary to the stormwater drainage system.
(4)
Compliance with the conditions and requirements of the DAMP shall
not exempt any person from the requirement to independently comply
with each provision of this chapter.
(5)
If the development services and/or public works departments determine
that the project will have a de minimis impact on the quality of stormwater
runoff, then they may issue a written waiver of the requirement for
compliance with the provisions of the development project guidance.
(6)
The owner of a new development or significant redevelopment project,
or upon transfer of the property, its successors and assigns, shall
implement and adhere to the terms, conditions and requirements imposed
pursuant to subsection (a)(1) on a new development or significant
redevelopment project. Each failure by the owner of the property or
any successors or assigns, to implement and adhere to the terms, conditions
and requirements imposed pursuant to subsection (a)(1) on a new development
or significant redevelopment project shall constitute a violation
of this chapter.
(7)
The development services and/or public works departments may require
that the terms, conditions and requirements imposed pursuant to subsection
(a)(1) be recorded with the county recorder's office by the
property owner. The signature of the owner of the property or any
successive owner shall be sufficient for the recording of these terms,
conditions and requirements and a signature on behalf of the city
shall not be required for recordation.
(b)
Cost Recovery. The city shall be reimbursed by the project applicant
for all costs and expenses incurred by the development services and/or
public works departments in the review of new development or significant
development projects for compliance with the DAMP. The city council
may, by resolution, elect to require a deposit of estimated costs
and expenses, and the actual costs and expenses shall be deducted
from the deposit, and the balance, if any, refunded to the project
applicant.
(c)
Litter Control. No person shall discard any waste material, including,
but not limited to, common household rubbish or garbage of any kind
(whether generated or accumulated at a residence, business or other
location), upon any public property, whether occupied, open or vacant,
including, but not limited to, any street, sidewalk, alley, right-ofway,
open area or point of entry to the stormwater drainage system.
(Ord. O-2010-04 § 3, 2010)
(a)
Right to Inspect. Prior to commencing any inspection as herein authorized,
the authorized inspector shall obtain either the consent of the owner
or occupant of the property or shall obtain an administrative inspection
warrant or criminal search warrant.
(b)
Entry to Inspect. The authorized inspector may enter property to
investigate the source of any discharge to any public street, inlet,
gutter, storm drain or the stormwater drainage system located within
the jurisdiction of the city.
(c)
Compliance Assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including, but not limited to: (1) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (2) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (3) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (4) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (5) locating any illicit connection or the source of prohibited discharge; (6) evaluating compliance with any permit issued pursuant to Section 16.20.060 hereof; and (7) investigating the condition of any legal nonconforming connection.
(d)
Portable Equipment. For purposes of verifying compliance with this
chapter, the authorized inspector may inspect any vehicle, truck,
trailer, tank truck or other mobile equipment.
(e)
Records Review. The authorized inspector may inspect all records
of the owner or occupant of property relating to chemicals or processes
presently or previously occurring on-site, including material and/or
chemical inventories, facilities maps or schematics and diagrams,
Material Safety Data Sheets, hazardous waste manifests, business plans,
pollution prevention plans, state general permits, stormwater pollution
prevention plans, monitoring program plans and any other record(s)
relating to illicit connections, prohibited discharges, a legal nonconforming
connection or any other source of contribution or potential contribution
of pollutants to the stormwater drainage system.
(f)
Sample and Test. The authorized inspector may inspect, sample and
test any area runoff, soils area (including groundwater testing),
process discharge, materials within any waste storage area (including
any container contents), and/or treatment system discharge for the
purpose of determining the potential for contribution of pollutants
to the stormwater drainage system. The authorized inspector may investigate
the integrity of all storm drain and sanitary sewer systems, any legal
nonconforming connection or other pipelines on the property using
appropriate tests, including, but not limited to, smoke and dye tests
or video surveys. The authorized inspector may take photographs or
video tape, make measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
(g)
Monitoring. The authorized inspector may erect and maintain monitoring
devices for the purpose of measuring any discharge or potential source
of discharge to the stormwater drainage system.
(h)
Test Results. The owner or occupant of property subject to inspection
shall, on submission of a written request, receive copies of all monitoring
and test results conducted by the authorized inspector.
(Ord. O-2010-04 § 3, 2010)
(a)
Discharge Permit Procedure.
(1)
Permit. On application of the owner of property or the operator of
any facility, which property or facility is not otherwise subject
to the requirements of a state general permit or an NPDES permit regulating
stormwater discharges, the director of public works may issue a permit
authorizing the release of nonstormwater discharges to the stormwater
drainage system if:
(2)
Application. The applicant shall provide all information requested
by the director of public works for review and consideration of the
application, including, but not limited to, specific detail as to
the activities to be conducted on the property, plans and specifications
for facilities located on the property, identification of equipment
or processes to be used on-site and other information as may be requested
in order to determine the constituents, and quantities thereof, which
may be discharged if permission is granted.
(3)
Permit Issuance. The permit shall be granted or denied by the director
of public works or his or her designated representative, no later
than 60 business days following the completion and acceptance of the
application as determined by the director of public works and the
applicant shall be notified in person or by first-class mail, postage
prepaid, of the action taken.
(4)
Permit Conditions. The permit may include terms, conditions and requirements
to ensure compliance with the objectives of this chapter and as necessary
to protect the receiving waters, including, but not limited to:
(A)
Identification of the discharge location on the property and the
location at which the discharge will enter the stormwater drainage
system;
(B)
Identification of the constituents and quantities thereof to be discharged
into the stormwater drainage system;
(C)
Specification of pollution prevention techniques and structural or
nonstructural control requirements as reasonably necessary to prevent
the occurrence of potential discharges in violation of this chapter;
(D)
Requirements for self-monitoring of any discharge;
(E)
Requirements for submission of documents or data, such as technical
reports, production data, discharge reports, self-monitoring reports
and waste manifests; and
(F)
Other terms and conditions appropriate to ensure compliance with
the provisions of this chapter and the protection of receiving waters,
including requirements for compliance with best management practices
guidance documents approved by any federal, state or regional agency.
(5)
General Permit. In the discretion of the director of public works
the permit may, in accordance with the conditions identified in subsection
(a)(4), be prepared as a general permit applicable to a specific category
of activities. If a general permit is issued, any person intending
to discharge within the scope of the authorization provided by the
general permit may do so by filing an application to discharge with
the director of public works. No discharge within the scope of the
general permit shall occur until such application is so filed.
Notwithstanding the foregoing provisions of this subsection
(5), the director of public works, in his or her discretion, may eliminate
the requirement that an application for a general permit be filed
for any specific activity for which a general permit has been issued.
(6)
Permit Fees. Permission to discharge shall be conditioned upon the
applicant's payment of the city's costs, in accordance
with a fee schedule adopted by separate resolution, as follows:
(A)
For individually issued permits, the costs of reviewing the permit
application, preparing and issuing the permit, and the costs reasonably
related to administrating this permit program.
(B)
For general permits, the costs of reviewing the permit application,
that portion of the costs of preparing the general permit which is
reasonably attributable to the permittee's application for the
general permit, and the costs reasonably related to administering
the general permit program.
(b)
Permit Suspension, Revocation or Modification.
(1)
The director of public works may suspend or revoke any permit when
it is determined that:
(A)
The permittee has violated any term, condition or requirement of
the permit or any applicable provision of this chapter; or
(B)
The permittee's discharge or the circumstances under which
the discharge occurs have changed so that it is no longer appropriate
to except the discharge from the prohibitions on prohibited discharge
contained within this chapter; or
(C)
The permittee fails to comply with any schedule for compliance issued
pursuant to this chapter; or
(D)
Any regulatory agency, including EPA or a Regional Water Quality
Control Board having jurisdiction over the discharge, notifies the
city that the discharge should be terminated.
(2)
The director of public works may modify any permit when it is determined
that:
(A)
Federal or state law requirements have changed in a manner that necessitates
a change in the permit; or
(B)
The permittee's discharge or the circumstances under which
the discharge occurs have changed so that it is appropriate to modify
the permit's terms, conditions or requirements; or
(C)
A change to the permit is necessary to ensure compliance with the
objectives of this chapter or to protect the quality of receiving
waters.
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The permittee, or in the case of a general permit, each person
who has filed an application pursuant to subsection (a)(5), shall
be informed of any change in the permit terms and conditions at least
45 business days prior to the effective date of the modified permit.
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(3)
The determination that a permit shall be denied, suspended, revoked
or modified may be appealed by a permittee pursuant to the same procedures
applicable to appeal of an administrative compliance order hereunder.
In the absence of a judicial order to the contrary, the permittee
may continue to discharge pending the final administrative decision
of the hearing officer.
(c)
Permit Enforcement Penalties. Any violation of the terms, conditions
and requirements of any permit issued by the director of public works
shall constitute a violation of this chapter and subject the violator
to the administrative, civil and criminal remedies available under
this chapter.
(d)
Compliance with the terms, conditions and requirements of a permit
issued pursuant to this chapter shall not relieve the permittee from
compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit
is issued.
(1)
Limited Permittee Rights. Permits issued under this chapter are for
the person or entity identified therein as the "permittee"
only, and authorize the specific operation at the specific location
identified in the permit. The issuance of a permit does not vest the
permittee with a continuing right to discharge.
(2)
Transfer of Permits. No permit issued to any person may be transferred
to allow:
(A)
A discharge to the stormwater drainage system at a location other
than the location stated in the original permit; or
(B)
A discharge by a person other than the person named in the permit,
provided however, that the city may approve a transfer if such written
approval is obtained, in advance, from the director of public works.
(Ord. O-2010-04 § 3, 2010)
(a)
Administrative Remedies.
(1)
Notice of Noncompliance. The authorized inspector may deliver to
the owner or occupant of any property, or to any person responsible
for an illicit connection or prohibited discharge a notice of noncompliance.
The notice of noncompliance shall be delivered in accordance with
subsection (a)(6).
(A)
The notice of noncompliance shall identify the provision(s) of this
chapter or the applicable permit which has been violated. The notice
of noncompliance shall state that continued noncompliance may result
in additional enforcement actions against the owner, occupant and/or
person.
(B)
The notice of noncompliance shall state a compliance date that must
be met by the owner, occupant and/or person; provided, however, that
the compliance date may not exceed 90 days unless the authorized inspector
extends the compliance deadline an additional 90 days where good cause
exists for the extension.
(2)
Administrative Compliance Orders. The authorized inspector may issue
an administrative compliance order. The administrative compliance
order shall be delivered in accordance with subsection (a)(6). The
administrative compliance order may be issued to:
(A)
The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a prohibited discharge or
an illicit connection in violation of this chapter;
(B)
The owner of property subject to terms, conditions or requirements imposed on a project under Section 16.20.040(a)(1)16.20.040(a)(1) to ensure adherence to those terms, conditions and requirements.
(C)
A permittee subject to the requirements of any permit issued pursuant
to this section to ensure compliance with the terms, conditions and
requirements of the permit.
(D)
Any person responsible for an illicit connection or prohibited discharge.
(3)
The administrative compliance order may include the following terms
and requirements:
(A)
Specific steps and time schedules for compliance as reasonably necessary
to prevent the imminent threat of a prohibited discharge, including
but not limited to a prohibited discharge from any pond, pit, well,
surface impoundment, holding or storage area;
(B)
Specific steps and time schedules for compliance as reasonably necessary
to discontinue any illicit connection;
(C)
Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant
having the potential to contact stormwater runoff;
(D)
Any other terms or requirements reasonably calculated to prevent
the imminent threat of or continuing violations of this chapter, including,
but not limited to requirements for compliance with best management
practices guidance documents promulgated by any federal, state of
California or regional agency;
(E)
Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any
permit issued pursuant hereto.
(4)
Cease and Desist Orders. The authorized inspector may issue a cease
and desist order. A cease and desist order shall be delivered in accordance
with subsection (a)(6). A cease and desist order may direct the owner
or occupant of any property and/or other person responsible for a
violation of this chapter to:
(A)
Immediately discontinue any illicit connection or prohibited discharge
to the stormwater drainage system;
(B)
Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this
chapter;
(C)
Immediately discontinue any other violation of this chapter;
(D)
Clean up the area affected by the violation.
(E)
The authorized inspector may direct by cease and desist order that
the owner of any property or any permittee under any permit issued
pursuant to this section immediately cease any activity not in compliance
with the terms, conditions and requirements of the applicable permit.
(5)
Recovery of Costs.
(A)
The authorized inspector may deliver to the owner or occupant of
any property, any permittee or any other person who becomes subject
to a notice of noncompliance or administrative order, an invoice for
costs. An invoice for costs shall be delivered in accordance with
subsection (a)(6). An invoice for costs shall be immediately due and
payable to the city for the actual costs incurred by the city in issuing
and enforcing any notice or order.
(B)
If any owner or occupant, permittee or any other person subject to
an invoice for costs fails to either pay the invoice for costs or
appeal successfully the invoice for costs in accordance with subsection
(a)(7), the enforcing attorney may then institute collection proceedings.
(6)
Delivery of Notice. Any notice of noncompliance, administrative compliance
order, cease and desist order or invoice of costs to be delivered
pursuant to the requirements of this chapter shall be subject to the
following:
(A)
The notice shall state that the recipient has a right to appeal the
matter as set forth in subsections (a)(7) through (11).
(B)
Delivery shall be deemed complete upon: (i) personal service to the
recipient; (ii) deposit in the U.S. mail, postage pre-paid for first
class delivery; or (iii) facsimile service with confirmation of receipt.
(C)
Where the recipient of notice is the owner of the property, the address
for notice shall be the address from the most recently issued equalized
assessment roll for the property or as otherwise appears in the current
records of the city.
(D)
Where the owner or occupant of any property cannot be located after
the reasonable efforts of the authorized inspector, a notice of noncompliance
or cease and desist order shall be deemed delivered after posting
on the property for a period of 10 business days.
(7)
Administrative Hearing for Notices of Noncompliance, Administrative
Compliance Orders, Invoices for Costs and Adverse Determinations.
Except as set forth in subsection (a)(9), any person receiving a notice
of noncompliance, administrative compliance order, a notice of legal
nonconforming connection, an invoice for costs, or any person who
is subject to any adverse determination made pursuant to this chapter,
may appeal the matter by requesting an administrative hearing. Notwithstanding
the foregoing, these administrative appeal procedures shall not apply
to criminal proceedings initiated to enforce this chapter.
(8)
Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within 10 days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk with a copy of the request for administrative hearing mailed on the date of filing to the director of public works and the city attorney. Said request for administrative hearing shall be filed in accordance with the procedures set forth in Section 1.10.070 of Title 1 of the Placentia Municipal Code and the hearing officer shall be appointed as provided in Section 1.10.080 of Title 1 of the Placentia Municipal Code.
(9)
Administrative Hearing for Cease and Desist Orders and Emergency
Abatement Actions. An administrative hearing on the issuance of a
cease and desist order or following an emergency abatement action
shall be held within five business days following the issuance of
the order or the action of abatement, unless the hearing (or the time
requirement for the hearing) is waived in writing by the party subject
to the cease and desist order or the emergency abatement. A request
for an administrative hearing shall not be required from the person
subject to the cease and desist order or the emergency abatement action.
(11)
Final Decision and Appeal.
(A)
The final decision of the hearing officer shall issue within 10 business days of the conclusion of the hearing in accordance with the provisions of Section 1.10.100 of the Placentia Municipal Code. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision.
(B)
Notwithstanding the provisions of subsection (a)(11)(A), the
final decision of the hearing officer in any proceeding determining
the validity of a cease and desist order or following an emergency
abatement action shall be mailed within five business days following
the conclusion of the hearing.
(12)
City Abatement. In the event the owner of property, the operator
of a facility, a permittee or any other person fails to comply with
any provision of a compliance schedule issued to such owner, operator,
permittee or person pursuant to this chapter, the authorized inspector
may request the enforcing attorney to obtain an abatement warrant
or other appropriate judicial authorization to enter the property,
abate the condition and restore the area. Any costs incurred by the
city in obtaining and carrying out an abatement warrant or other judicial
authorization may be recovered pursuant to subsection (b)(4).
(b)
Nuisance. Any condition in violation of the provisions of this chapter,
including, but not limited to, the maintenance or use of any illicit
connection or the occurrence of any prohibited discharge, shall constitute
a threat to the public health, safety and welfare, and is declared
and deemed a nuisance pursuant to California Government Code Section
38771, as the same may be amended from time to time.
(1)
Court Order to Enjoin or Abatement. At the request of the director
of public works, the enforcing attorney may seek a court order to
enjoin and/or abate the nuisance.
(2)
Notice to Owner and Occupant. Prior to seeking any court order to
enjoin or abate a nuisance or threatened nuisance, the director of
public works shall provide notice of the proposed injunction or abatement
to the owner and occupant, if any, of the property where the nuisance
or threatened nuisance is occurring.
(3)
Emergency Abatement. In the event the nuisance constitutes an imminent
danger to public safety or the environment, the director of public
works may enter the property from which the nuisance emanates, abate
the nuisance and restore any property affected by the nuisance. To
the extent reasonably practicable, informal notice shall be provided
to the owner or occupant prior to abatement. If necessary to protect
the public safety or the environment, abatement may proceed without
prior notice to or consent from the owner or occupant thereof and
without judicial warrant.
(A)
An imminent danger shall include, but is not limited to, exigent
circumstances created by the dispersal of pollutants, where the same
presents a significant and immediate threat to the public safety or
the environment.
(B)
Notwithstanding the authority of the city to conduct an emergency
abatement action, an administrative hearing pursuant to subsection
(a)(9) shall follow the abatement action.
(4)
Reimbursement of Costs. All costs incurred by the city in responding
to any nuisance, all administrative expenses and all other expenses
recoverable under state law, shall be recoverable from the person(s)
creating, causing, committing, permitting or maintaining the nuisance.
(5)
Nuisance Lien.
(A)
All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof
in accordance with California Government Code Sections 38773.1 and
38773.5, as the same may be amended from time to time. The owner of
record of the property subject to any lien shall be given notice of
the lien prior to recording as required by California Government Code
Section 38773.1, as the same may be amended from time to time.
(B)
At the direction of the director of public works, the enforcing attorney
is authorized to collect nuisance abatement costs or enforce a nuisance
lien in an action brought for a money judgment or by delivery to the
county assessor of a special assessment against the property in accord
with the conditions and requirements of California Government Code
Section 38773.5, as the same may be amended from time to time.
(c)
Criminal Sanctions.
(1)
Prosecutor. The enforcing attorney may act on the request of the
director of public works to pursue enforcement actions in accordance
with the provisions of this chapter.
(2)
Infractions. Any person who may otherwise be charged with a misdemeanor
under this chapter may be charged, at the discretion of the enforcing
attorney, with an infraction punishable by a fine of not more than
$100 for a first violation, $200 for a second violation, and a fine
not exceeding $500 for each additional violation occurring within
one year.
(3)
Misdemeanors. Any person who negligently or knowingly violates any
provision of this chapter, undertakes to conceal any violation of
this chapter, continues any violation of this chapter after notice
thereof, or violates the terms, conditions and requirements of any
permit issued pursuant to this chapter, shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment for
a period of not more than six months, or both.
(d)
Consecutive Violations. Each day in which a violation occurs and
each separate failure to comply with either a separate provision of
this chapter, an administrative compliance order, a cease and desist
order or a permit issued pursuant to this chapter, shall constitute
a separate violation of this chapter punishable by fines or sentences
issued in accordance herewith.
(e)
Nonexclusive Remedies. Each and every remedy available for the enforcement
of this chapter shall be nonexclusive and it is within the discretion
of the authorized inspector or enforcing attorney to seek cumulative
remedies, except that multiple monetary fines or penalties shall not
be available for any single violation of this chapter.
(f)
Citations. Pursuant to California Penal Code Section 836.5, as the
same may be amended from time to time, the authorized inspector shall
have the authority to cause the arrest of any person committing a
violation of this chapter. The person shall be released and issued
a citation to appear before a magistrate in accordance with California
Penal Code Sections 853.5, 853.6 and 853.9, as the same may be amended
from time to time, unless the person demands to be taken before a
magistrate. Following issuance of any citation the authorized inspector
shall refer the matter to the enforcing attorney.
Each citation to appear shall state the name and address of
the violator, the provisions of this chapter violated, and the time
and place of appearance before the court, which shall be at least
10 business days after the date of violation. The person cited shall
sign the citation giving his or her written promise to appear as stated
therein. If the person cited fails to appear, the enforcing attorney
may request issuance of a warrant for the arrest of the person cited.
(g)
Violations of Other Laws. Any person acting in violation of this
chapter also may be acting in violation of the Federal Clean Water
Act or the State Porter-Cologne Act and other laws and also may be
subject to sanctions including civil liability. Accordingly, the enforcing
attorney is authorized to file a citizen suit pursuant to 33 U.S.C.
Section 1365, as the same may be amended from time to time, seeking
penalties, damages, and orders compelling compliance, and other appropriate
relief. The enforcing attorney may notify EPA Region IX, the Santa
Ana Regional Water Quality Control Board, or any other appropriate
state or local agency, of any alleged violation of this chapter.
(h)
Injunctions. At the request of the director of public works, the
enforcing attorney may cause the filing, in a court of competent jurisdiction,
of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this chapter.
(1)
Order for Reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement
to the city of all costs incurred in enforcing this chapter, including
costs of inspection, investigation and monitoring, the costs of abatement
undertaken at the expense of the city, costs relating to restoration
of the environment and all other expenses authorized by law.
(i)
Other Civil Remedies.
(1)
The director of public works may request the enforcing attorney to
file an action for civil damages in a court of competent jurisdiction
seeking recovery of: (A) all costs incurred in enforcement of the
chapter, including but not limited to costs relating to investigation,
sampling, monitoring, inspection, administrative expenses, all other
expenses as authorized by law, and consequential damages; (B) all
costs incurred in mitigating harm to the environment or reducing the
threat to human health; and (C) damages for irreparable harm to the
environment.
(2)
The enforcing attorney is authorized to file actions for civil damages
resulting from any trespass or nuisance occurring on public land or
to the stormwater drainage system from any violation of this chapter
where the same has caused damage, contamination or harm to the environment,
public property or the stormwater drainage system.
(3)
The remedies available to the city pursuant to the provisions of
this chapter shall not limit the right of the city to seek any other
remedy that may be available by law.
(Ord. O-2010-04 § 3, 2010)
(a)
The city intends to cooperate with other agencies with jurisdiction
over stormwater discharges to ensure that the regulatory purposes
underlying stormwater regulations promulgated pursuant to 33 U.S.C.
Section 1251, et seq., as the same may be amended from time to time,
are met.
(b)
The city may, to the extent authorized by law, elect to contract
for the services of any public agency or private enterprise to carry
out the planning approvals, inspections, permits and enforcement authorized
by this chapter.
(Ord. O-2010-04 § 3, 2010)
Full compliance by any person or entity with the provisions
of this chapter shall not preclude the need to comply with other local,
state or federal statutory or regulatory requirements, which may be
required for the control of the discharge of pollutants into stormwater
and/or the protection of stormwater quality.
(Ord. O-2010-04 § 3, 2010)
