(a)
Title. This Chapter shall be known as the City of Indian Wells Storm
Water Management and Discharge Control Ordinance and may be so cited.
(b)
Purpose and Intent. The purpose of this Chapter is to ensure the
future health, safety, and general welfare of Indian Wells residents
by:
(1)
Regulating non-storm water discharges to the municipal separate storm
drain;
(2)
Controlling the discharge to municipal separate storm drains from
spills, dumping or disposal of materials other than storm water; and
(3)
Reducing pollutants in storm water discharges to the maximum extent
practicable.
|
The intent of this Chapter is to protect and enhance the water
quality of City watercourses, water bodies, groundwater, and wetlands
in a manner pursuant to and consistent with the Clean Water Act.
|
(c)
Best management practice.
Director.
Enforcement officer.
Illicit connection.
Illicit discharge.
Municipal NPDES permit.
National pollutant discharge elimination system.
Non-storm water discharge.
Person.
Pollutant.
Premises.
Storm drain system.
Storm water runoff.
Definitions. The terms as used in this Chapter shall have the following
meanings:
"Best Management Practice (BMP)" means schedules
of activities, prohibitions of practices, general good housekeeping
practices, maintenance procedures, educational programs, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to waters of the United States. BMPs also include
treatment requirements, operating, procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, and
drainage from raw materials storage. The California Storm Water Best
Management Practice Handbooks for Municipal, Industrial/Commercial
and Construction Activity provide a detailed discussion of BMPS.
"Director" means the City Engineer or designee.
"Enforcement officer" includes the Director,
Building Official, Assistant Public Works Director, Planning Director,
City Manager, Sheriff, and their designees.
"Illicit connection" means any physical connection
to a storm drain system which has not been permitted by the City,
the Riverside County Flood Control and Water Conservation District,
or other appropriate public agency.
"Illicit discharge" means any discharge to storm
drain system that is not composed entirely of storm water runoff except
discharges made pursuant to a National Pollutant Discharge Elimination
System (NPDES) permit or as otherwise authorized by the Santa Ana,
San Diego, or Colorado River Basin Regional Water Quality Control
Board.
"Municipal NPDES Permit" means an area-wide NPDES
permit issued to a government agency or agencies for the discharge
of storm water from storm water system.
"National Pollutant Discharge Elimination System (NPDES)
Permit" means a storm water discharge permit issued by the Santa
Ana, San Diego, or Colorado River Basin Regional Water Quality Control
Board or the State Water Resources Control Board in compliance with
the Federal Clean Water Act.
"Non-storm water discharge" means any discharge
to the storm drain system that is not entirely composed of storm water.
"Person" means any natural person, firm, association,
club, organization, corporation, partnership, business trust, company
or other entity which is recognized by law as the subject of rights
or duties.
"Pollutant" means anything which causes the deterioration
of water quality such that it impairs subsequent and/or competing
uses of the water. Pollutants may include, but are not limited to,
paints, oil and other automotive fluids, soil, rubbish, trash, garbage,
debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus,
heavy metals, hazardous waste, chemicals, fresh concrete, yard waste
from commercial landscaping operations, animal waste, materials that
result from the process of constructing a building or structure, nauseous
or offensive matter of any kind.
"Premises" means any building, lot, parcel of
land or portion of land whether improved or unimproved.
"Storm drain system" means any facility by which
storm water may be conveyed to waters of the United States. The storm
drain system includes, but is not limited to, any roads with drainage
systems, streets, curbs, gutters, catch basins, natural and artificial
channels, ditches, aqueducts, storm drains, inlets, conduit or other
drainage structure.
"Storm water runoff" means surface runoff and
drainage associated with rain storm events and snow melt.
(d)
Responsibility for Administration. This Chapter shall be administered
for the City by the Director.
(e)
Regulatory Consistency. This Chapter shall be construed to assure
consistency with the requirements of the Federal Clean Water Act and
acts amendatory thereof or supplementary thereto, applicable implementing
regulations, and any existing or future Municipal NPDES Permits and
any amendments, revisions or reissuance thereof.
(f)
Severability. If any provision, clause, sentence, or paragraph of
this Chapter or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this Chapter which can
be given effect without the invalid provision or application, and
to this end, the provisions of this Chapter are hereby declared to
be severable.
(Ord. 747 § 4, 2022)
(a)
Discharge of Pollutants. A non-storm water discharge to the storm
drain system is a violation of this Chapter except as specified below.
(1)
The prohibition of discharges shall not apply to any discharge regulated
under a NDPES Permit or waiver issued to the discharger and administered
by the State of California under the authority of the EPA, provided
that the discharger is in full compliance with all requirements of
the permit or waiver and other applicable laws or regulations.
(2)
Discharges from the following activities will not be considered a
source of pollutants to waters of the United States when properly
managed: water line flushing and other discharges from potable water
sources, landscape irrigation and lawn watering, irrigation water,
diverted stream flows, rising ground waters, infiltration to separate
storm drains, uncontaminated pumped ground water, foundation and footing
drains, water from crawl space pumps, air conditioning condensation,
springs, individual residential car washing, flows from riparian habitats
and wetlands, dechlorinated swimming pool discharges or flows from
firefighting.
(b)
Discharge in Violation of Permit. Any discharge that would result
in or contribute to a violation of an existing or future Municipal
NPDES Permit(s) currently No. CA8000192 and No. CA0108766 on file
in the office of the City Engineer and any amendment, revision or
reissuance thereof, either separately considered or when combined
with other discharges, is a violation of this Chapter and is prohibited.
Liability for any such discharge shall be the responsibility of the
person(s) causing or responsible for the discharge, and such persons
shall defend, indemnify and hold harmless the City in any administrative
or judicial enforcement action relating to such discharge.
(c)
Illicit Connections. It is a violation of this Chapter to establish,
use, maintain, or continue illicit drainage connections to the City
storm drain system, or to commence or continue any illicit discharges
to the City drain system. This prohibition against illicit connections
is expressly retroactive and applies to connections made in the past,
regardless of whether permissible under the law or practices applicable
or prevailing at the time of the connection.
(d)
Reduction of Pollutants in Storm Water. It is a violation of this
Chapter to throw, deposit, leave, maintain, keep, or be thrown, deposited,
placed, left or maintained, any refuse, rubbish, garbage, abandoned
vehicle or other discarded or abandoned objects, articles, and accumulations,
in or upon any street, alley, sidewalk, storm drain, inlet, catch
basin, conduit or other drainage structures, business place, or upon
any public or private plot of land in the City, the only exception
being where such pollutant is being temporarily placed in an appropriate
container with a spill containment system for later collection and
removal. It is a violation of this Chapter to cause or permit any
dumpster, solid waste bin, or similar container leak such that any
pollutant is discharged into any street, alley, sidewalk, storm drain,
inlet, catch basin, conduit or other drainage structures, business
place, or upon any public or private plot of land in the City.
(e)
Outdoor Storage Areas. In outdoor areas, no person shall improperly
store motor vehicles, machine parts, or other objects in a manner
that may leak grease, oil, or other hazardous substances. To prevent
the discharge of hazardous substances from the property, the City
may require the installation of a spill containment system. Spill
containment systems may consist of a system of dikes, walls, barriers,
berms, or other devices as required. No person shall operate a spill
containment system such that it allows incompatible liquids to mix
and thereby create a hazardous condition.
(f)
Construction Sites. Any person performing construction work in the
City shall comply with the provisions of this Chapter.
(g)
New Development and Redevelopment. To minimize the discharge and
transport of pollutants, the City may require, in its discretion,
a new development or redevelopment project to control the volume and
rate of storm water runoff from the project so as to prevent any deterioration
of water quality which would impair the subsequent or competing uses
of the water. The Director may establish standards and guidelines
implementing BMPs designed to control the rate and volume of storm
water runoff from new developments and redevelopments as may be appropriate
to minimize the discharge and transport of pollutants.
Acceptable methods and standards for controlling storm water
runoff volumes, rates, and pollutant load may include, but are not
limited to, the following:
(1)
Increase Permeable Areas. Avoid placing impervious surfaces in highly
porous soil areas; incorporate landscaping and open space into the
project design, use porous materials for or near driveways and walkways,
incorporate detention ponds and infiltration pits into the project's
design; avoid placing pavement and other impervious surfaces in low
lying areas.
(2)
Direct Runoff to Permeable Areas. Direct storm water runoff away
from impermeable areas to swales, berms, green strip filters, gravel
beds, and trench drains.
(3)
Maximize Storm Water Storage for Reuse. Use retention structures,
subsurface areas, cisterns, or other structures to store storm water
runoff for reuse or slow release.
(h)
Compliance with General Permits. Any industrial discharger, discharger
associated with construction activity, or other discharger subject
to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, the Santa Ana Regional
Water Quality Control Board, the San Diego Regional Water Quality
Control Board or the Colorado River Basin Regional Water Quality Control
Board, shall comply with all requirements of such permit. This Chapter
shall specifically comply with the following permits: the Industrial
Storm Water General Permit, the Construction Activity Storm Water
General Permit, and the Dewatering General Permit. Proof of compliance
with said NPDES General Permits may be required in a form acceptable
to the Director prior to issuance of any City grading, building, or
occupancy permits.
(i)
Compliance with BMPs. Where BMPs guidelines or requirements have
been adopted by any Federal, State of California, regional, and/or
City agency, for any activity, operation, or facility which may cause
or contribute to storm water pollution or contamination, discharges,
and/or discharge of non-storm water to the storm water system, every
person undertaking such activity or operation, or owning or operating
such facility shall comply with such guidelines or requirements as
may be identified by the Director.
(Ord. 747 § 4, 2022)
(a)
Authority to Inspect. Whenever necessary to make an inspection to
enforce any of the provisions of this Chapter, or whenever an authorized
enforcement officer has reasonable cause to believe that there exists
in any building or upon any premises any condition which constitutes
a violation of the provisions of this Chapter, the officer may enter
such building or premises at all reasonable times to inspect the same
or perform any duty imposed upon the officer by this Chapter; provided
that if such building or premises be occupied, he or she shall first
(i) present proper credentials and request entry; and (ii) if such
building or premises be unoccupied, he or she shall first make a reasonable
effort to locate the owner or other persons leaving charge or control
of the building or premises and request entry.
Any such request for entry shall state that the property owner
or occupant has the right to refuse entry and that in the event such
entry is refused, inspection may be made only upon issuance of a search
warrant by a duly authorized magistrate. In the event the owner and/or
occupant refuses entry after such request has been made, the official
is hereby empowered to seek assistance from any court of competent
jurisdiction in obtaining such entry.
Routine or area inspections shall be based upon such reasonable
selection processes as may be deemed necessary to carry out the objectives
of this Chapter, including, but not limited to, random sampling and/or
sampling in areas with evidence of storm water contamination, illicit
discharges, discharge of non-storm water to the storm water system,
or similar factors.
(1)
Authority to Sample and Establish Sampling Devices. With the consent
of the owner or occupant or pursuant to a search warrant, any authorized
enforcement officer may establish on any property such devices as
are necessary to conduct sampling or metering operations. During all
inspections as provided herein, the officer may take any samples deemed
necessary to aid in the pursuit of the inquiry or in the recordation
of the activities on site.
(2)
Notification of Spills. All persons in charge of a facility or responsible
for emergency response for a facility are personally responsible to
train facility personnel and maintain notification procedures to assure
that immediate notification is provided to the City of any suspected,
confirmed or unconfirmed release of material, pollutants or waste
creating a risk of discharge into the City storm drain system. As
soon as any person in charge of a facility or responsible for emergency
response for a facility has such knowledge, such person shall take
all necessary steps to ensure the discovery and containment and cleanup
of such release and shall notify the City of the occurrence by telephoning
[ILLICIT DISCHARGE HOTLINE] and confirming the notification by correspondence
to the Director.
(3)
Requirement to Test or Monitor. Any authorized enforcement official
may request that any person engaged in any activity and/or owning
or operating any facility which may cause or contribute to storm water
pollution or contamination, illicit discharges, and/or discharge of
non-storm water to the storm water system, undertake such monitoring
activities and/or analyses and furnish such reports as the officer
may specify. The burden, including costs, of these activities, analyses
and reports shall bear a reasonable relationship to the need for the
monitoring, analyses and reports and the benefits to be obtained.
The recipient of such request shall undertake and provide the monitoring,
analyses and/or reports requested. In the event the owner or operator
of a facility subject to a monitoring and/or analyses order fails
to conduct required monitoring and/or analyses and furnish the required
reports in the form required, the authorized enforcement officer may
cause such monitoring and/or analyses and the cost therefor, including
the reasonable additional administrative costs incurred by the City
shall be borne by the owner of the property and the cost thereof shall
be invoiced to the owner of the property. If the invoice is not paid
within sixty (60) days of the issuance thereof, the costs shall be
a lien upon and against the property and continue in existence until
the same shall be paid. If the lien is not satisfied by the owner
of the property within three (3) months after the completion by an
authorized enforcement officer of the required monitoring and/or analyses
and reports, the property may be sold in satisfaction thereof in a
like manner as other real property is sold under execution.
(b)
Violations Constituting Misdemeanors. Unless otherwise specified
by ordinance, the violation of any provision of this Chapter, or failure
to comply with any of the mandatory requirements of this Chapter shall
constitute a misdemeanor, except that notwithstanding any other provisions
of this Chapter, any such violation, constituting a misdemeanor under
this Chapter, at the discretion of the authorized enforcement officer
may be charged and prosecuted as an infraction.
(c)
Penalties. It is unlawful for any person to violate any provision
of this Chapter. Any person violating any provision of this Chapter
shall be deemed guilty of an infraction or misdemeanor as hereinafter
specified. Such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation
of any of the provisions of this Chapter is committed, continued or
permitted.
Any person so convicted shall be (1) guilty of an infraction
offense and punished by a fine not exceeding one hundred dollars ($100.00)
for a first violation; (2) guilty of an infraction offense and punished
by a fine not exceeding two hundred dollars ($200.00) for a second
violation. The third and any additional violations shall constitute
a misdemeanor offense and shall be punishable by a fine not exceeding
one thousand dollars ($1,000.00) or six (6) months in jail or both.
Notwithstanding the above, a first offense may be charged and prosecuted
as a misdemeanor. Payment of any penalty herein shall not relieve
a person from the responsibility for correcting the violation.
(d)
Concealment. Causing, permitting, aiding, abetting or concealing
a violation of any provision of this Chapter shall constitute a violation
of such provision.
(e)
Acts Potentially Resulting in Violation of the Federal Clean Water
Act and/or Porter-Cologne Act. Any person who violates any provision
of this Chapter, any provision of any permit issued pursuant to this
Chapter, or who discharges waste or wastewater which causes pollution,
or who violates any cease and desist order, prohibition, or effluent
limitation also may be in violation of the Federal Clean Water Act
and/or Porter-Cologne Act and may be subject to the sanctions of those
Acts including civil and criminal penalty. Any enforcement action
authorized under this Chapter should also include notice to the violator
of such potential liability.
(f)
Violations Deemed a Public Nuisance. In addition to the penalties
hereinbefore provided, any condition caused or permitted to exist
in violation of any of the provisions of this Chapter is a threat
to the public health, safety and welfare, and may be declared and
deemed a nuisance, and may be summarily abated and/or restored by
any authorized enforcement officer, and/or civil action to abate,
enjoin or otherwise compel the cessation of such nuisance may be taken
by the City Attorney.
The cost of such abatement and restoration shall be borne by
the owner of the property and the cost thereof shall be a lien upon
and against the property and such lien shall continue in existence
until the same shall be paid. If the lien is not satisfied by the
owner of the property within three (3) months after the completion
by the authorized enforcement officer of the removal of the nuisance
and the restoration of the property to its original condition, the
property may be sold in satisfaction thereof in a like manner as other
real property is sold under execution.
If any violation of this Chapter constitutes a seasonal and
recurrent nuisance, the Director shall so declare. Thereafter such
seasonal and recurrent nuisance shall be abated every year without
the necessity of any further hearing.
In any administrative or civil proceeding under this Chapter
in which the City prevails, the City shall be awarded all costs of
investigation, administrative overhead, out-of-pocket expenses, costs
of administrative hearings, costs of suit and reasonable attorneys'
fees.
(g)
Judicial Review. The provisions of Section 131094.6 of the California
Code of Civil Procedure are applicable to judicial review of City
decisions pursuant to this Chapter.
(h)
Civil Actions. In addition to any other remedies provided in this
Section may be enforced by civil action brought by the City. In any
such action, the City shall grant, as appropriate, any or all of the
following remedies:
(1)
A temporary and/or permanent injunction.
(2)
Assessment of the violator for the costs of any investigation, inspection,
or monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing legal action
under this subsection.
(3)
Costs incurred in removing, correcting, or terminating the adverse
effects resulting from the violation.
(4)
Compensatory damages for loss or destruction to water quality, wildlife,
fish and aquatic life. Assessments under this subsection shall be
paid to the City to be used exclusively for costs associated with
monitoring and establishing storm water discharge pollution control
systems and/or implementing or enforcing the provisions of this Chapter.
(i)
Administrative Enforcement Powers. In addition to the other enforcement
powers and remedies established by this Chapter, any authorized enforcement
officer has the authority to utilize the following administrative
remedies:
(1)
Cease and Desist Orders. When an authorized enforcement officer finds
that a discharge has taken place or is likely to take place in violation
of this Chapter, the officer may issue an order to cease and desist
such discharge, or practice, or operation likely to cause such discharge
and direct that those persons not complying shall: (i) comply with
the requirement; (ii) comply with a time schedule for compliance;
and/or (iii) take appropriate remedial or preventive action to prevent
the violation from recurring.
(2)
Notice to Clean. Whenever an authorized enforcement officer finds
any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish,
refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land
or grounds, which may result in pollutants entering a City storm sewer
system or natural watercourse, or a non-storm water discharge to a
City storm sewer system or natural watercourse, he or she may give
notice to remove such oil, earth, dirt, grass, weeds, dead trees,
tin cans, rubbish, refuse, waste or other material, in any manner
that he or she may reasonably provide. The recipient of such notice
shall undertake the activities as described in the notice.
In the event the owner or operator of a facility fails to conduct
the activities as described in the notice, the authorized enforcement
officer may cause such required activities as described in the notice,
and the cost thereof shall be invoiced to the owner of the property.
If the invoice is not paid within sixty (60) days, a lien shall be
placed upon and against the property. If the lien is not satisfied
by the owner of the property within three (3) months after the completion
of the required activities by the authorized enforcement officer the
property may be sold in satisfaction thereof in a like manner as other
real property is sold under execution.
(j)
Authority to Arrest or Issue Citations. Authorized enforcement officers shall have and are hereby vested with the authority to arrest or cite any person who violates any Section of this Chapter in the manner release on citation of misdemeanor or infractions as prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).
Such authorized enforcement officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this Chapter.
(k)
Non-Exclusivity of Remedies. Remedies under this Chapter are in addition
to and do not supersede or limit any and all other remedies, civil
or criminal. The remedies provided for herein shall be cumulative
and not exclusive.
(l)
Appeal. Any person, firm, corporation or organization required to
perform monitoring, analyses, reporting and/or corrective activities
by an authorized enforcement officer who is aggrieved by the decision
of the authorized enforcement officer may appeal such decision to
the Director within ten (10) days following the effective date of
the decision in writing to the Director. Upon receipt of such request,
the Director shall request a report and recommendation from the authorized
enforcement officer and shall set the matter for hearing at the earliest
practical date. At said hearing, the Director may hear additional
evidence, and may reject, affirm or modify the authorized enforcement
officer's decision. Such decision shall be final.
(m)
Disclaimer of Liability. The degree of protection required by this
Chapter is considered reasonable for regulatory purposes and is based
on scientific, engineering and other relevant technical considerations.
The standards set forth herein are minimum standards and this Chapter
does not imply that compliance will ensure that there will be no unauthorized
discharge of pollutants into the waters of the United States. This
Chapter shall not create liability on the part of the City, any officer
or employee thereof for any damages that result from reliance on this
Chapter or any administrative decision lawfully made thereunder.
(Ord. 747 § 4, 2022)
