This chapter shall be entitled "stormwater and urban runoff pollution control" and shall be known as such throughout the code.
(Ord. 674 § 1, 2003)
Note: Prior ordinance history; Ord. 586
The purpose of this chapter is to protect the health and safety of the waters of the state and the United States, those who recreate in and consume food from those waters, and to protect marine habitats and ecosystems existing therein by:
A.
Effectively prohibiting nonstormwater discharges into the stormwater drainage system; and
B.
Reducing pollutant loads in stormwater and urban runoff to the maximum extent practicable.
The intent of this chapter is to enhance and protect water quality of receiving waters of the state and the United States in a manner that is consistent with the Clean Water Act. |
(Ord. 674 § 1, 2003)
For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section:
means the city engineer and any person designated by the engineer and under the engineer's instruction and supervision, who is assigned to investigate compliance and detect violations of this chapter.
means the city of Los Alamitos, California.
means the county of Orange, the Orange County Flood Control District, and/or any one of the municipalities, including the city of Los Alamitos, which is 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.
means DAMP Chapter VII and the Appendix thereto, entitled "Best Management Practices for New Development including Non-Residential Construction Projects."
means the director of community development or his or her designee.
means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any pollutant.
means the group of activities not restricted or prohibited by this chapter, including only:
Discharges composed entirely of stormwater; discharges covered under current EPA or regional water quality control board issued NPDES permits; or other waivers, permits or approvals granted by an appropriate government agency; discharges to the stormwater drainage system from potable water line flushing and other potable water sources; discharges to the stormwater drainage system from passive foundations drains; air conditioning condensation; water from crawl space pumps; passive footing drains; landscape irrigation; lawn garden watering and other irrigation waters; noncommercial vehicle washing at residences; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; diverted stream flows; rising ground waters and natural springs; ground water infiltration as defined in 40 CFR 35.2005(20); uncontaminated pumped groundwater; emergency fire fighting flows; waters not otherwise containing wastes as defined in California Water Code section 13050(d) and other types of discharges identified and recommended by the co-permittees and approved by the regional board.
means the city attorney, the district attorney acting as counsel to the city of Los Alamitos, or the designee of either of them, which counsel is authorized to take enforcement action as described in this chapter. For purposes of criminal prosecution, only the district attorney and/or city attorney shall act as the enforcing agency.
means the United States Environmental Protection Agency.
means the director of community development, or the director's designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein:
means any device or conveyance or drainage system, pipeline, conduit, inlet or outlet through or by which the discharge of any pollutant to the stormwater drainage system occurs or may occur, including, but not limited, to floor drains, pipes or any fabricated or natural conduits. 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 8.44.060, where a notice of noncompliance, administrative compliance order or other enforcement option under Section 8.44.070 is utilized to obtain compliance with this chapter.
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 county ordinance number 703.
means, for purposes of this chapter, all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permits or nonresidential plumbing permit is required.
means the National Pollutant Discharge Elimination System.
means the municipal discharge permit issued by the Santa Ana Regional Water Quality Control Board and entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the Santa Ana Region Area-wide Urban Storm Water Runoff, Orange County, Order No. R8-2002-0010 (NPDES No. CAS618030)," as that permit currently exists or may hereinafter be amended.
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 above.
means any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
Artificial materials, chips or pieces of natural or manmade materials (such as floatable plastics, wood or metal shavings);
Solid waste, including, but not limited to municipal waste, residential (household) waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil or other fluids from motor vehicles, lawn mowers and other common household equipment);
Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals, such as phosphors and arsenic;
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
Excessive eroded soils, sediment and particulate materials;
Animal wastes (such as discharges 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 8.5, or which cause receiving waters to have unusual coloration, turbidity or excessive levels of fecal coliform, fecal streptococcus or enterococcus;
Waste materials and wastewater generated on construction sites and by construction activities (including, but not limited to, paint, paint flakes, stain, sealants, glues, limes, pesticides, fertilizers, herbicides, wood preservatives, solvents, asbestos, or stucco fragments, oils, lubricants, hydraulic fluid, radiator fluid, battery fluids, construction equipment wash water, concrete pouring and cleanup wash water, concrete detergents, steam cleaning and sand blasting residues, chemical degreasing or diluting agents, and super chlorinated water generated by 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 extractable organic compounds;
Those pollutants defined in Section 1362(6) of the Clean Water Act, including solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal and agricultural waste discharged into water, and
Any other constituent or material discharged from a point source that may interfere with or adversely affect the beneficial uses of receiving waters, flora or fauna of the state.
The term pollutant shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. |
Standards for determining excessive levels of pesticides, herbicides and fertilizers and excessive levels of eroded soils, sediment and particulate materials shall be those levels specified by the county of Orange environmental management agency, the California Regional Water Quality Control Board for the Santa Ana Region, the State Water Resources Control Board, the U.S. Environmental Protection Agency or any other federal, state or local agency with jurisdiction. In the event of a conflict in the definitions employed by two or more agencies having jurisdiction, the term definition of excessive levels shall be the definition with the lower, more protective, threshold. |
means any real property, irrespective of ownership, which is not open to the general public.
means any discharge, which is not composed entirely of stormwater or which contains any pollutant, from public or private water 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 sloughs; 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 persons identified in and responsible for compliance with the provisions of a water quality management plan to be submitted to and approved by the community development department.
means the addition of 5,000 or more square feet of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of existing footprint of a building, construction of parking lots or similar impervious surfaces.
means the state general industrial stormwater permit, the state general construction permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency 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 streets, gutters, channels, stone drains, constructed drains, lined diversion structures, wash areas, inlets, outlets or other facilities, which are a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained or controlled by the city or any copermittee and used for the purpose of collecting, storing, transporting or disposing of stormwater.
means a plan for the control of stormwater prepared in accordance with the development project guidance.
means the rules, procedures, and interpretations thereof formulated by the director of community development or his or her designee to implement this chapter. The term water quality manual includes the city's local implementation plan, the DAMP and the NPDES permit.
(Ord. 674 § 1, 2003)
A.
No person shall:
1.
Construct, maintain, operate 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;
4.
Construct, maintain or operate a new development or significant redevelopment project without compliance with the water quality manual;
B.
The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:
1.
For all structural improvements to private property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption of this chapter; or
2.
For all nonstructural improvements to private property (including natural surface flow patterns, depressions or channels traversing one or more properties) 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 person in charge of the day to day activities 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 civil or administrative violation of subsection A of this section shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or cause, allow or facilitate any prohibited discharge.
D.
If an 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 private 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 of this section.
E.
The owner or person in charge of the day to day activities of private property on which a legal non-conforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 8.44.070(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 city manager 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 discharges in the legal nonconforming connection; and
3.
The financial effect upon the discharges of a termination of the legal nonconforming connection.
(Ord. 674 § 1, 2003)
A.
New Development and Significant Redevelopment.
1.
All new development and significant redevelopment within the city shall be undertaken in accordance with:
a.
A water quality management plan, which shall be prepared in accordance with the development project guidance;
b.
The water qualify manual; and
c.
Any conditions and requirements established by the director, 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 and/or safety permit for any new development or significant redevelopment, the applicant shall submit to and obtain the approval of the city engineer for a water quality management plan. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or safety permit, the applicant shall submit to and obtain the approval of the city engineer of a water quality management plan prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map.
3.
Notwithstanding the foregoing subsections (A)(1) and (2) of this section, a water quality management plan shall not be required for construction of a single-family detached residence unless the city engineer determines 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 a water quality management plan shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5.
If the city engineer determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for preparation and approval of a water quality management plan.
6.
Each water quality management plan shall name a responsible party for the project.
7.
The owner of a new development or significant redevelopment project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved water quality management plan.
Each failure by the owner of the private property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements of an approved water quality management plan shall constitute a violation of this chapter.
8.
The city engineer may require the water quality management plan be recorded with the county recorder's office by the private property owner. The signature of the owner of the private property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan, and a signature on behalf of the city shall not be required for recordation.
B.
Cost Recovery. The costs and expenses of the city engineering department incurred in the review, approval, or revision of any water quality management plan (or in the approval or revision of any such plan) shall be assessed to the private property owner or responsible party and shall be due and payable to the city. The director of community development may 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 private property owner or responsible party.
C.
Litter Control. No person shall discard any solid waste, 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 or private property, whether occupied, open or vacant, including, but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system.
Every person occupying or having charge and control of private property on which a prohibited disposal of solid waste occurs shall cause the proper collection and disposal of same.
A prohibited disposal of solid waste creates a danger to public health, safety and welfare and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or person in charge of the day to day activities of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the private property.
(Ord. 674 § 1, 2003)
A.
Scope of Inspections and Monitoring.
1.
Right to Inspect. Except for annual inspections of high priority industrial facilities, prior to commencing any inspection as described in this section, the authorized inspector shall obtain either the consent of the owner or person in charge of the day to day activities of the private property, or shall obtain an administrative inspection warrant or criminal search warrant. As to high priority industrial facilities, because high priority industrial facilities are identified under the NPDES permit as creating increased threats to water quality, the authorized inspector is authorized to inspect each such high priority industrial facility once annually, during normal business hours upon 24 hours notice to the owner, operator, or person responsible for the day to day activities of such facility.
2.
Entry to Inspect. The authorized inspector may enter private property to investigate the source of any discharge of a pollutant to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the city.
3.
Compliance Assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this chapter.
4.
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.
5.
Records Review. The authorized inspector may inspect all records of the owner or person in charge of the day to day activities of private 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, illicit discharges, prohibited discharges, a legal nonconforming connection or any other source of discharge or potential discharge of pollutants to the stormwater drainage system.
6.
Sampling and Testing. 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 contained contents) and/or treatment system discharge for the purpose of determining the potential for the discharge 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 private property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The authorized inspector may take photographs or video tapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the private property.
7.
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.
8.
Test Results. The owner, operator, or person in charge of the day to day activities of private property subject to inspection shall, on submission of a written request, be provided copies of all monitoring and test results conducted by the authorized inspector.
B.
Industrial Sites—BMPs, Monitoring.
1.
BMP Implementation. Each owner, operator, or person in charge of day to day activities of each industrial site in the city shall implement those minimum BMPs as may be designated by the director. For those industrial sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, such BMPs shall include such additional controls that the director may require.
2.
Monitoring. All high priority industrial sites shall implement a monitoring program as required by the director. Such monitoring program shall include a program that provides quantitative data from two storm events per year for the following constituents:
a.
Any pollutant listed in effluent guidelines subcategories where applicable;
b.
Any pollutant for which an effluent limit has been established in an existing NPDES permit for the facility;
c.
Oil and grease or total organic carbon (TOC);
d.
pH;
e.
Total suspended solids (TSS);
f.
Specific conductance;
g.
Toxic chemicals and other pollutants that are likely to be present in stormwater discharges; and
h.
Any pollutant that may be used, stored, or generated at a facility for which is a tributary of an impaired water body (where the water body is impaired for that pollutant), unless the facility can demonstrate approval of a no exposure certification.
C.
Commercial Sites—BMPs. Each owner, operator, or person in charge of day to day operations of a high priority commercial site in the city shall implement those minimum BMPs as may be designated by the director. For those commercial sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, BMPs shall include such additional controls as the director may require.
D.
Residential Areas and Activities—BMPs. Each owner, operator, or person in charge of day to day operations of each high priority residential area and activity in the city shall implement those minimum BMPs as may be designated by the director. For those high priority residential areas and activities that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, BMPs shall include such additional controls as the director may require.
E.
Common Interest Areas and Homeowners' Associations. Each person who owns, operates, or is in charge of day to day activities of common interest areas on private property in the city shall ensure that run-off within common interest areas from private roads, drainage facilities, and other components of the stormwater conveyance system, including those managed by homeowners' associations, meets the objectives of the NPDES permit, as may be required by the director.
F.
Construction Sites—Permit Approvals, BMPs, Inspections.
1.
Construction and Grading Permits. Prior to issuance of any construction or grading permit, the director may require, as a condition to such permit, the implementation of BMPs to ensure that the discharge of pollutants from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. Each construction site shall implement such BMPs to ensure that discharges of pollutants are reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable city ordinances and the NPDES permit. Construction and grading permit requirements to be implemented by the project proponent include the following requirements or their equivalent:
a.
Developing and implementing a plan to manage stormwater and nonstormwater discharges from the site at all times;
b.
Implementing BMPs for any rain events, as necessary to comply with the NPDES permit;
c.
Emphasizing erosion prevention as the most important measure for keeping sediment on-site during construction;
d.
Utilizing sediment controls as a supplement to erosion prevention for keeping sediment on-site during construction, but not as the single or primary method;
e.
Minimizing areas that are cleared and graded to only the portion of the site that is necessary for construction;
f.
Minimizing exposure time of disturbed soil areas;
g.
Temporarily stabilizing and reseeding disturbed soil areas as rapidly as possible;
h.
Permanently revegetating or landscaping as early as feasible;
i.
Stabilizing all slopes; and
j.
For each project proponent subject to the statewide general construction stormwater permit, providing evidence of existing coverage under such permit.
2.
BMP Implementation. Each owner, operator, or person in charge of day to day activities of each construction and/or grading site in the city shall implement those minimum BMPs as may be designated by the director. For those construction sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, such BMPs shall include such additional controls as the director may require.
3.
Inspections. Construction and grading sites, and discharges from such sites and operations, are identified under the NPDES permit as creating increased threats to water quality during the rainy season. The authorized inspector is authorized to inspect each high priority construction site at least once weekly during the rainy season, during normal business hours. The authorized inspector may further inspect each medium/low priority construction site, at least twice during the rainy season, during normal business hours upon 24 hours notice to the owner, operator, or person responsible for the day to day operations of such site.
(Ord. 674 § 1, 2003)
In addition to the provisions of Chapter 8.23, this chapter may be enforced as follows:
A.
Administrative Remedies.
1.
Notice of Noncompliance. The authorized inspector may deliver to the owner or person in charge of the day to day activities of any private 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)(5) of this section.
a.
The notice of noncompliance shall identify the provisions of this chapter, the applicable water quality management plan, water quality manual provision or permit which has been violated. The notice of non-compliance shall state that continued noncompliance may result in additional enforcement actions against the owner, person in charge of the day to day activities and/or person.
b.
The notice of noncompliance shall state a compliance date that must be met by the owner, person in charge of the day to day activities and/or person; provided, however, that the compliance days 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.
a.
The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with subsection (A)(5) of this section. The administrative compliance order may be issued to:
i.
The owner or person in charge of the day to day activities of any private property requiring abatement of conditions that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;
ii.
The owner of private property or a responsible party subject to the requirements of any water quality management plan to ensure implementation of and adherence to the terms, conditions and requirements of the plan;
iii.
Any person responsible for an illicit connection or prohibited discharge.
b.
The administrative compliance order may include the following terms and requirements:
i.
Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including, but not limited to, the threat of a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
ii.
Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
iii.
Specific requirements for containment, clean-up, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
iv.
Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency;
v.
Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any water quality management plan, the water quality manual or permit issued pursuant hereto.
3.
Cease and Desist Orders.
a.
The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with subsection (A)(5) of this section. A cease and desist order may direct the owner or person in charge of the day to day activities of any private property and/or other person responsible for a violation of this chapter to:
i.
Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
ii.
Immediately contain or divert any flow of water off the private property, where the flow is occurring in violation of any provision of this chapter;
iii.
Immediately discontinue any other violation of this chapter;
iv.
Clean up the area affected by the violation.
b.
The authorized inspector, by cease and desist order, may direct that the owner of any private property, or the responsible party subject to the terms and conditions of any water quality management plan immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable water quality management plan, water quality manual or permit.
4.
Recovery of Costs. The authorized inspector may deliver to the owner or person in charge of the day to day activities of any private property, any permittee or any responsible party, 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)(5) of this section. 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.
If any owner or person in charge of the day to day activities, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with subsection (A)(6) of this section, then the enforcing attorney may institute collection proceedings.
5.
Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice for 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)(6) through (A)(10) of this section.
b.
Delivery shall be deemed complete upon: (1) a personal service to the recipient; (2) deposit in the U.S. mail, postage prepaid for first class delivery; or (3) facsimile service with confirmation of receipt.
c.
If the recipient of notice is the owner of the private property, the address for notice shall be the address from the most recently issued equalized assessment roll for the private property or as otherwise appears in the current records of the city.
d.
If the owner or person in charge of the day to day activities of any private 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 private property for a period of ten business days.
6.
Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in subsection (A)(8) of this section, 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.
7.
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 30 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 copies of the request for administrative hearing mailed on the date of filing to the city engineer. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
8.
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.
9.
Hearing Proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
10.
Final Decision and Appeal. The final decision of the hearing officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision.
Notwithstanding this subsection, 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.
11.
City Abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued 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 private 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) of this section.
B.
Nuisance. Any condition in violation of the prohibitions 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 Government Code Section 38771.
1.
Court Order to Enjoin or Abatement. At the request of the city council, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
2.
Notice to Owner and Person in Charge of the Day to Day Activities. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager shall provide notice of the proposed injunction or abatement to the owner and person in charge of the day to day activities, if any, of the private 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 city manager or his or her designee may enter the private property from which the nuisance emanates, abate the nuisance and restore any private property affected by the nuisance, without prior notice to or consent from the owner or person in charge of the day to day activities 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)(8) of this section 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 persons creating, causing, committing or maintaining the nuisance.
5.
Nuisance Lien. All costs shall become a lien against the private property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Section 38773.1 and Section 38773.5. The owner of record of the private property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1.
At the direction of the city council, 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 private property in accord with the conditions and requirements of Government Code Section 39773.5.
C.
Criminal Sanctions.
1.
Prosecutor. The enforcing attorney may act on the request of the city council 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 prosecuting 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 water quality management plan or permit, 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 failure to comply with any provision of this chapter, an administrative compliance order, a cease and desist order, an applicable water quality management plan, or any permit issued pursuant to this chapter, shall constitute a separate violation of this chapter.
E.
Nonexclusive Remedies. Each remedy available for the enforcement of this chapter shall be nonexclusive. 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 Penal Code Section 836.5, the authorized inspector shall have the authority to cause the arrest of any natural person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Section 853.5, Section 853.6, and Section 853.9, 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 alleged violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least ten 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 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 Section 505 of the Clean Water Act, 33 U.S.C. Section 1365, seeking penalties, damages and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the attorney general of California, the Santa Ana or San Diego regional water quality control boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
H.
Injunctions. At the request of the city council, 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 non-compliance with the provisions of this chapter.
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 as authorized by law.
I.
Other Civil Remedies.
1.
The city council may ask the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of: (1) 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; (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (3) 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. 674 § 1, 2003)
A.
The Clean Water Act authorizes the NPDES permit for the Orange County area and provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coordinated effort of the county and the co-permittees is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Santa Ana/San Diego Regions, the NPDES permit, the DAMP, this chapter, the Appendices to the DAMP, including, but not limited to, the Development Project Guidance, monitoring and data collection cooperation and regular emergency and spill response planning activities.
B.
The city may 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. 674 § 1, 2003)
A.
Compliance Disclaimer. Full compliance by any person 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.
B.
Severability. If any provision of this chapter or the application of the chapter to any circumstance is held invalid, the remainder of the chapter or the application of the chapter to other persons or circumstances shall not be affected.
C.
Repeal of Prior Ordinance. The enactment of the ordinance codified in this chapter by city shall repeal the provisions of county ordinance number 703 enacted for the permitting of discharges of industrial waste to ground or surface waters and no new discharge permits shall be issued thereunder, provided, however, that connection to discharge under the terms and conditions of any individual discharge permit issued prior to the date of enactment of the water quality ordinance shall be allowed hereunder as a legal nonconforming connection.
(Ord. 674 § 1, 2003)
The provisions of Section 1094.5 and Section 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such an action within (90) days of the occurrence of the event for which review is sought.
(Ord. 674 § 1, 2003)