This chapter shall be known as the "City of Imperial Beach Stormwater Management, and Discharge Control Ordinance."
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
The purposes of the ordinance codified in this chapter are to restore and maintain the water quality of receiving waters and further protect the health, safety and general welfare of City of Imperial Beach residents; to effectively prohibit non-stormwater discharges to the MS4; to cause the use of stormwater best management practices by the City, its residents, and businesses that will reduce polluted stormwater runoff discharging from the MS4 to receiving waters to the maximum extent practicable; and to ensure the City is compliant with applicable state and federal law. This chapter seeks to promote these purposes by:
A.
Preventing prohibited non-stormwater discharges to the stormwater conveyance system, receiving waters, and the environment;
B.
Establishing minimum best management practices for stormwater management for existing developed areas;
C.
Establishing requirements for the design of stormwater best management practices for development projects;
D.
Establishing requirements for the management of stormwater flows from construction projects;
E.
Controlling the contribution of stormwater pollutants through the development and implementation of watershed based plans and through interagency agreements;
F.
Controlling the contribution of stormwater pollutants from discharges not covered under NPDES Permit No. CAS0109266 or as amended such as Caltrans, U.S. Federal Government, and Mexico through inter-agency agreements and other collaborative efforts;
G.
Establishing standards to meet the requirements of state and federal law and the NPDES Permit No. CAS0109266 or as amended;
H.
Assessing the effectiveness of BMPs and updating the City's stormwater management program through an adaptive planning and management process to reduce the discharge of pollutants in stormwater from the stormwater conveyance systems to the maximum extent practicable (MEP);
I.
Requiring enforcement of the this chapter to hold dischargers to the stormwater conveyance system accountable for their contribution of pollutants and flows.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter whether or not these words or phrases are capitalized:
means the City Manager or designee.
means any City employee assigned to duties involving permits and other City approvals, inspections, and enforcement related to this chapter.
means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater conveyance system. Best management practices also include but are not limited to treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure, approved by the City and consistent with San Diego Regional Water Quality Control Board Stormwater Permit, that can help to achieve compliance with this chapter.
means best management practices.
means a natural or improved watercourse designed to convey stormwater runoff.
means the City of Imperial Beach.
means all non-residential facilities engaged in business or commerce, whether for profit or not-for-profit, or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non-stormwater or the discharge of pollutants to stormwater.
means any activity that moves soils, substantially alters the preexisting vegetated or man-made cover of any land, or any building activity that may potentially release stormwater pollutants. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.
means a person who seeks or receives permits for or who undertakes land development activities.
means developer.
when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the stormwater conveyance system or receiving waters, from an activity or operations that one owns or operates. When used as a noun, "discharge" means the pollutants, stormwater and/or non-stormwater that are discharged.
means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering stormwater, the stormwater conveyance system, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
means development and redevelopment projects that are subject to personal judgment or the freedom to choose among possible courses of action.
means a legal right granted by a land-owner to a grantee allowing the use of private or public land for stormwater management purposes.
means a pipe, facility, or other device connected to the stormwater conveyance system or receiving waters, which has not been reviewed and authorized by the City; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges.
means any discharge to the stormwater conveyance system or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of non-stormwater that are not exempt discharges listed in Section 8.30.060, any discharge from an illegal connection, and any discharge that contains additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a City permit or a NPDES permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES permit are illegal discharges for purposes of this chapter unless compliance with all applicable permit conditions is maintained.
means the stormwater requirements for all development or redevelopment projects in the City adopted by resolution that provides procedures for planning, selecting, and designing permanent stormwater BMPs based on performance standards presented in the 2013 NPDES Permit No. CAS0109266 or as amended. All references in this chapter to the "Imperial Beach BMP Design Manual" update and replace the Standard Urban Stormwater Mitigation Plan (SUSMP) formally contained in Chapter 8.32.
means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways.
means any facility subject to the state general industrial stormwater permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials, or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the state general industrial stormwater permit.
means the holder of legal title to the land, and other persons or entities that exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long-term lease.
means periodic action taken to maintain the as-designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.
means the technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) for stormwater that operators of MS4 must meet. Technology-based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by combination of source control and treatment control BMPs. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). MEP considers economics and is generally, but not necessarily, less stringent than best available technology.
means new development and redevelopment projects undertaken in a manner prescribed by law or order, without the exercise of personal judgment.
means the municipal separate storm sewer system holds the same definition as the stormwater conveyance system.
means any discharge to the stormwater conveyance system that is not entirely composed of stormwater from a rain event.
means a National Pollutant Discharge Elimination System permit issued by the U.S. Environmental Protection Agency, the SWRCB, or the RWQCB.
means any agent introduced to stormwater or non-stormwater that may cause or contribute to the degradation of water quality such that public health, the environment, or beneficial uses of waters may be affected. The term may include, but is not limited to, dredged soil, rock, sand, or silt (excluding sediment, silt, or substances in quantities which would enter stormwater from a natural undeveloped watershed); solid waste, sewage, garbage, or medical waste; wrecked or discarded equipment; radioactive materials; industrial waste; fecal coliform, fecal streptococcus, and enterococcus bacteria and other pathogens that pose a threat to human health; volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides; and any contaminant which can significantly degrade the quality of receiving waters by altering pH, total suspended or settleable solids, biochemical oxygen demand, chemical oxygen demand, nutrients, or temperature.
means a structural BMP (other than a temporary construction-related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in stormwater or receiving waters, or to prevent or reduce erosion downstream from the project.
means all categories listed as follows (or as defined in Order No. R9-2013-0001, NPDES No. CAS0109266 issued by the San Diego Regional Water Quality Control Board) or as amended:
New development projects that create 10,000 square feet or more of impervious surfaces (collectively over the entire project site). This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land.
Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site on an existing site of 10,0000 square feet or more of impervious surfaces). This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land.
New and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site), and support one or more of the following uses:
Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812).
Hillside Development Projects. This category includes development on any natural slope that is 25% or greater.
Parking Lots. This category is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce.
Streets, Roads, Highways, Freeways, and Driveways. This category is defined as any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
New or redevelopment projects that create and/or replace 2,500 square feet or more of impervious surface (collectively over the entire project site), and discharging directly to an environmentally sensitive area (ESA). "Discharging directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e., not commingled with flows from adjacent lands).
New development projects, or redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface, that support one or more of the following uses:
Automotive Repair Shops. This category is defined as a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
Retail Gasoline Outlets (RGOs). This category includes RGOs that meet the following criteria: (i) 5,000 square feet or more; or (ii) a projected average daily traffic (ADT) of 100 or more vehicles per day.
New or redevelopment projects that result in the disturbance of one or more acres of land and are expected to generate pollutants post construction.
means all waters that are "waters of the United States."
means any construction, alteration or improvement at an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that is not part of a routine maintenance activity, and other activities that create additional impervious surfaces.
means the California Regional Water Quality Control Board for the San Diego Region.
means an order issued which requires that specifically identified activity or all activity on a site be halted.
means surface runoff and drainage associated with storm events.
means private and public drainage facilities other than sanitary sewers within the City by which urban runoff may be conveyed to receiving waters, and includes, but is not limited to, roads, streets, alleys, constructed channels, aqueducts, storm drains, pipes, street gutters, inlets to storm drains or pipes, or catch basins.
means the use of structural or non-structural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the City or another municipality, stormwater management also includes planning and programmatic measures.
means a plan, submitted on a City form or in a City-specific format in connection with an application for a City permit or other City approval, identifying the measures that will be used for stormwater and non-stormwater management during the permitted activity.
means Order No. R9-2013-0001, NPDES No. CAS0109266 issued by the San Diego Regional Water Quality Control Board or as amended.
means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition), or on a constructed or installed device to reduce or prevent pollutants in urban runoff discharges and authorized non-stormwater discharges. Constructed or enhanced BMPs that depend on natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands), and that require periodic maintenance to function as designed, are structural BMPs.
means the State Water Resources Control Board.
means all flows in a stormwater conveyance system in the City other than point source discharges in violation of a site-specific NPDES permit. Urban runoff includes, but is not limited to, stormwater, exempt non-stormwater discharges, and illicit discharges.
means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands.
(Ord. 2002-978 § 1; Ord. 2003-996 §§ 1, 2; Ord. 2003-1009 § 1; Ord. 2008-1062 § 1; Ord. 2010-1096 § 1; Ord. 2016-1158 § 1)
A.
Responsibility for Administration. Its authorized enforcement officials shall administer this chapter for the City of Imperial Beach.
B.
Effective Date. This chapter shall take effect on November 2, 2016.
C.
Application. Interpretation of the meanings of parts of this chapter shall assure consistency with the purpose and intent of this chapter. This includes, but is not limited to, consistency with the requirements of NPDES Permit No. CAS0109266 or as amended. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Stormwater and non-stormwater discharges regulated under a valid facility-specific NPDES permit or facility-specific RWQCB Waste Discharge Requirements Permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB.
D.
Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid.
E.
City Permits and Approvals. An application for any of the following discretionary or ministerial permits or approvals shall be accompanied by plans demonstrating how the stormwater pollution control requirements of this chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this chapter:
1.
Demolition permit;
2.
Grading plan (including modification or renewal);
3.
Improvement plan (including modification);
4.
Conditional use permit (including modification or minor deviation);
5.
Design review approval (including modification, minor deviation, or extension);
6.
Site plan (including amendment);
7.
Tentative map (including resolution amendment or time extension);
8.
Tentative parcel map;
9.
Coastal development permit;
10.
Encroachment permit.
F.
Imperial Beach BMP Design Manual. The City may establish and adopt by resolution minimum standards for post-construction stormwater BMPs for development and redevelopment projects to establish procedures for planning, selecting, and designing permanent stormwater BMPs based on performance standards presented in NPDES Permit No. CAS0109266 or as amended by the RWQCB. These standards shall be known as the Imperial Beach BMP Design Manual.
G.
Guidance Documents. Any authorized enforcement official may prepare, disseminate and maintain guidance documents adopted through resolution to address pollution prevention practices and BMPs for specific activities or facilities, illicit connections, and illegal discharges. Guidance documents include, but may not be limited to, the adopted City of Imperial Beach Jurisdictional Runoff Management Plan (JRMP), Tijuana River Water Quality Improvement Plan, San Diego Bay Water Quality Improvement Plan, NPDES Permit No. CAS0109266 or as amended by the RWQCB, and the Imperial Beach BMP Design Manual. These guidance documents identify practices that have been determined by the authorized enforcement official to be additional BMPs that must be implemented to prevent or control pollution to the maximum extent practicable (MEP).
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Illegal Discharges. The discharge of pollutants, including non-stormwater dry weather discharges, directly or indirectly into the stormwater conveyance system or receiving waters is prohibited, except as exempted in Section 8.30.060 of this chapter and unless the applicable requirements of this chapter have been met. It is unlawful for any person to cause or contribute any discharge into the stormwater conveyance system that results in a violation of the stormwater permit.
B.
Illegal Connection. The establishment of illegal connections to the stormwater conveyance system is prohibited. The use of illegal connections is prohibited, even if the connection was established pursuant to a valid City permit and was legal at the time it was constructed.
C.
Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may discharge pollutants or result in an illegal discharge to the stormwater conveyance system is prohibited unless written authorization is provided by the City.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Permitted Discharges. Any discharge to the stormwater conveyance system that is authorized by a separate NPDES permit issued to the discharger by the state pursuant to Division 7 of the California Water Code are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions are maintained to the satisfaction of the RWQCB.
B.
Permitted Groundwater Discharges. Non-stormwater discharges to the MS4 from the following categories are allowed if: (1) the discharger obtains coverage under NPDES Permit No. CAG919001 (RWQCB Order No. R9-2007-0034, or subsequent order) for discharges to San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or (2) the RWQCB determines in writing that coverage under NPDES Permit No. CAG919001 (or subsequent permit) is not required. Otherwise, non-stormwater discharges from the following categories are illegal discharges:
1.
Discharges from uncontaminated pumped groundwater;
2.
Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year;
3.
Discharges from water from crawl space pumps;
4.
Discharges from water from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year.
C.
Permitted Discharges from Water Line Flushing. Non-stormwater discharges from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 (RWQCB Order No. R9-2010-0003, or subsequent order), and the discharge is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines are allowed if the discharges have coverage under an NPDES permit.
D.
Allowable Discharges. Non-stormwater discharges to the stormwater conveyance system from the following categories are allowed, unless the City's enforcement official or the RWQCB identifies the discharge as a source of pollutants to receiving waters, in which case non-stormwater discharges from the following categories are illegal discharges:
1.
Discharges from diverted stream flows;
2.
Discharges from rising groundwater;
3.
Discharges from uncontaminated groundwater infiltration to the MS4;
4.
Discharges from springs;
5.
Discharges from flows from riparian habitats and wetlands;
6.
Discharges from potable water sources, except that irrigation runoff discharges are considered illegal discharges and are not allowed;
7.
Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-stormwater discharges under unusual circumstances;
8.
Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non-stormwater discharge under unusual circumstances.
E.
Conditionally Allowed Discharges. Non-stormwater discharges from the following categories are conditionally allowed if they are controlled through implementation of minimum BMPs. Otherwise, non-stormwater discharges from the following categories are illegal discharges:
1.
Air Conditioning Condensation. Air conditioning condensation shall be directed to landscaped areas, pervious surfaces, or sanitary sewer, where feasible.
2.
Residential Vehicle Washing. Wash water from residential vehicle washing shall be directed to landscaped areas or other pervious surfaces, where feasible. Residents shall minimize the use of water through the use of an automatic shutoff nozzle or equivalent and minimize the use of detergents and other vehicle washing products. Discharges from commercial car washes, car wash fund raisers, or similar non-residential car wash activities are considered illegal discharges.
3.
Swimming Pool Water. Residual chlorine, algaecide, filter backwash, or other pollutants from swimming pools shall be eliminated prior to discharging to the stormwater conveyance system. Saline swimming pool water must be directed to the sanitary sewer, landscaped area, or other pervious surfaces that can accommodate the volume of water, unless the saline swimming pool water can be discharged via a pipe or concrete channel directly to a naturally saline water body.
4.
Non-Emergency Firefighting. Non-emergency firefighting discharges from control burns or training practices shall implement stormwater BMPs to reduce or eliminate pollutants from entering the stormwater conveyance system. Building fire suppression system maintenance water shall be directed to the sanitary sewer or receive filtration before discharge.
5.
Emergency Firefighting. Stormwater BMPs are encouraged to reduce or eliminate pollutants from emergency firefighting discharges. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety.
F.
Exemptions Not Absolute. Any conditionally allowed discharge category described in Section 8.30.060 above identified as a significant source of pollutants by the City's enforcement official or RWQCB shall be prohibited from entering the stormwater conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Reduce Pollutants to MEP. Every person undertaking any activity or use of premises which may cause or contribute to stormwater pollution, illegal discharges, or non-stormwater discharges to the stormwater conveyance system shall implement stormwater BMPs that reduce the risk of stormwater pollution to the MEP. Stormwater guidance documents in Section 8.30.040(G) establish minimum BMPs for specific facilities and pollutant generating activities.
B.
Responsible and Liable. Private property owners and dischargers are responsible to prevent the release of pollutants from any activity or use on a premises and must mitigate in accordance to subsection D for the release of pollutants that reach the stormwater conveyance system or pollutants that accumulate in the public right-of-way to the property.
C.
Stormwater Management Plan. Authorized enforcement staff may require any facility or operation that is engaged in activities which may result in pollutant discharges to the stormwater conveyance system to develop and implement a stormwater management plan that will reduce or prevent stormwater pollution to the MEP.
D.
Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement staff, who issued notice to the discharger that a discharge was illegal, shall determine whether mitigation measures proposed or completed by the discharger or property owner meet the standards of this chapter and applicable permit conditions or other applicable laws. Notwithstanding the granting of any period of time to the discharger to correct the damage, the discharger shall remain liable for any fines or penalties imposed pursuant to this chapter, or by the RWQCB.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Permit Issuance. No land owner or development project proponent shall receive any City grading, clearing, building, encroachment or other development permit required for construction activity without first meeting the requirements of this chapter with respect to the portion of the project and construction activity to which the permit at issue would apply.
B.
Owners and Operators Both Responsible and Liable. Persons or entities performing construction activities in the City, and the owners of land on which construction activities are performed, are dischargers for purposes of this chapter; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C.
Stormwater Management Plan. All applications to the City for a permit or approval associated with construction activity must be accompanied by a stormwater management plan, on a form or in a format specified by the City. The stormwater management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including, but not limited to, the applicable BMPs required by subsection D of this section.
D.
Additional Minimum BMPs for Construction Management Activities. Whether a City permit or approval is required or not, and whether a Stormwater Management Plan is required to be submitted or not, all dischargers engaged in construction activities shall implement BMPs that protect construction activities from the unintended release of pollutants. All property owners and contractors performing construction activity must install, implement, and maintain BMPs to prevent the discharge of pollutants to the MEP.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City permit or approval listed in Section 8.30.040(E) of this chapter for development activity or redevelopment activity unless the project meets or will meet the requirements of this chapter. The application of post-construction BMP requirements imposed by this section and/or by the Imperial Beach BMP Design Manual as a condition of a permit or other approval shall not require retroactive application of the post-construction BMP requirements to a project that has received prior lawful approval pursuant to a previously issued valid City permit.
B.
Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which development activities are performed, are dischargers for purposes of this chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
C.
Post-Construction Best Management Practices Required. Development and redevelopment projects with the poten-tial to add pollutants to stormwater or to affect the flow rate or velocity of stormwater runoff after construction is completed, shall be designed to include and shall implement post-construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP and will not cause or contribute to an exceedance of receiving water quality objectives in accordance with the requirements defined in the Imperial Beach BMP Design Manual.
D.
Required BMPs. Development and redevelopment projects must implement source control BMPs and site design (low impact development) BMPs where applicable and feasible to maximize stormwater infiltration and pollution control on site.
E.
Post-Construction Best Management Practices Required for Priority Development Projects. Development or redevelopment projects that meet the criteria as a priority development project shall design and implement post-construction treatment control BMPs that meet the design criteria for treatment and retention of stormwater as established in the Imperial Beach BMP Design Manual and NPDES Permit No. CAS0109266 or as amended. Priority development projects must develop a stormwater management plan for post-construction treatment control BMPs for certification by the City engineer prior to receiving a grading or building permit.
F.
Stormwater Management Plan Review Deposit. Stormwater management plan review, fees may be set, from time to time, by resolution of the City Council.
G.
Control to the Maximum Extent Practicable. All discharges engaged in development and redevelopment activities shall install, implement and maintain post-construction BMPs in order to prevent or reduce pollutant discharges in stormwater from new development to the MEP.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Existing Development. Dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter.
B.
Post-Construction BMPs. The owners and occupants of lands on which post-construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs, and shall themselves maintain those BMPs if other persons or entities who are also obliged to maintain those BMPs (by contract or covenant, or pursuant to this chapter) fail to do so.
C.
Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contact or agreement will also be legally obliged to maintain that BMP pursuant to this chapter.
D.
Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter.
E.
Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer.
F.
Maintenance Plans for Development Projects. The proponents of any priority development project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all post-construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post-construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three years.
G.
Access Easement/Agreement. The proponents of any priority development project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post-construction BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs.
H.
Assurance of Maintenance for Land Development Projects. The proponents of any priority development project that requires a discretionary City permit, shall provide to the City prior to issuance of such permit, proof of a mechanism acceptable to the City which will ensure ongoing long-term maintenance of all post-construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless and until an alternative mechanism for ensuring maintenance is accepted by the City and becomes effective.
I.
Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
A.
Regulatory Inspections and Certification Programs. Authorized enforcement staff may establish inspection or certification programs to evaluate and enforce compliance with the requirements of this chapter. Authorized enforcement staff may inspect commercial businesses, construction activities and private residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.
B.
Inspections of Post-Construction BMPs. When any new post-construction BMP is installed on private property as part of a project that requires a City permit, in order to comply with this chapter, the property owner shall grant to the City an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
C.
Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this chapter.
D.
Sampling, Testing, Inspection, Monitoring, and Reporting. The authorized enforcement official or authorized enforcement staff may order a discharger to conduct sampling, testing, inspection or monitoring and to report the results to the City if: (1) the authorized enforcement official determines that it is needed to assess whether BMPs are effectively preventing or reducing pollution in stormwater to the MEP, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official or authorized enforcement staff determines that sampling, testing, inspection or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official or authorized enforcement staff; or (4) repeated violations have been documented by written notices from authorized enforcement officials or authorized enforcement staff; or (5) the RWQCB requires the City to provide any information related to the discharger's activities.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
In addition to failing to comply with any of the other requirements of this chapter, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity:
A.
Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, aiding, or abetting non-compliance with any part of this chapter constitutes a violation of this chapter.
B.
Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
C.
Failure to Promptly Correct Non-Compliance. Violations of this chapter must be corrected with the time period specified by an authorized enforcement official or authorized enforcement staff. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter.
D.
City Permits and Stormwater Management Plans. Any failure to conform to an applicable stormwater management plans prepared pursuant to this chapter; any failure to comply with stormwater-related provisions of a City-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with stormwater-related provisions in any other City permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "stormwater-related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of stormwater or of moderating runoff flow rates or velocities, whether or not the provision or condition was initially imposed to promote those out-comes.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)
Authorized enforcement officials and authorized enforcement staff may enforce this chapter and abate public nuisances as follows:
A.
Administrative Authorities.
1.
Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in this chapter and in accordance with Chapter 1.22 of the Imperial Beach Municipal Code. Administrative penalties may include the recovery of fines assessed against the City of Imperial Beach by the RWQCB. Any later-enacted administrative penalty provision in the Imperial Beach Municipal Code shall also be applicable to this chapter, unless otherwise provided therein.
2.
Cease and Desist Orders. Written and/or verbal orders may be issued to stop illegal discharges and/or remove illegal connections.
3.
Notice and Order to Clean, Test, or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter, including, but not limited to, abate a discharge that is in violation of Section 8.30.050. In such case, the authorized enforcement official may order the discharger to install, implement, and maintain additional BMPs to prevent or reduce contamination in stormwater and non-stormwater to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. Failures to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
4.
Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and are identified as a public nuisance. If actions ordered pursuant to this chapter are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapter 1.16 of the Imperial Beach Municipal Code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with this procedure.
5.
Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.
6.
Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other City license suspension or revocation in accordance with applicable sections of the Imperial Beach Municipal Code.
B.
Judicial Authorities.
1.
Civil Penalties and Remedies. The Imperial Beach City Attorney or designee is hereby authorized to file civil actions in Superior Court to enforce this chapter, seeking civil penalties and/or other remedies as provided in this section or in Chapter 1.12 of the Imperial Beach Municipal Code. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2.
Injunctive Relief. The City may enforce compliance with this chapter by judicial action for injunctive relief. Compliance may include 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; and/or the costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City of Imperial Beach to be used for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
3.
Arrest or Issue Citations. Noncompliance with any part of this chapter constitutes a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the State of California; provided however that authorized enforcement officials and authorized enforcement staff may charge any violation of this chapter as an infraction at their discretion. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code and/or a citation and notice to appear as prescribed in Imperial Beach Municipal Code Chapter 1.12 and Part 2 of the California Penal Code, including Section 853.6 (or as amended) may be issued. There is no requirement that administrative enforcement authorities be used before such actions are filed. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials and authorized enforcement staff acting in the course and scope of their employment pursuant to this chapter.
C.
Penalties and Remedies Not Exclusive. Penalties and remedies under this chapter may be cumulative and in addition to other administrative, civil or criminal remedies, and these penalties and remedies are in addition to or cumulative of any administrative, civil or criminal remedy imposed by any state or federal agency charged with the enforcement of illegal or unpermitted stormwater discharges, including enforcement by the SWRCB or the RWQCB.
(Ord. 2002-978 § 1; Ord. 2008-1062 § 1; Ord. 2016-1158 § 1)