The federal Clean Water Act (33 U.S.C. 1251 et seq.) requires
that various state and local agencies implement regulations to control
stormwater pollution. The city does establish these regulations as
a co-permittee pursuant to its National Pollution Discharge Elimination
System Permit.
(Ord. 1265, 1997)
The following definitions shall have the meanings described
herein:
means the director of public works and persons designated
by and under his/her instruction and supervision, who are assigned
to investigate compliance with, detect violations of and/or take actions
pursuant to this chapter.
means the city of Fountain Valley, Orange County, California.
means the county of Orange, the Orange County flood control
district, and/or any one of the thirty-one municipalities, including
the city of Fountain Valley, which are responsible for compliance
with the terms of the NPDES permit.
means the Orange County Drainage Area Management Plan, as
the same may be amended from time to time.
means DAMP Chapter VII and the appendix thereto, entitled
Best Management Practices for New Development Including Non-Residential
Construction Projects, as the same may be amended from time to time.
means any release, spill, leak, pump, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping
or disposal of any liquid, semisolid or solid substance.
means the group of activities not restricted or prohibited
by this chapter, including only:
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Discharges composed entirely of stormwater; discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; discharges to the stormwater drainage system from potable water line flushing, firefighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); discharges from potable water sources, water wells, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges authorized pursuant to a permit issued under Section 14.40.110; discharges allowable under the domestic sewage exception; discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge; and discharges authorized pursuant to federal or state laws or regulations.
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In any action taken to enforce this chapter, the burden shall
be on the person who is the subject of such action to establish that
a discharge was within the scope of this discharge exception.
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means discharges which are exceptions to this chapter and
excluded from the definition of prohibited discharge, as defined herein,
including only:
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Discharges composed entirely of accidental spills of untreated
sanitary wastes (commonly called domestic sewage) and other wastes,
but limited solely to wastes that are controlled by and are within
publicly owned wastewater treatment system collection facilities immediately
prior to the accidental spill.
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means the city attorney or district attorney acting as counsel
to the city of Fountain Valley and his/her designee, which counsel
is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the district attorney and/or
city attorney, or his/her designee, shall act as the enforcing attorney.
means the Environmental Protection Agency of the United States.
means the city manager or his/her designee, who shall preside
at the administrative hearings authorized by this chapter and issue
final decisions on the matters raised therein.
means any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant
to the stormwater drainage system occurs or may occur. The term illicit
connection shall not include legal nonconforming connections or connections
to the stormwater drainage system that are hereinafter authorized
by the agency with jurisdiction over the system at the location at
which the connection is made.
means the actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to Section 14.40.050 of this chapter, or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 14.40.060 of this chapter is utilized to obtain compliance with this chapter.
means connections to the stormwater drainage system existing
as of the adoption of the ordinance codified in 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.
means all public and private residential (whether single
family, multi-unit or planned unit development), industrial, commercial,
retail, and other nonresidential construction projects, or grading
for future construction, for which either a discretionary land use
approval, grading permit, building permit or nonresidential plumbing
permit is required.
means a plumbing permit authorizing the construction and/or
installation of facilities for the conveyance of liquids other than
stormwater, potable water, reclaimed water or domestic sewage.
means the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region,
which permit(s) establishes waste discharge requirements applicable
to stormwater runoff in the city.
means any natural person as well as any corporation, partnership,
government entity or subdivision, trust, estate, cooperative association,
joint venture, business entity, or other similar entity, or the agent,
employee or representative of any of the above.
means any liquid, solid or semisolid substances, or combination
thereof, including and not limited to:
Artificial materials (such as floatable plastics, wood products
or metal shavings);
Household waste (such as trash, paper and plastics; cleaning
chemicals; yard wastes; animal fecal materials; used oil and fluids
from vehicles, lawn mowers and other common household equipment);
Metals and nonmetals, including compounds of metals and nonmetals
(such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,
phosphorus and arsenic), with characteristics which cause an adverse
effect on living organisms;
Petroleum and related hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants and grease);
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including stables, show
facilities, or polo fields);
Substances having a pH less than 6.5 or greater than 8.6, or
unusual coloration, turbidity or odor;
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants and glues; use of lime; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use
of concrete detergents; steam cleaning or sand blasting; use of chemical
degreasing or diluting agents; and use of super chlorinated water
for potable water line flushing);
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
Materials which contain base/neutral or acid extractible organic
compounds;
Those pollutants defined in Section 1362(6) of the Federal Clean
Water Act; and
Any other constituent or material, including but not limited
to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus
or enterococcus, or eroded soils, sediment and particulate materials,
in quantities that will interfere with or adversely affect the beneficial
uses of the receiving waters, flora or fauna of the state.
means any discharge which contains any pollutant, from public
or private property to (1) the stormwater drainage system; (2) any
upstream flow, which is tributary to the stormwater drainage system;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo,
wetlands area, marsh, coastal slough; or (4) any coastal harbor, bay,
or the Pacific Ocean. The term prohibited discharge shall not include
discharges allowable under the discharge exception.
means the rehabilitation or reconstruction of public or private
residential (whether single-family, multiunit or planned unit development),
industrial, commercial, retail or other nonresidential structures,
for which either a discretionary land use approval, grading permit,
building permit or nonresidential plumbing permit is required.
means either the state general industrial stormwater permit
or the state general construction permit and the terms and requirements
of either or both. In the event the 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 street gutter, channel, storm drain, constructed drain,
lined diversion structure, wash area, inlet, outlet or other facility,
which is a part of or tributary to the county-wide stormwater runoff
system and owned, operated, maintained or controlled by county of
Orange, the Orange County Flood Control District or any co-permittee
city, and used for the purpose of collecting, storing, transporting
or disposing of stormwater.
(Ord. 1265, 1997)
(a)
No person shall:
(1)
Construct, maintain, operate and/or utilize any illicit connection;
(2)
Cause, allow or facilitate any prohibited discharge;
(3)
Act, cause, permit or suffer any agent, employee, or independent
contractor, to construct, maintain, operate or utilize any illicit
connection, or cause, allow or facilitate any prohibited discharge.
(b)
The prohibition against illicit connections shall apply irrespective
of whether the illicit connection was established prior to the date
of enactment of the ordinance codified in this chapter; however, legal
nonconforming connections shall not become illicit connections until
the earlier of the following:
(1)
For all structural improvements to property installed for the purpose
of discharge to the stormwater drainage system, the expiration of
five years from the adoption of the ordinance codified in this chapter;
(2)
For all nonstructural improvements to property existing for the purpose
of discharge to the stormwater drainage system, the expiration of
six months following delivery of a notice to the owner or occupant
of the property, which states a legal nonconforming connection has
been identified. The notice of a legal nonconforming connection shall
state the date of expiration of use under this chapter.
(c)
A reasonable extension of use may be authorized by the public works
director upon consideration of the following factors:
(1)
The potential adverse effects of the continued use of the connection
upon the beneficial uses of receiving waters;
(2)
The economic investment of the discharger in the legal nonconforming
connection; and
(3)
The financial effect upon the discharger of a termination of the
legal nonconforming connection.
(d)
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 to cause, allow or facilitate any prohibited discharge.
(e)
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 property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of subsection (a) of this section.
(f)
If a request for an extension of use is denied, the owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 14.40.060(g) through (k) for an extension of the period allowed for continued use of the connection.
(Ord. 1265, 1997)
(a)
New Development and Significant Redevelopment.
(1)
All new development and significant redevelopment within the city
shall be undertaken in accordance with:
(A)
The DAMP, including but not limited to the development project guidance;
and
(B)
Any conditions and requirements established by the planning, public
works or building departments, which are reasonably related to the
reduction or elimination of pollutants in stormwater runoff from the
project site.
(2)
Prior to the issuance by the city of a grading permit, building permit
or nonresidential plumbing permit for any new development or significant
redevelopment, the planning, public works or building departments
shall review the project plans and impose terms, conditions and requirements
on the project in accordance with subsection (a) of this section.
If the new development or significant redevelopment will be approved
without application for a grading permit, building permit or nonresidential
plumbing permit, the planning, public works or building departments
shall review the project plans and impose terms, conditions and requirements
on the project in accordance with subsection (a) of this section 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, compliance with the development project
guidance shall not be required for construction of a (one) single-family
detached residence unless the city planning, public works, or building
department 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 the DAMP shall
not exempt any person from the requirement to independently comply
with each provision of this chapter.
(5)
If the city planning, public works or building department 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
compliance with the provisions of the development project guidance.
(6)
The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (a) of this section on a new development or significant redevelopment project. Each failure by the owner of the property or its successors or assigns to implement and adhere to the terms, conditions and requirements imposed pursuant to Section 14.40.040(a) on a new development or significant redevelopment project shall constitute a violation of this chapter.
(7)
The city planning, public works or building department may require
that the terms, conditions and requirements imposed pursuant to subsection
(a) of this section be recorded with the county recorder's office
by the property owner. The signature of the owner of the property
or any successive owner shall be sufficient for the recording of these
terms, conditions and requirements and a signature on behalf of the
city shall not be required for recordation.
(b)
Cost Recovery. The city shall be reimbursed by the project applicant
for all costs and expenses incurred by the planning, public works
or building departments, in the review of new development or significant
development projects for compliance with the DAMP. The city planning,
public works or building departments 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 project applicant.
(Ord. 1265, 1997)
(a)
When required by law, the authorized inspector shall obtain either
the consent of the owner or occupant of the property or shall obtain
an administrative inspection warrant or criminal search warrant.
(b)
The authorized inspector may enter property to investigate the source
of any discharge to any public street, inlet, gutter, storm drain
or the stormwater drainage system located within the jurisdiction
of the city.
(c)
Compliance Assessments. The authorized inspector may inspect property
for the purpose of verifying compliance with this chapter, including
but not limited to (1) identifying products produced, processes conducted,
chemicals used and materials stored on or contained within the property,
(2) identifying point(s) of discharge of all wastewater, process water
systems and pollutants, (3) investigating the natural slope at the
location, including drainage patterns and manmade conveyance systems,
(4) establishing the location of all points of discharge from the
property, whether by surface runoff or through a storm drain system,
(5) locating any illicit connection or the source of prohibited discharge,
(6) evaluating compliance with any permit issued, and (7) investigating
the condition of any legal nonconforming connection.
(d)
For purposes of verifying compliance with this chapter, the authorized
inspector may inspect any vehicle, truck, trailer, tank truck or other
mobile equipment.
(e)
The authorized inspector may inspect all records of the owner or
occupant of property relating to chemicals or processes presently
or previously occurring on-site, including material and/or chemical
inventories, facilities maps or schematics and diagrams, material
safety data sheets, hazardous waste manifests, business plans, pollution
prevention plans, state general permits, stormwater pollution prevention
plans, monitoring program plans and any other record(s) relating to
illicit connections, prohibited discharges, a legal nonconforming
connection or any other source of contribution or potential contribution
of pollutants to the stormwater drainage system.
(f)
The authorized inspector may inspect, sample and test any area runoff,
soils area (including groundwater testing), process discharge, materials
within any waste storage area (including any container contents),
and/or treatment system discharge for the purpose of determining the
potential for contribution of pollutants to the stormwater drainage
system. The authorized inspector may investigate the integrity of
all storm drain and sanitary sewer systems, any legal nonconforming
connection or other pipelines on the property using appropriate tests,
including but not limited to smoke and dye tests or video surveys.
The authorized inspector may take photographs or video tape, make
measurements or drawings, and create any other record reasonably necessary
to document conditions on the property.
(g)
The authorized inspector may erect and maintain monitoring devices
for the purpose of measuring any discharge or potential source of
discharge to the stormwater drainage system.
(h)
The owner or occupant of property subject to inspection shall, on
submission of a written request, receive copies of all monitoring
and test results conducted by the authorized inspector.
(Ord. 1265, 1997)
(a)
The authorized inspector may deliver to the owner or occupant of
any property, or to any person responsible for an illicit connection
or prohibited discharge a notice of noncompliance. The notice of noncompliance
shall identify the provision(s) of this chapter or the applicable
permit which has been violated. The notice of noncompliance shall
state that continued noncompliance may result in additional enforcement
actions against the owner, occupant and/or person. The notice of noncompliance
shall state a compliance date that must be met by the owner, occupant
and/or person; provided, however, that the compliance date may not
exceed ninety days unless the authorized inspector extends the compliance
deadline an additional ninety days where good cause exists for the
extension.
(b)
The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with Section 14.40.060(f) The administrative compliance order may be issued to:
(1)
The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a prohibited discharge or
an illicit connection in violation of this chapter;
(2)
The owner of property subject to terms, conditions or requirements imposed on a project in accordance with Section 14.40.040(a) to ensure adherence to those terms, conditions and requirements;
(4)
Any person responsible for an illicit connection or prohibited discharge.
(c)
The administrative compliance order may include the following terms
and requirements:
(1)
Specific steps and time schedules for compliance as reasonably necessary
to eliminate an existing prohibited discharge or to prevent imminent
threat of a prohibited discharge, including but not limited to a prohibited
discharge from any pond, pit, well, surface impoundment, holding or
storage area;
(2)
Specific steps and time schedules for compliance as reasonably necessary
to discontinue any illicit connection;
(3)
Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant
having the potential to contact stormwater runoff;
(4)
Any other terms or requirements reasonably calculated to the imminent
threat of or continuing violations of this chapter, including, but
not limited to requirements for compliance with best management practices
guidance documents promulgated by any federal, state of California
or regional agency;
(5)
Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any
permit issued pursuant hereto.
(d)
(1)
The authorized inspector may issue a cease and desist order. A cease
and desist order may direct the owner or occupant of any property
and/or other person responsible for a violation of this chapter to:
(A)
Immediately discontinue any illicit connection or prohibited discharge
to the stormwater drainage system;
(B)
Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this
chapter;
(C)
Immediately discontinue any other violation of this chapter;
(D)
Clean up the area affected by the violation.
(2)
The authorized inspector may direct by cease and desist order that (A) the owner of any property or his/her successor-in-interest, which property is subject to any conditions or requirements issued pursuant to Section 14.40.040(a), or (B) any permittee under any permit issued pursuant to Section 14.40.110, must immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Section 14.40.040(a) or the terms, conditions and requirements of the applicable permit.
(e)
The authorized inspector may deliver to the owner or occupant of
any property, any permittee or any other person who becomes subject
to a notice of noncompliance or administrative order, an invoice for
costs. An invoice for costs shall be 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 occupant, permittee
or any other person subject to an invoice for costs fails to either
pay the invoice for costs or appeal successfully the invoice for costs,
then the enforcing attorney may institute collection proceedings.
(f)
Any notice of noncompliance, administrative compliance order, cease
and desist order or invoice of costs to be delivered pursuant to the
requirements of this chapter shall be subject to the following:
(1)
The notice shall state that the recipient has a right to appeal the
matter as set forth herein in this chapter.
(2)
Delivery shall be deemed complete upon (A) personal service to the
recipient; (B) deposit in the U.S. mail, postage pre-paid for first
class delivery; or (C) facsimile service with confirmation of receipt.
(3)
Where the recipient of notice is the owner of the property, the address
for notice shall be the address from the most recently issued equalized
assessment roll for the property or as otherwise appears in the current
records of the city.
(4)
Where the owner or occupant of any property cannot be located after
the reasonable efforts of the authorized inspector, a notice of noncompliance
or cease and desist order shall be deemed delivered after posting
on the property for a period of ten business days.
(g)
Except as set forth in subsection (i) 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. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
(h)
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 thirty days of
receipt thereof, file a written request for an administrative hearing,
accompanied by an administrative hearing fee as established by separate
resolution, with the office of the city clerk, with a copy of the
request for administrative hearing mailed on the date of filing to
the city manager. Thereafter, a hearing on the matter shall be held
before the hearing officer within forty-five 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.
(i)
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.
(j)
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. Except as set forth in Section 14.40.020 (definition of discharge exception) 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.
(k)
The final decision of the hearing officer shall be issued 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 ninety days following issuance of the final decision. Notwithstanding this subsection (k), 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.
(l)
In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to Section 14.40.070(d)
(Ord. 1265, 1997)
(a)
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. At the
request of the director of public works, the enforcing attorney may
seek a court order to enjoin and/or abate the nuisance.
(b)
Prior to seeking any court order to enjoin or abate a nuisance or
threatened nuisance, the director of public works shall provide notice
of the proposed injunction or abatement to the owner and occupant,
if any, of the property where the nuisance or threatened nuisance
is occurring.
(c)
In the event the nuisance constitutes an imminent danger to public
safety or the environment, the director of public works or authorized
inspector may enter the property from which the nuisance emanates,
abate the nuisance and restore any property affected by the nuisance.
To the extent reasonably practicable, informal notice shall be provided
to the owner or occupant prior to abatement. If necessary to protect
the public safety or the environment, abatement may proceed without
prior notice to or consent from the owner or occupant thereof and
without judicial warrant.
(1)
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.
(2)
Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to Section 14.40.060(i) shall follow the abatement action.
(d)
All costs incurred by the city in responding to any nuisance, all
administrative expenses and all other expenses recoverable under state
law, shall be recoverable from the person(s) creating, causing, committing,
permitting or maintaining the nuisance.
(e)
All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof
in accordance with Government Code Section 38773.1 and Section 38773.5.
The owner of record of the 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 public works director, the
enforcing attorney is authorized to collect nuisance abatement costs
or enforce a nuisance lien in an action brought for a money judgment
or by delivery to the county assessor of a special assessment against
the property in accord with the conditions and requirements of Government
Code Section 38773.5.
(Ord. 1265, 1997; Ord. 1326 § 1, 2002)
Any person who negligently or knowingly violates any provision
of this chapter, undertakes to conceal any violation of this chapter,
continues any violation of this chapter after notice thereof, or violates
the terms, conditions and requirements of any permit issued pursuant
to this chapter, shall be guilty of a misdemeanor punishable by a
fine of not more than one thousand dollars or by imprisonment for
a period of not more than six months, or both. Each day in which a
violation occurs and each separate failure to comply with either a
separate provision of this chapter, an administrative compliance order,
a cease and desist order or a permit issued pursuant to this chapter,
shall constitute a separate violation of this chapter punishable by
fines or sentences issued in accordance herewith.
(Ord. 1265, 1997)
At the request of the director of public works, the enforcing
attorney may cause the filing in a court of competent jurisdiction,
of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this chapter. 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.
(Ord. 1265, 1997)
(a)
The director of public works may cause 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 this
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.
(b)
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.
(c)
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. 1265, 1997)
(a)
On application of the owner of property or the operator of any facility,
which property or facility is not otherwise subject to the requirements
of a state general permit or a National Pollution Discharge Elimination
System permit regulating stormwater discharges, the director of public
works or authorized inspector may issue a permit authorizing the release
of non-stormwater discharges to the stormwater drainage system if:
(b)
The applicant shall provide all information requested by the director
of public works or authorized inspector for review and consideration
of the application, including but not limited to specific detail as
to the activities to be conducted on the property, plans and specifications
for facilities located on the property, identification of equipment
or processes to be used on-site and other information as may be requested
in order to determine the constituents, and quantities thereof, which
may be discharged if permission is granted.
(c)
The permit shall be granted or denied by the director of public works
or authorized inspector or his/her designated representative, no later
than sixty business days following the completion and acceptance of
the application as determined by the director of public works or authorized
inspector. The applicant shall be notified in person or by first class
mail, postage prepaid, of the action taken.
(d)
The permit may include terms, conditions and requirements to ensure
compliance with the objectives of this chapter and as necessary to
protect the receiving waters, including but not limited to:
(1)
Identification of the discharge location on the property and the
location at which the discharge will enter the stormwater drainage
system;
(2)
Identification of the constituents and quantities thereof to be discharged
into the stormwater drainage system;
(3)
Specification of pollution prevention techniques and structural or
nonstructural control requirements as reasonably necessary to prevent
the occurrence of potential discharges in violation of this chapter;
(4)
Requirements for self-monitoring of any discharge;
(5)
Requirements for submission of documents or data, such as technical
reports, production data, discharge reports, self-monitoring reports
and waste manifests; and
(6)
Other terms and conditions appropriate to ensure compliance with
the provisions of this chapter and the protection of receiving waters,
including requirements for compliance with best management practices
guidance documents approved by any federal, state of California or
regional agency.
(e)
In the discretion of the director of public works or authorized inspector, the permit may, in accordance with the conditions identified in subsection (d) of this section, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the director of public works or authorized inspector. No discharge within the scope of the general permit shall occur until such application is so filed. Notwithstanding the foregoing in this subsection (e), the director of public works or authorized inspector, in his/her discretion, may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued.
(f)
The permission to discharge may be conditioned upon the applicant's
payment of the city's costs, in accordance with a fee schedule adopted
by separate resolution, as follows:
(1)
For individually issued permits, the costs of reviewing the permit
application, preparing and issuing the permit, and the costs reasonably
related to administrating this permit program;
(2)
For general permits, the costs of reviewing the permit application,
that portion of the costs of preparing the general permit which is
reasonably attributable to the permittee's application for the general
permit, and the costs reasonably related to administering the general
permit program.
(Ord. 1265, 1997; Ord. 1326 § 2, 2002)
(a)
The public works director or authorized inspector may suspend or
revoke any permit when it is determined that:
(1)
The permittee has violated any term, condition or requirement of
the permit or any applicable provision of this chapter; or
(2)
The permittee's discharge or the circumstances under which the discharge
occurs have changed so that it is no longer appropriate to except
the discharge from the prohibitions on prohibited discharge contained
within this chapter; or
(3)
The permittee fails to comply with any schedule for compliance issued
pursuant to this chapter; or
(4)
Any regulatory agency, including EPA or a Regional Water Quality
Control Board having jurisdiction over the discharge, notifies the
city that the discharge should be terminated.
(b)
The public works director or authorized inspector may modify any
permit when it is determined that:
(1)
Federal or state law requirements have changed in a manner that necessitates
a change in the permit; or
(2)
The permittee's discharge or the circumstances under which the discharge
occurs have changed so that it is appropriate to modify the permit's
terms, conditions or requirements; or
(3)
A change to the permit is necessary to ensure compliance with the
objectives of this chapter or to protect the quality of receiving
waters.
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The permittee, or in the case of a general permit, each person who has filed an application pursuant to Section 14.40.110(e), shall be informed of any change in the permit terms and conditions at least sixty days prior to the effective date of the modified permit. In the case of a general permit issued pursuant to subsection (e) of Section 14.40.110, any change in the permit terms and conditions shall be published in a newspaper of general circulation within the city at least sixty days prior to the effective date of the modified permit. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the hearing officer.
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(Ord. 1265, 1997; Ord. 1326 § 3, 2002)
(a)
Compliance with the terms, conditions and requirements of a permit
issued pursuant to this chapter shall not relieve the permittee from
compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit
is issued.
(b)
Permits issued under this chapter are for the person or entity identified
therein as the permittee only, and authorize the specific operation
at the specific location identified in the permit. The issuance of
a permit does not vest the permittee with a continuing right to discharge.
(c)
No permit issued to any person may be transferred to allow:
(1)
A discharge to the stormwater drainage system at a location other
than the location stated in the original permit; or
(2)
A discharge by a person other than the person named in the permit,
provided however, that the city may approve a transfer if written
approval is obtained, in advance, from the director of public works
or authorized inspector.
(Ord. 1265, 1997; Ord. 1326 § 4, 2002)
(a)
The city intends to cooperate with other agencies with jurisdiction
over stormwater discharges to ensure that the regulatory purposes
underlying storm water promulgated pursuant to the Clean Water Act
(33 USC § 1251 et seq.) are met.
(b)
The city may, to the extent authorized by law, elect to contract
for the services of any public agency or private enterprise to carry
out the planning approvals, inspections, permits and enforcement authorized
by this section.
(Ord. 1326 § 5, 2002)
