As used in this article:
shall mean the city manager, and persons designated by and
under his or her instruction and supervision who are assigned to investigate
compliance and detect violations of this article.
shall mean the City of Cypress, Orange County, California.
shall mean Orange County, the Orange County Flood Control
District and/or any one of the 31 municipalities, including the City
of Cypress, which are responsible for compliance with the terms of
the NPDES permit.
shall mean the Orange County Drainage Area Management Plan,
as the same may be amended from time to time.
shall mean DAMP Chapter VII and the appendix thereto, entitled
Best Management Practices for New Development Including Nonresidential
Construction Projects.
shall mean any release, spill, leak, pump, flow, escape,
leaching (including subsurface migration or groundwater contamination),
dumping or disposal of any liquid, semisolid or solid substance.
shall mean the group of activities not restricted or prohibited
by this article, including only:
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Discharges composed entirely of stormwater, discharges covered
under current EPA or regional water quality control board issued NPDES
permits, or other waivers, permits or approvals, granted by an appropriate
government agency, discharges to the stormwater drainage system from
potable water line flushing, fire fighting activities, landscape irrigation
systems, diverted stream flows, rising groundwater, and de minimis
groundwater infiltration to the stormwater drainage system (from leaks
in joints or connections or cracks in water drainage pipes or conveyance
systems), discharges from potable water sources such as 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
at residences, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges, and public street washwaters when related
to cleaning and maintenance by, or on behalf of, the city. The discharge
exception shall not include discharges resulting from active groundwater
dewatering systems.
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shall mean the city attorney or district attorney acting
as counsel to the city and 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 shall
act as the enforcing attorney.
shall mean the Environmental Protection Agency of the United
States.
shall mean the city manager or designee, who shall preside
at the administrative hearings authorized by this article and issue
final decisions on the matters raised therein.
means any discharge to the storm drain system (including
without limitation any streets, roads, drainage systems, gutters,
curbs, catch basins, storm drains or other drainage structures) that
is not composed entirely of stormwater runoff (meaning surface runoff
and drainage associated with rainstorm events) except all discharges
identified in the NPDES permit at Section III.3.i. Specifically, Section
III.3.i. of the NPDES permit exempts the following discharges:
The discharges identified below need not be prohibited by
the permittees unless such discharges are identified either by the
permittees or by the executive officer as a significant source of
pollutants.
Discharges composed entirely of stormwater;
Air conditioning condensate;
Passive foundation drains;
Passive footing drains;
Water from crawl space pumps;
Noncommercial vehicle washing;
Dechlorinated swimming pool discharges (cleaning wastewater
and filter backwash shall not be discharged to the MS4);
Diverted stream flows;
Rising groundwaters and natural springs;
Groundwater infiltration as defined in 40 CFR 35.2005 (20) and
uncontaminated pumped groundwater;
Flows from riparian habitats and wetlands;
Emergency firefighting flows (i.e., flows necessary for the
protection of life and property) do not require BMPs and need not
be prohibited. However, where possible, when not interfering with
health and safety issues, BMPs should be implemented (also see Section
XXI, Provision 5);
Waters not otherwise containing wastes as defined in California
Water Code Section 13050(d); and
Other types of discharges identified and recommended by the
permittees and approved by the Regional Board.
shall mean any manmade conveyance or drainage system, pipeline,
conduit, inlet or outlet, through which the discharge of any pollutant,
wastewater or process water to the stormwater drainage system occurs
or may occur, whether directly or indirectly. Indirect flow patterns
constituting illicit connections shall include, but are not limited
to, flow patterns across one or more properties, whether public or
private property, prior to entry into the stormwater drainage system.
shall mean 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 13-24 of this article, where a notice of noncompliance, administrative compliance order or other enforcement option under Section 13-25 of this article is utilized to obtain compliance with this article.
shall mean connections to the stormwater drainage system
existing as of the adoption of this article that were in compliance
with all federal, state and local rules, regulations, statutes and
administrative requirements in effect at the time the connection was
established, including, but not limited to, any discharge permitted
pursuant to the Industrial Waste Ordinance No. 703.
shall mean all public and private residential (whether single-family,
multi-unit or planned unit development), industrial, commercial, retail,
and other nonresidential construction projects, or mass grading for
future construction, for which either a discretionary land use approval,
grading permit, building permit or safety permit is required.
means an area-wide NPDES permit issued to a government agency
or agencies for the discharge of stormwater from a stormwater system,
and shall refer to NPDES Permit Number CAS618030 (Order No. R8-2009-0030)
or its successor, being fully incorporated by reference to the Cypress
Water Quality Code. Due to requirements set forth in the NPDES permit
changing from time to time, said compliance with the NPDES permit
requires compliance with the most recent NPDES permit on file in the
City Clerk's Office.
shall mean 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.
shall mean any liquid, solid or semisolid substances, or
combination thereof, including, and not limited to:
Artificial materials, chips, or pieces of natural or manmade
materials (such as floatable plastics, wood or metal shavings);
Household waste (such as trash, paper, plastics, lawn clippings
and yard wastes, animal fecal materials, excessive pesticides, herbicides
and fertilizers, used oil and fluids from vehicles, lawn mowers and
other common household equipment;
Metals, such as cadmium, lead, zinc, copper, silver, nickel,
chromium, and nonmetals, such as phosphorus and arsenic;
Petroleum hydrocarbons (such as fuels, lubricants, surfactants,
waste oils, solvents, coolants and grease);
Excessive eroded soils, sediment and particulate materials;
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including stables, show
facilities, or polo fields);
Substances having characteristics such as a pH less than 6.5
or greater than 8.5, or unusual coloration or turbidity, or excessive
levels of fecal coliform, fecal streptococcus or enterococcus;
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting, staining; use of
sealants, glues, limes; excessive pesticides, fertilizers or herbicides;
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 washwater or use of concrete detergents;
steam cleaning or sand blasting residues; use of chemical degreasing
or diluting agents, and super chlorinated water generated by potable
water line flushing);
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
Materials which contain base/neutral or acid extractible organic
compounds;
Those pollutants defined in Section 1362(6) of the Federal Clean
Water Act;
Any other constituent or material that may interfere with or
adversely affect the beneficial uses of the receiving waters, flora
or fauna of the state.
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The term "pollutant" shall not include uncontaminated stormwater,
potable water or reclaimed water generated by a lawfully permitted
water treatment facility.
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shall mean any real property location, irrespective of ownership,
which is not open to the general public.
shall mean any discharge, which is not composed entirely of stormwater or which contains any pollutant, from public or private property to: (i) the stormwater drainage system; (ii) any upstream flow, which is tributary to the stormwater drainage system; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, march, coastal slough; or (iv) any coastal harbor, bay, or the Pacific Ocean. The term "prohibited discharge" shall not include: (a) discharges occurring in compliance with the NPDES permit, (b) discharges occurring pursuant to a state general permit or other regional water quality control board, state water resources control board or U.S. Environmental Protection Agency issued NPDES permit or permit waiver, (c) discharges authorized pursuant to a permit issued under Section 13-29 hereof. (Discharges allowable under the discharge exception).
shall mean the person(s) identified in and responsible for
compliance with the provisions of water quality management plan approved
by the city planning agency.
shall mean the rehabilitation or reconstruction of public
or private residential (whether single-family, multi-unit or planned
unit development), industrial, commercial, retail or other nonresidential
structures, for which either discretionary land use approval, grading
permit, building permit or safety permit is required.
shall mean 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.
shall mean 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 by Orange County, the Orange County
Flood Control District or any copermittee city for the purpose of
collecting, storing, transporting, or disposing of stormwater.
(Ord. No. 933, § 3, 1-9-95; Ord. No. 1098, § 1, 1-14-08; Ord. No. 1129, § 1, 11-28-2011; Ord. No. 1127, § 1, 6-27-2011)
(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 connection shall apply irrespective of
whether the illicit connection was established prior to the date of
enactment of this article; however, legal nonconforming connections
shall not become illicit connections until the earlier of the following:
(1)
For
all structural improvements to property installed for the purpose
of discharge to the stormwater conveyance system, the expiration of
five years from the adoption of this article.
(2)
For
all nonstructural improvements to property (including natural surface
flow patterns, depressions or channels traversing one or more properties)
existing for the purpose of discharge to the stormwater conveyance
system, the expiration of six months following delivery of a notice
to the owner or occupant of the property, which states a legal nonconforming
connection has been identified.
(c)
A civil or administrative violation of subsection (a), shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
(d)
If 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 30 day period commencing upon delivery of the notice. Upon expiration of the 30 day period any such discharge shall constitute a violation of subsection (a).
(e)
The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 13-26 for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the city manager upon consideration of the following factors:
(1)
The
potential adverse effects of the continued use of the connection upon
the beneficial uses of receiving waters;
(2)
The
economic investment of the discharger in the legal nonconforming connection;
and
(3)
The
financial effect upon the discharger of a termination of the legal
nonconforming connection.
(Ord. No. 933, § 3, 1-9-95)
(a)
New development and significant redevelopment.
(1)
Beginning
January 1, 1995 and continuing thereafter, all new development and
significant redevelopment within the City of Cypress, shall be undertaken
in accordance with:
a.
A
water quality management plan, which shall be prepared in accordance
with the development project guidance, and
b.
Any
conditions and requirements established by the planning agency, which
are reasonably related to the reduction or elimination of pollutants
in stormwater runoff from the project site.
(2)
Prior
to the issuance by the city of a grading permit, building permit and/or
safety permit for any new development or significant redevelopment,
the property owner shall submit to and obtain the approval of the
planning agency of a water quality management plan. If the new development
or significant redevelopment will be approved without application
for a grading permit, building permit or safety permit, the property
owner shall submit to and obtain the approval of the planning agency
of a water quality management plan prior to the issuance of a discretionary
land use approval or, at the city's discretion, prior to recordation
of a subdivision map.
(3)
Notwithstanding
the foregoing subsections (a)(1) (a)(2), a water quality management
plan shall not be required for construction of a (one) single-family
detached residence unless the city planning agency determines that
the construction may result in the discharge of significant levels
of a pollutant into a tributary to the stormwater drainage system.
(4)
Compliance
with the conditions and requirements of a water quality management
plan shall not exempt any person from the requirement to independently
comply with each provision of this article.
(5)
If
the city planning agency determines that the project will have a de
minimis impact on the quality of stormwater runoff, then it may issue
a written waiver of the requirement for preparation and approval of
a water quality management plan.
(6)
Each
water quality management plan shall name a responsible party for the
project.
(7)
The
owner of a new development or significant redevelopment project, their
successors and assigns, and each named responsible party, shall implement
and adhere to the terms, conditions and requirements of the approved
water quality management plan.
(8)
The
city planning agency may require that the water quality management
plan be recorded with the county recorder's office by the property
owner. The signature of the owner of the property, any successive
owner or the named responsible party shall be sufficient for the recording
of the plan or any revised plan and a signature on behalf of the city
shall not be required for recordation.
(9)
As identified within Section XII.B.2
of the NPDES permit, the Orange County Drainage Area Management Plan
(DAMP) and the City of Cypress Local Implementation Plan (LIP), any
development that meets the following criteria shall submit a Water
Quality Management Plan ("WQMP") for the following areas of new development/significant
redevelopment projects (priority development projects, as described
in the NPDES permit) pursuant to this article and in accordance with
the Model WQMP as referenced in the NPDES permit and incorporate low
impact development ("LID") principles as set forth in Section XII.C
of the NPDES permit, the Orange County Drainage Area Management Plan
(DAMP) and the City of Cypress Local Implementation Plan (LIP) unless
exempted by the City of Cypress Local Implementation Plan or the NPDES
permit:
(i)
All significant redevelopment projects, where significant redevelopment
is defined as projects that include the addition or replacement of
5,000 square feet or more of impervious surface on a developed site.
Redevelopment does not include routine maintenance activities that
are conducted to maintain original line and grade, hydraulic capacity,
original purpose of the facility, or emergency redevelopment activity
required to protect public health and safety. Where redevelopment
results in the addition or replacement of less than 50% of the impervious
surfaces of a previously existing developed site, and the existing
development was not subject to WQMP requirements, the numeric sizing
criteria discussed below applies only to the addition or replacement,
and not to the entire developed site. Where redevelopment results
in the addition or replacement of more than 50% of the impervious
surfaces of a previously existing developed site, the numeric sizing
criteria applies to the entire development;
(ii)
New development projects that create 10,000 square feet or more of
impervious surface (collectively over the entire project site) including
commercial, industrial, residential housing subdivisions (i.e., detached
single-family home subdivisions, multi-family attached subdivisions
(town homes), condominiums, apartments, etc.), and mixed-use projects.
This category includes development projects on public or private land,
which fall under the planning and building authority of the permittees;
(iii)
Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534,
7536-7539);
(iv)
Restaurants where the land area of development is 5,000 square feet
or more;
(v)
All hillside developments on 5,000 square feet or more, which are
located on areas with known erosive soil conditions or where the natural
slope is 25% or more;
(vi)
Developments of 2,500 square feet of impervious surface or more,
adjacent to (within 200 feet) or discharging directly into environmentally
sensitive areas, such as areas designated in the Ocean Plan as Areas
of Special Biological Significance or water bodies listed on the CWA
Section 303(d) list of impaired waters;
(vii)
Parking lots of 5,000 square feet or more of impervious surface exposed
to storm water. Parking lot is defined as a land area or facility
for the temporary storage of motor vehicles;
(viii)
Retail gasoline outlets of 5,000 or more square feet with a
projected average daily traffic of 100 or more vehicles per day.
(b)
Cost recovery. The costs and expenses of the city planning
agency incurred in the review, approval, or revision of any water
quality management plan (or in the approval or revision of any such
plan) shall be assessed to the property owner or responsible party
and shall be due and payable to the city. The city planning agency
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 property owner or responsible
party.
(Ord. No. 933, § 3, 1-9-95; Ord. No. 1128, § 1, 11-14-2011)
(a)
Scope of inspections.
(1)
Right to inspect. Prior to commencing any inspection as
hereinbelow authorized, the authorized inspector shall obtain either
the consent of the owner or occupant of the private property or shall
obtain an administrative inspection warrant or criminal search warrant.
(2)
Entry to inspect. The authorized inspector may enter private
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 of Cypress.
(3)
Compliance assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this article, including, but not limited to: (i) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants, (iii) investigating the natural slope at the location, including drainage patterns and manmade conveyance systems, (iv) establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system, (v) locating any illicit connection or the source of prohibited discharge, (vi) evaluating compliance with any construction or post-construction water quality management plan, and (vii) evaluating compliance with any permit issued pursuant to Section 13-29 hereof, and (viii) investigating the condition of any legal nonconforming connection.
(4)
Portable equipment. For purposes of verifying compliance
with this article, the authorized inspector may inspect any vehicle,
truck, trailer, tank truck or other mobile equipment.
(5)
Records review. The authorized inspector may inspect all
records of the owner or occupant of private property relating to chemicals
or processes presently or previously occurring on-site, including
material and/or chemical inventories, facilities maps or schematics
and diagrams. Material safety data sheets, hazardous wastes manifests,
business plans, pollution prevention plans, state general permits,
stormwater pollution prevention plans, monitoring program plans and
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.
(6)
Sample and test. The authorized inspector may inspect, sample
and test any area runoff, soils area (including groundwater testing),
process discharge, materials within any waste storage area (including
any container contents), and/or treatment system discharge for the
purpose of determining the potential for contribution of pollutants
to the stormwater drainage system. The authorized inspector may investigate
the integrity of all storm drain and sanitary sewer systems, any legal
nonconforming connection, or other pipelines on the property using
appropriate tests, including, but not limited to, smoke and dye tests
or video surveys. The authorized inspector may take photographs or
videotapes, make measurements or drawings, and create any other record
necessary to document conditions on the property.
(7)
Monitoring. The authorized inspector may erect and maintain
monitoring devices for the purpose of measuring any discharge or potential
source of discharge to the stormwater drainage system.
(8)
Test results. The owner 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.
(b)
(Reserved)
(Ord. No. 933, § 3, 1-9-95)
(a)
Administrative remedies.
(1)
Notice of noncompliance. The authorized inspector may deliver to the owner or occupant of any private property, or to any person responsible for an illicit connection or prohibited discharge, a notice of noncompliance listing the steps necessary to correct the conditions on the property causing noncompliance with the provisions of this article, any approved construction or post-construction water quality management plan, or any permit issued pursuant to section 13-29 hereof.
a.
The
notice of noncompliance shall identify the provision(s) of this article,
the applicable water quality management plan or permit which has been
violated. The notice of noncompliance shall state that continued noncompliance
may result in additional enforcement actions against the owner, occupant
and/or person.
b.
The
notice of noncompliance shall state a compliance date that must be
met by the owner, occupant and/or person; provided, however, that
the compliance date may not exceed 90 days unless the authorized inspector
extends the compliance deadline an additional 90 days where good cause
exists for the extension.
(2)
Administrative compliance orders.
a.
The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with section 13-25, paragraph (a)(5), of this article. The administrative compliance order may be issued to:
1.
The owner or occupant of any private property requiring abatement
of conditions on the property that cause or may cause a prohibited
discharge or an illicit connection in violation of this article;
2.
The owner of private property or a responsible party subject to the
requirements of any water quality management plan to ensure implementation
of an adherence to the terms, conditions and requirements of the plan;
3.
A permittee subject to the requirements of any permit issued pursuant to section 13-29 hereof to ensure compliance with the terms, conditions and requirements of the permit;
4.
Any person responsible for an illicit connection or prohibited discharge.
b.
The
administrative compliance order may include the following terms and
requirements:
1.
Specific steps and time schedules for compliance as reasonably necessary
to prevent threatened or future unauthorized discharges, including
but not limited to the threat of a prohibited discharge from any pond,
pit, well, surface impoundment, holding or storage area;
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 prevent
continued or threatened violations of this article, 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
water quality management plan, or permit issued pursuant hereto.
(3)
Cease and desist orders.
a.
The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with section 13-25, paragraph (a)(5), of this article. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of this article to:
1.
Immediately discontinue any illicit connection, or prohibited discharge
to the stormwater drainage system;
2.
Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this
article;
3.
Immediately discontinue any other violation of this article;
4.
Clean up the area affected by the violation.
(4)
Recovery of costs. The authorized inspector may deliver to the owner or occupant of any private property, any permittee or any responsible party, or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs. An invoice for costs shall be delivered in accordance with section 13-25, paragraph (a)(5), of this article. 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.
(5)
Delivery of notice. Any notice of noncompliance, administrative
compliance order, cease and desist order or invoice of costs to be
delivered pursuant to the requirements of this article shall be subject
to the following:
a.
The notice shall state that the recipient has a right to appeal the matter as set forth in sections 13-26.
b.
Delivery
shall be deemed complete upon (a) personal service to the recipient;
(b) deposit in the U.S. mail, postage prepaid for first class delivery;
or (c) facsimile service with confirmation of receipt.
c.
Where
the recipient of notice is the owner of the property, the address
for notice shall be the address from the most recently issued equalized
assessment roll for the property or as otherwise appears in the current
records of the city.
d.
Where
the owner or occupant of any private property cannot be located after
the reasonable efforts of the authorized inspector, a notice of noncompliance
or cease and desist order shall be deemed delivered after posting
on the property for a period of 10 business days.
(Ord. No. 933, § 3, 1-9-95)
(a)
Administrative hearing for notices of noncompliance; administrative
compliance orders; invoices for costs and adverse determination. Except as set forth in section 13-26, paragraph (c), 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 article may appeal the matter by requesting an administrative hearing.
(b)
Request for administrative hearing Any person appealing
a notice of noncompliance, and administrative compliance order, a
notice of legal nonconforming connection, an invoice for costs or
an adverse determination shall, within 30 days or receipts thereof,
file a written request for an administrative hearing, accompanied
by an administrative hearing fee as established by a 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 45 business days of the date of filing of the written
request unless, in the reasonable discretion of the hearing officer
and pursuant to a written request by the appealing party, a continuance
of the hearing is granted.
(c)
Administrative hearing for cease and desist orders and emergency
abatement actions. An administrative hearing on the issuance
of a cease and desist order or following an emergency abatement action
shall be held within five business days following the issuance of
the order or the action of abatement, unless the hearing (or the time
requirement for the hearing) is waived in writing by the party subject
to the cease and desist order or the emergency abatement. A request
for an administrative hearing shall not be required from the person
subject to the cease and desist order or the emergency abatement action.
(d)
Hearing proceedings. The authorized inspector shall appear
in support of the notice, order, determination, invoice for costs
or emergency abatement action, and the appealing party shall appear
in support of withdrawal of the notice, order, determination, invoice
for costs, or in opposition to the emergency abatement action. The
city shall have the burden of supporting any enforcement or other
action by a preponderance of the evidence. Each party shall have the
right to present testimony and other documentary evidence as necessary
for explanation of the case.
(e)
Final decision and appeal. The final decision of the hearing
officer shall issue within 10 business days of the conclusion of the
hearing and shall be delivered by the 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 the Code of Civil [Procedure] sections 1094.5 and
1094.6 and shall be commenced within 90 days following issuance of
the final decision. (The administrative hearing fee paid by a prevailing
party in an appeal shall be refunded.)
(f)
City abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued pursuant to this article, 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 13-27, paragraph (4).
(Ord. No. 933, § 3, 1-9-95)
Any condition in violation of the prohibitions of this article,
including but not limited to the maintenance or use of any illicit
connection or the occurrence of any prohibited discharge, shall constitute
a threat to the public health, safety and welfare, and is declared
and deemed a nuisance pursuant to Government Code section 38771.
(1)
Court order to enjoin or abatement. At the request of the
city manager, the enforcing attorney may seek a court order to enjoin
and/or abate the nuisance.
(2)
Notice to owner and occupant. Prior to seeking any court
order to enjoin or abate a nuisance or threatened nuisance, the city
manager shall provide notice of the proposed injunction or abatement
to the owner and occupant, if any, of the property where the nuisance
or threatened nuisance is occurring.
(3)
Emergency abatement. In the event the nuisance constitutes
an imminent danger to public safety or the environment, the city manager
may enter the property from which the nuisance emanates, abate the
nuisance and restore any property affected by the nuisance, without
prior notice to or consent from the owner or occupant thereof and
without judicial warrant.
a.
An imminent
danger shall include, but is not limited to, exigent circumstances
created by the dispersal of pollutants, where the same presents a
significant and immediate threat to the public safety or the environment.
(4)
Reimbursement of costs. All costs incurred by the city in
responding to any nuisance, all administrative expenses and all other
expenses, recoverable under state law, shall be recoverable from the
person(s) creating, causing, committing or maintaining the nuisance.
(5)
Nuisance lien. 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 sections
38773.1 and 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.
a.
At the
discretion of the city manager, 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.
b.
(Reserved)
(Ord. No. 933, § 3, 1-9-95)
(a)
Prosecutor. The enforcing attorney may act on the request
of the city manager to pursue enforcement actions in accordance with
the provisions of this article.
(b)
Infractions. Any person who may otherwise be charged with
a misdemeanor under this article may be charged, at the discretion
of the prosecuting attorney, with an infraction punishable by a fine
of not more than $100 for a first violation, $200 for a second violation,
and a fine not exceeding $500 for each additional violation occurring
within one year.
(c)
Misdemeanors. Any person who negligently or knowingly violates
any provision of this article, undertakes to conceal any violation
of this article, continues any violation of this article after notice
thereof, or violates the terms, conditions and requirements of any
water quality management plan or permit, shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment for
a period of not more than six months, or both.
(d)
Consecutive violations. Each day in which a violation occurs
and each separate failure to comply with either a separate provision
of this article, an administrative compliance order, a cease and desist
order, an applicable water quality management plan, or a permit issued
pursuant to this article, shall constitute a separate violation of
this article punishable by fines and sentences issued in accordance
herewith.
(e)
Nonexclusive remedies. Each and every remedy available for
the enforcement of this article shall be nonexclusive and it is within
the discretion of the authorized inspector or enforcing attorney to
seek cumulative remedies, except that multiple monetary fines or penalties
shall not be available for any single violation of this article.
(f)
Citations. Pursuant to Penal Code Section 836.5, the authorized
inspector shall have the authority to cause the arrest of any person
committing a violation of this article. The person shall be released
and issued a citation to appear before a magistrate in accordance
with Penal Code Sections 853.5, 853.6, and 853.9, unless the person
demands to be taken before a magistrate. Following issuance of any
citation the authorized inspector shall refer the matter to the enforcing
attorney.
Each citation to appear shall state the name and address of
the violator, the provisions of this article violated, and the time
and place of appearance before the court, which shall be at least
10 business days after the date of violation.
The person cited shall sign the citation giving his or her written
promise to appear as stated therein. If the person cited fails to
appear, the enforcing attorney may request issuance of a warrant for
the arrest of the person cited.
(g)
Violations of other laws. Any person acting in violation
of this article also may be acting in violation of the Federal Clean
Water Act or the State Porter-Cologne Act and other laws and also
may be subject to sanctions including civil liability. Accordingly,
the enforcing attorney is authorized to file a citizen suit pursuant
to Federal Clean Water Act Section 505(a), seeking penalties, damages,
and orders compelling compliance, and other appropriate relief. The
enforcing attorney may notify EPA Region IX, the Santa Ana or San
Diego Regional Water Quality Control Boards, or any other appropriate
state or local agency, or any alleged violation of this article.
(h)
Injunctions. At the request of the city manager, 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 article.
(1)
Order for reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement
to the city of all costs incurred in enforcing this article, 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.
(2)
(Reserved)
(i)
Other civil remedies.
(1)
The
city manager may cause the enforcing attorney to file an action for
civil damages in a court of competent jurisdiction seeking recovery
of: (i) all costs incurred in enforcement of the article, including
but not limited to costs relating to investigation, sampling, monitoring,
inspection, administrative expenses, all other expenses as authorized
by law, and consequential damages, (ii) all costs incurred in mitigating
harm to the environment or reducing the threat to human health, and
(iii) damages for irreparable harm to the environment.
(2)
The
enforcing attorney is authorized to file actions for civil damages
resulting from any trespass or nuisance occurring on public land or
to the stormwater drainage system from any violation of this article
where the same has caused damage, contamination or harm to the environment,
public property or the stormwater drainage system.
(3)
The
remedies available to the city pursuant to the provisions of this
article shall not limit the right of the city to seek any other remedy
that may be available by law.
(j)
Owner liability. The owner of any property, building or
structure within the city is responsible for keeping such property,
building or structure free of violations related to its use or condition.
The owner of such property, building or structure is separately liable
for violations committed by tenants or occupants relative to the use
or condition of the property.
(k)
Penalties for repeat illegal sanitary sewer discharges. Illegal discharges into the city's storm drain system are prohibited which includes sanitary sewer overflows (SSOs) caused by improperly designed, maintained or damaged sewer lines. An individual, property owner or business that has three or more sanitary sewer overflows within a five year consecutive period shall be fined in accordance with the following in lieu of Section 13-28(b) Infractions:
(1)
One
hundred dollars per gallon of discharge resulting from the third sanitary
sewer overflow occurrence;
(2)
Two
hundred dollars per gallon of discharge resulting from the fourth
sanitary sewer overflow occurrence;
(3)
Five
hundred dollars per gallon of discharge resulting from the fifth,
and thereafter, sanitary sewer overflow occurrence.
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Calculation of flow volume overflow. Volume
calculations will be based on criteria contained in the 2014
Sewer Spill Estimation Guide prepared by the Orange County
Area Waste Discharge Requirements Steering Committee on file with
the city. Final discharge amount will be determined by the director
of community development or designee.
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Penalties and cost recovery. The responsible
party shall also pay the city all costs associated with any clean
up and response to the sanitary sewer overflow in addition to any
penalties assessed in this section. These penalties will apply to
a maximum of 1,000 gallons and, if the spill exceeds the 1,000 gallon
amount, then the city manager shall have discretion to impose penalties
consistent with this section.
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Exemptions. Single-family residences, including
condominiums, and public property shall be exempt from these provisions.
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(Ord. No. 933, § 3, 1-9-95; Ord. No. 1127, § 2, 6-27-2011; Ord. No. 1172, § 1, 3-12-18)
(a)
Discharge permit procedure.
(1)
Permit.
On application of the owner of private property or the operator of
any facility, which property or facility is not otherwise subject
to the requirements of a state general permit, the city manager may
issue a permit for authorizing the release of nonstormwater discharges
to the stormwater drainage system if:
a.
The
discharge of material or constituents is reasonably necessary for
the conduct of otherwise legal activities on the property; and
b.
The
discharge will not cause a nuisance, impair the beneficial uses of
receiving waters, or cause any reduction in established water quality
standards.
c.
All
facilities, that meet the threshold specified in Section IX Municipal
Inspection of Industrial Facilities and Section X Municipal Inspection
of Commercial Facilities of the NPDES permit or its successor, shall
file an application and obtain a stormwater quality discharge permit
from the city, including, but not limited to, the following types
of commercial and industrial facilities:
(i)
Transport, storage or transfer of pre-production plastic pellets;
(ii)
Automobile mechanical repair, maintenance, fueling or cleaning;
(iii)
Airplane maintenance, fueling, or cleaning;
(iv)
Marinas and boat maintenance, fueling or cleaning;
(v)
Equipment repair, maintenance, fueling, or cleaning;
(vi)
Automobile impound and storage facilities;
(vii)
Pest control service facilities;
(viii)
Eating or drinking establishments, including food markets and
restaurants;
(ix)
Automobile impound and storage facilities;
(x)
Building materials retail and storage facilities;
(xi)
Portable sanitary service facilities;
(xii)
Painting and coating;
(xiii)
Animal facilities such as petting zoos and boarding and training
facilities;
(xiv)
Nurseries and greenhouses;
(xv)
Landscape and hardscape installation;
(xvi)
Pool, lake and fountain cleaning;
(xvii)
Golf courses;
(xviii)
Other commercial sites/sources that are tributary to and within
500 feet of an area defined by Ocean Plan as an Area of Special Biological
Significance;
(xix)
Any commercial sites or sources that are tributary to and within
500 feet of an area defined by the Ocean Plan as an Area of Special
Biological Significance;
(xx)
Any industrial businesses subject to the California Statewide General
NPDES Permit for Stormwater Discharges Associated with Industrial
Activities, and other industrial and commercial sites/sources that
the city determines may contribute a significant pollutant load to
the Municipal Separate Storm Sewer System (MS4) also referred to as
the stormwater drainage system; and
(xxi)
Any other facility that is required under by the NPDES permit
or its successor.
d.
Facilities
requiring the permit are categorized as low/medium priority or high
priority dependent upon their history of unauthorized, non-stormwater
discharges. Inspection frequency will abide by the current NPDES permit
requirements.
(2)
Application. The applicant shall provide all information
requested by the city manager 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, quantities thereof, which
may be discharged if permission is granted.
(3)
Permit issuance. The permit shall be granted or denied by
the city manager or designated representative, no later than 60 business
days following the completion and acceptance of the application as
determined by the city manager.
a.
The
applicant shall be notified in person or by first-class mail, postage
prepaid of the action taken.
b.
As
part of any application for, and prior to the issuance of, any permit,
each applicant shall pay to the city a fee as prescribed in the master
fee schedule, which may be updated by resolution from time to time.
(4)
Permit conditions. The permit may include terms, conditions
and requirements to ensure compliance with the objectives of this
article and as necessary to protect the receiving waters, including,
but not limited to:
a.
Identification
of the discharge location on the property and the location at which
the discharge will enter the stormwater drainage system;
b.
Identification
of the constituents and quantities thereof to be discharged into the
stormwater drainage system;
c.
Specification
of pollution prevention techniques and structural or nonstructural
control requirements as reasonably necessary to prevent the occurrence
of potential discharges in violation of this article;
d.
Requirements
for self-monitoring of any discharge;
e.
Requirements
for submission of documents or data, such as technical reports, production
data, discharge reports, self-monitoring reports and waste manifests;
and
f.
Other
terms and conditions appropriate to ensure compliance with the provisions
of this article 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.
g.
Implement
source control and pollution prevention measures that are consistent
with the designated best management practices for industrial and commercial
facilities as identified in the NPDES permit or its successor including,
without limitation, the following:
(i)
IC1 Airplane Maintenance & Repair;
(ii)
IC2 Animal Handling Areas;
(iii)
IC3 Building Maintenance;
(iv)
IC4 Carpet Cleaning;
(v)
IC5 Concrete & Asphalt Production, Application, & Cutting;
(vi)
IC6 Contaminated or Erodible Surface Areas;
(vii)
IC7 Landscape Maintenance;
(viii)
IC8 Nurseries & Greenhouses;
(ix)
IC9 Outdoor Drainage from Indoor Areas;
(x)
IC10 Outdoor Loading/Unloading of Materials;
(xi)
IC11 Outdoor Process Equipment Operations & Maintenance;
(xii)
IC12 Outdoor Storage of Raw Materials, Products, & Containers;
(xiii)
IC13 Over Water Activities;
(xiv)
IC14 Painting, Finishing, & Coatings of Vehicles, Boats,
Buildings, & Equipment;
(xv)
IC15 Parking & Storage Area Maintenance;
(xvi)
IC16 Pool and Fountain Cleaning;
(xvii)
IC17 Spill Prevention & Cleanup;
(xviii)
IC18 Vehicle & Equipment Fueling;
(xix)
IC19 Vehicle & Equipment Maintenance & Repair;
(xx)
IC20 Vehicle & Equipment Washing & Steam Cleaning;
(xxi)
IC21 Waste Handling & Disposal;
(xxii)
IC22 Eating & Drinking Establishments;
(xxiii)
IC23 Fire Sprinkler Testing/Maintenance; and
(xxiv)
IC24 Wastewater Disposal Guidelines.
h.
Allowing
access to the facility by inspection personnel during business hours
to inspect and audit the facility for compliance with the required
best management practices and for investigation of possible illicit
discharges, and the location at which any discharge could enter the
stormwater drainage system.
i.
Applicant
shall prohibit or mitigate through appropriate control measures, as
determined by the director of public works, the following types of
discharges:
(i)
Sewage (also prohibited under the Statewide SSO order);
(ii)
Wash water resulting from the hosing or cleaning of gas stations,
auto repair garages, and other types of automobile service stations;
(iii)
Discharges resulting from the cleaning, repair, or maintenance
of any type of equipment, machinery, or facility, including motor
vehicles, concrete mixing equipment, portable toilet servicing, etc.;
(iv)
Wash water from mobile auto detailing and washing, steam and pressure
cleaning, carpet/upholstery cleaning, pool cleaning and other such
mobile commercial and industrial activities;
(v)
Water from cleaning of municipal, industrial, and commercial sites,
including parking lots, streets, sidewalks, driveways, patios, plazas,
work yards and outdoor eating or drinking areas, etc.;
(vi)
Runoff from material storage areas or uncovered receptacles that
contain chemicals, fuels, grease, oil, or other hazardous materials;
(vii)
Discharges of runoff from the washing of toxic materials from
paved or unpaved areas;
(viii)
Discharges of pool or fountain water containing chlorine, biocides,
or other chemicals; pool filter backwash containing debris and chlorine;
(ix)
Pet waste, yard waste, litter, debris, sediment, etc.; and
(x)
Restaurant or food processing facility wastes such as grease, floor
mat and trash bin wash water, food waste, etc.
j.
Any
food service establishment facility shall have a program to ensure
the following areas are managed appropriately:
(i)
Oil and grease disposal to verify that these wastes are not poured
onto a parking lot, or adjacent catch basin;
(ii)
Trash bin areas to verify that these areas are clean, the bin lids
are closed, the bins are not filled with liquid and the bins have
not been washed out;
(iii)
Parking lot, alley, sidewalk and street areas to verify that
floor mats, mops, filters and garbage containers are not washed in
those areas and that any water used for such purposes is not poured
or otherwise disposed of in those areas or discharged to the stormwater
drainage system;
(iv)
Parking lot areas to verify that they are cleaned by sweeping, rather
than by hosing, and that the facility operator uses dry methods for
spill cleanup rather than hosing; and
(v)
Inspection of existing devices designed to separate grease from wastewater
(e.g., grease traps or interceptors) to ensure adequate capacity and
proper maintenance is currently performed under the fats, oils and
grease ("FOG") program.
(5)
General permit. In the discretion of the city manager, the
permit may, in accordance with the conditions identified in subsection
(a)(4), be prepared as a general permit applicable to a specific category
of activities. If a general permit is issued, any person intending
to discharge within the scope of the authorization provided by the
general permit may do so by filing an application to discharge with
the city manager. No discharge within the scope of the general permit
shall occur until such application is so filed.
(6)
Permit fees. 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:
a.
For
individually issued permits, the costs of reviewing the permit application,
preparing and issuing the permit, and the costs reasonably related
to administering this permit program.
b.
For
general permits, the costs of reviewing the permit application, that
portion of the costs of preparing the general permit which is reasonably
attributable to the permittee's application for the general permit,
and the costs reasonably related to administering the general permit
program.
(b)
(Reserved)
(Ord. No. 933, § 3, 1-9-95; Ord. No. 1127, § 3, 6-27-2011; Ord. No. 1182, §§ 2, 3, 11-25-19)
(a)
The
city manager 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 article; or
(2)
The
permittee's discharge or the circumstances under which the discharge
occurs have been changed so that it is no longer appropriate to except
the discharge from the prohibitions on prohibited discharge contained
within this article; or
(3)
The
permittee fails to comply with any schedule for compliance issued
pursuant to this article; 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
city manager 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 article or to protect the quality of receiving waters.
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The permittee shall be informed of any change in the permit
terms and conditions at least 45 business days prior to the effective
date of the modified permit.
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(c)
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.
(Ord. No. 933, § 3, 1-9-95)
(a)
Penalties and compliance with other laws. Any violation
of the terms, conditions and requirements of any permit issued by
the city manager shall constitute a violation of this article and
subject the violator to the administrative, civil and criminal remedies
available under this article.
Compliance with the terms, conditions and requirements of a
permit issued pursuant to this article 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)
Limited permittee rights. Permits issued under this article
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)
Transfer of permits. No permit 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 or entity other than the permittee named in
the permit, provided however, that the city may approve a transfer
if written approval is obtained, in advance, from the city manager.
(Ord. No. 933, § 3, 1-9-95)
(a)
The
federal clean water act authorizes the NPDES permit for the Orange
County area and provides for cooperative implementation of requirements
and interagency allocations of program resources and burdens. The
coordinated effort in the county and copermittees is reflected in
the National Pollution Discharge Elimination System Permit Implementation
Agreement Santa Ana/San Diego Regions, the NPDES permits, the DAMP,
this article, the appendices to the DAMP, including the best management
practices for new development and best management practices for construction
activity, monitoring and data collection cooperation and regular emergency
and spill response planning activities.
(b)
The
city may elect to contract for the services of any public agency or
private enterprise to carry out the planning approvals, inspections,
permits and enforcement authorized by this article.
(Ord. No. 933, § 3, 1-9-95)
The provisions of Sections 1094.5 and 1094.6 of the Code of
Civil Procedure set forth the procedure for judicial review of any
act taken pursuant to this article. Parties seeking judicial review
of any action taken pursuant to this article shall file such action
within 90 days of the occurrence of the event for which review is
sought.
(Ord. No. 933, § 3, 1-9-95)
Full compliance by any person or entity with the provisions
of this article shall not preclude the need to comply with other local,
state or federal statutory or regulatory requirements, which may be
required for the control of stormwater and/or the protection of stormwater
quality.
(Ord. No. 933, § 3, 1-9-95)
