A.
Title.
This chapter shall be known as the "City of Rancho Mirage Stormwater
Management and Discharge Control Ordinance" and may be so cited.
B.
Purpose
and Intent. The purpose of this chapter is to ensure the future health,
safety and general welfare of city citizens by:
C.
The
intent of this chapter is to protect and enhance the water quality
of city watercourses, water bodies, groundwater and wetlands in a
manner pursuant to and consistent with the Clean Water Act.
(Ord. 671 § 1 (Exh. A
part)), 1997)
The terms as used in this chapter shall have the following meanings:
mean schedules of activities, prohibitions of practices,
general good house-keeping practices, maintenance procedures, educational
programs and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to waters of the United States
of America. BMPs also include treatment requirements, operating procedures
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, and drainage from raw materials storage. The California
Stormwater Best Management Practice Handbooks for municipal, industrial/commercial
and construction activity provide a detailed discussion of BMPs.
means the director of public works.
means and includes the director of public works and code
compliance supervisor and their designees.
means any physical connection to a storm drain system which
has not been permitted by the city, the Coachella Valley Water District
or other appropriate public agency.
means any discharge to the storm drain system that is not
composed entirely of stormwater runoff except discharges made pursuant
to a national pollutant discharge elimination system (NPDES) permit
or as otherwise authorized by the Santa Ana, San Diego or Colorado
River Basin Regional Water Quality Control Board.
means an area-wide NPDES permit issued to a government agency
or agencies for the discharge of stormwater from a storm drain system.
permit means a stormwater discharge permit issued by the
Santa Ana, San Diego or Colorado River Basin Regional Water Quality
Control Board or the State Water Resources Control Board in compliance
with the federal Clean Water Act.
means any discharge to the storm drain system that is not
entirely composed of stormwater.
means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity
which is recognized by law as the subject of rights or duties.
means anything which causes the deterioration of water quality
such that it impairs subsequent and/or competent uses of the water.
Pollutants may include, but are not limited to, paints, oil and other
automotive fluids, soil, rubbish, trash, garbage, debris, refuse,
waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals,
hazardous waste, chemicals, fresh concrete, yard waste from commercial
landscaping operations, animal waste, materials that result from the
process of constructing a building or structure, nauseous or offensive
matter of any kind.
means any building, lot, parcel of land, land or portion
of land whether improved or unimproved.
means any facility by which stormwater may be conveyed to
waters of the United States. The storm drain system includes, but
is not limited to, any roads with drainage systems, streets, curbs,
gutters, catch basins, natural and artificial channels, ditches, aqueducts,
storm drains, inlets, conduit or other drainage structure.
means surface runoff and drainage associated with rain storm
events and snow melt.
(Ord. 671 § 1 (Exh. A
part)), 1997)
This chapter shall be administered for the city by the director
of public works.
(Ord. 671 § 1 (Exh. A
part)), 1997)
This chapter shall be construed to assure consistency with the
requirements of the federal Clean Water Act and acts amendatory thereof
or supplementary thereto, applicable implementing regulations and
any existing or future municipal NPDES Permits and any amendments,
revisions or reissuance thereof.
(Ord. 671 § 1 (Exh. A
part)), 1997)
A nonstormwater discharge to the storm drain system is a violation
of this chapter except as specified below.
A.
The
prohibition of discharges shall not apply to any discharge regulated
under a NPDES Permit or waiver issued to the discharger and administered
by the state of California under the authority of the EPA, provided
that the discharger is in full compliance with all requirements of
the permit or waiver and other applicable laws or regulations.
B.
Discharges
from the following activities will not be considered a source of pollutants
to waters of the United States when properly managed: water line flushing
and other discharges from potable water sources, landscape irrigation
and lawn watering, irrigation water, diverted stream flows, rising
ground waters, infiltration to separate storm drains, uncontaminated
pumped ground water, foundation and footing drains, water from crawl
space pumps, air-conditioning condensation, springs, individual residential
car washing, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges or flows from fire fighting.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any discharge that would result in or contribute to a violation
of an existing or future municipal NPDES permit(s), currently No.
CAS617002 by reference incorporated herein, and any amendment, revision
or reissuance thereof, either separately considered or when combined
with other discharges, is a violation of this chapter and is prohibited.
Liability for any such discharge shall be the responsibility of the
person(s) causing or responsible for the discharge and such persons
shall defend, indemnify and hold harmless the city in any administrative
or judicial enforcement action relating to such discharge.
(Ord. 671 § 1 (Exh. A
part)), 1997)
It is a violation of this chapter to establish, use, maintain
or continue illicit drainage connections to the city storm drain system,
or to commence or continue any illicit discharges to the city storm
drain system. This prohibition against illicit connections is expressly
retroactive and applies to connections made in the past, regardless
of whether permissible under the law or practices applicable or prevailing
at the time of the connection.
(Ord. 671 § 1 (Exh. A
part)), 1997)
It is a violation of this chapter to throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, placed, left or
maintained, any refuse, rubbish, garbage, abandoned vehicle or other
discarded or abandoned objects, articles, and accumulations, in or
upon any street, alley, sidewalk, storm drain, inlet, catch basin,
conduit or other drainage structures, business place, or upon any
public or private plot of land in the city. The only exception being
where such pollutant is being temporarily placed in an appropriate
container with a spill containment system for later collection and
removal. It is a violation of this chapter to cause or permit any
dumpster, solid waste bin, or similar container to leak such that
any pollutant is discharged into any street, alley, sidewalk, storm
drain inlet, catch basin, conduit or other drainage structures, business
place, or upon any public or private plot of land in the city.
(Ord. 671 § 1 (Exh. A
part)), 1997)
In outdoor areas, no person shall improperly store grease, oil
or other hazardous substances. In outdoor areas, no person shall improperly
store motor vehicles, machine parts, or other objects in a manner
that may leak grease, oil or other hazardous substances. To prevent
the discharge of hazardous substances from the property, the city
may require the installation of a spill containment system. Spill
containment systems may consist of a system of dikes, walls, barriers,
berms or other devices as required. No person shall operate a spill
containment system such that it allows incompatible liquids to mix
and thereby create a hazardous condition.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any person performing construction work in the city shall comply
with the provisions of this chapter, as well as Section 7.01,060,
Local Air Quality Management Plan.
(Ord. 671 § 1 (Exh. A
part)), 1997)
A.
To minimize
the discharge and transport of pollutants, the city may require, in
its discretion, a new development or redevelopment project to control
the volume and rate of stormwater runoff from the project so as to
prevent any deterioration of water quality which would impair the
subsequent or competing uses of the water. The director of public
works may establish standards and guidelines implementing BMPs designed
to control the rate and volume of stormwater runoff from new developments
and redevelopments as may be appropriate to minimize the discharge
and transport of pollutants.
B.
Acceptable
methods and standards for controlling stormwater runoff volumes, rates
and pollutant load may include, but are not limited to, the following:
1.
Increase
Permeable Areas. Avoid placing impervious surfaces in highly porous
soil areas; incorporate landscaping and open space into the project
design, use porous materials for or near driveways and walkways; incorporate
detention ponds and infiltration pits into the project's design; avoid
placing pavement and other impervious surfaces in low lying areas.
2.
Direct
Runoff to Permeable Areas. Direct stormwater runoff away from impermeable
areas to swales, berms, green strip filters, gravel beds, and French
drains. Install rain gutters and orient them toward permeable areas.
Modify the grade of the property to divert flow to permeable areas
and minimize the amount of stormwater runoff leaving the property.
When designing curbs, berms or other structures, avoid designs which
isolate permeable or landscaped areas.
3.
Maximize
Stormwater Storage for Reuse. Use retention structures, subsurface
areas, cisterns, or other structures to store stormwater runoff for
reuse or slow release.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any industrial discharger, discharger associated with construction
activity, or other discharger subject to any NPDES permit issued by
the United States Environmental Protection Agency, the State Water
Resources Control Board, the Santa Ana Regional Water Quality Control
Board, the San Diego Regional Water Quality Control Board or the Colorado
River Basin Regional Water Quality Control Board, shall comply with
all requirements of such permit. This chapter shall specifically comply
with the following permits: the industrial stormwater general permit,
the construction activity stormwater general permit, and the dewatering
general permit. Proof of compliance with such NPDES general permits
may be required in a form acceptable to the director prior to issuances
of any city grading, building or occupancy permits.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Where BMP guidelines or requirements have been adopted by any
federal, state of California, regional, and/or city agency, for any
activity, operation or facility which may cause or contribute the
stormwater pollution or contamination, discharges, and/or discharge
of nonstormwater to the storm drain system, every person undertaking
such activity or operation, or owning or operating such facility shall
comply with such guidelines or requirements as may be identified by
the director.
(Ord. 671 § 1 (Exh. A
part)), 1997)
A.
Whenever
necessary to make an inspection to enforce any of the provisions of
this chapter, or whenever an authorized enforcement official has reasonable
cause to believe that there exists in any building or upon any premises
any condition which constitutes a violation of the provisions of this
chapter, the officer may enter such building or premises at all reasonable
times to inspect the same or perform any duty imposed upon the officer
by this chapter; provided that (1) if such building or premises be
occupied, he or she shall first present proper credentials and request
entry; and (2) if such building or premises be unoccupied, he or she
shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request
entry.
B.
Any
such request for entry shall state that the property owner or occupant
has the right to refuse entry and that in the event such entry is
refused, inspection may be made only upon issuance of a search warrant
by a duly authorized magistrate. In the event the owner and/or occupant
refuses entry after such request has been made, the official is empowered
to seek assistance from any court of competent jurisdiction in obtaining
such entry.
C.
Routine
or area inspections shall be based upon such reasonable selection
processes as may be deemed necessary to carry out the objectives of
this chapter, including, but not limited to random sampling and/or
sampling in areas with evidence of stormwater contamination, illicit
discharges, discharge of nonstormwater to the storm drain system or
similar factors.
(Ord. 671 § 1 (Exh. A
part)), 1997)
With the consent of the owner or occupant or pursuant to a search
warrant, any authorized enforcement officer may establish on any property
such devices as are necessary to conduct sampling or metering operations.
During all inspections as provided in this chapter, the officer may
take any samples deemed necessary to aid in the pursuit of the inquiry
or in the recordation of the activities on-site.
(Ord. 671 § 1 (Exh. A
part)), 1997)
All persons in charge of a facility or responsible for emergency
response for a facility are personally responsible to train facility
personnel and maintain notification procedures to assure that immediate
notification is provided to the city of any suspected, confirmed or
unconfirmed release of material, pollutants or waste creating a risk
of discharge into the city storm drain system. As soon as any person
in charge of a facility or responsible for emergency response for
a facility has such knowledge, such person shall take all necessary
steps to ensure the discovery and containment and clean up of such
release and shall notify the city of the occurrence and confirming
the notification by correspondence to the director of public works.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any authorized enforcement official may request that any person
engaged in any activity and/or owning or operating any facility which
may cause or contribute to stormwater pollution or contamination,
illicit discharges, and/or discharge of nonstormwater to the storm
drain system, undertake such monitoring activities and/or analyses
and furnish such reports as the officer may specify. The burden, including
costs of these activities, analyses and reports, shall bear a reasonable
relationship to the need for the monitoring, analyses and reports
and the benefits to be obtained. The recipient of such request shall
undertake and provide the monitoring, analyses and/or reports requested.
In the event the owner or operator of a facility subject to a monitoring
and/or analyses order fails to conduct required monitoring and/or
analyses and furnish the required reports in the form required, the
authorized enforcement officer may cause such monitoring and/or analyses
and the costs thereof, including the reasonable additional administrative
costs incurred by the city, shall be invoiced to the owner of the
property. If the invoice is not paid within sixty days of the issuance
thereof, the costs shall be a lien upon and against the property and
continue in existence until the same shall be paid. If the lien is
not satisfied by the owner of the property within three months after
the completion by an authorized enforcement officer of the required
monitoring and/or analyses and reports, the property may be sold in
satisfaction thereof in a like manner as other real property is sold
under execution.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Unless otherwise specified by ordinance, the violation of any
provision of this chapter, or failure to comply with any of the mandatory
requirements of this chapter, shall constitute a misdemeanor, except
that notwithstanding any other provisions of this chapter, any such
violation constituting a misdemeanor under this chapter, at the discretion
of the authorized enforcement officer may be charged and prosecuted
as an infraction.
(Ord. 671 § 1 (Exh. A
part)), 1997)
A.
It is
unlawful for any person to violate any provision of this chapter.
Any person violating any provision of this chapter shall be deemed
guilty of an infraction or misdemeanor as hereinafter specified. Such
person shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any of the provisions
of this chapter is committed, continued or permitted.
B.
Any
person so convicted shall be: (1) guilty of an infraction offense
and punished by a fine not exceeding one hundred dollars for a first
violation; (2) guilty of an infraction offense and punished by a fine
not exceeding two hundred dollars for a second violation. The third
and any additional violations shall constitute a misdemeanor offense
and shall be punished by a fine not exceeding one thousand dollars
or six months in jail, or both. Notwithstanding the above, a first
offense may be charged and prosecuted as a misdemeanor. Payment of
any penalty herein shall not relieve a person from the responsibility
for correcting the violation.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter shall constitute a violation of such
provision.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any person who violates any provision of this chapter, any provision
of any permit issued pursuant to this chapter, or who discharges waste
or wastewater which causes pollution, or who violates any cease and
desist order, prohibition, or effluent limitation, also may be in
violation of the federal Clean Water Act and/or Porter-Cologne Act
and may be subject to the sanctions of those Acts including civil
and criminal penalty. Any enforcement action authorized under this
chapter should also include notice to the violator of such potential
liability.
(Ord. 671 § 1 (Exh. A),
1977)
A.
In addition
to the penalties hereinbefore provided, any condition caused or permitted
to exist in violation of any of the provisions of this chapter is
a threat to the public health, safety and welfare, and may be declared
and deemed a nuisance, and may be summarily abated and/or restored
by an authorized enforcement officer, and/or civil action to abate,
enjoin or otherwise compel the cessation of such nuisance may be taken
by city attorney.
B.
The
cost of such abatement and restoration shall be borne by the owner
of the property and the cost thereof shall be a lien upon and against
the property and such lien shall continue in existence until the same
shall be paid. If the lien is not satisfied by the owner of the property
within three months after the completion by the authorized enforcement
officer of the removal of the nuisance and the restoration of the
property to its original condition, the property may be sold in satisfaction
thereof in a like manner as other real property is sold under execution.
C.
If any
violation of this chapter constitutes a seasonable and recurrent nuisance,
the director shall so declare. Thereafter such seasonable and recurrent
nuisance shall be abated every year without the necessity of any further
hearing.
D.
In any
administrative or civil proceeding under this chapter in which the
city prevails, the city shall be awarded all costs of investigation,
administrative overhead, out-of-pocket expenses, costs of administrative
hearings, cost of suit and reasonable attorney's fees.
(Ord. 671 § 1 (Exh. A
part)), 1997)
The provisions of Section 131094.6 of the California Code of
Civil Procedure are applicable to judicial review of City decisions
pursuant to this chapter.
(Ord. 671 § 1 (Exh. A
part)), 1997)
In addition to any other remedies provided in this section,
remedies may be enforced by civil action brought by the city. In any
such action, the city shall grant, as appropriate, any or all of the
following remedies:
A.
A temporary
and/or permanent injunction;
B.
Assessment
to the violator for the costs of any investigation, inspection or
monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing legal action
under this subsection;
C.
Costs
incurred in removing, correcting or terminating the adverse effects
resulting from the violation;
D.
Compensatory
damages for loss or destruction to water quality, wildlife, fish and
aquatic life. Assessments under this subsection shall be paid to the
city to be used exclusively for costs associated with monitoring and
establishing stormwater discharge pollution control systems and/or
implementing or enforcing the provisions of this chapter.
(Ord. 671 § 1 (Exh. A
part)), 1997)
In addition to the other enforcement powers and remedies established
by this chapter, any authorized enforcement officer has the authority
to utilize the following administrative remedies.
(Ord. 671 § 1 (Exh. A
part)), 1997)
When an authorized enforcement officer finds that a discharge
has taken place or is likely to take place in violation of this chapter,
the officer may issue an order to cease and desist such discharge,
or practice, or operation likely to cause such discharge and direct
that those persons not complying shall: (a) comply with the requirement,
(b) comply with a time schedule for compliance, and/or (c) take appropriate
remedial or preventative action to prevent the violation from reoccurring.
(Ord. 671 § 1 (Exh. A
part)), 1997)
A.
Whenever
an authorized enforcement officer finds any oil, earth, dirt, grass,
weeds, dead trees, tin cans, rubbish, refuse, waste or any other material
of any kind, in or upon the sidewalk abutting or adjoining any parcel
of land, or upon any parcel of land or grounds, which may result in
an increase in pollutants entering a city storm drain system or natural
watercourse, or a non-stormwater discharge to a city storm drain system
or natural watercourse, he or she may give notice to remove such oil,
earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse,
waste or other material, in any manner that he or she may reasonably
provide. The recipient of such notice shall undertake the activities
as described in the notice.
B.
In the
event the owner or operator of a facility fails to conduct the activities
as described in the notice, the authorized enforcement officer may
cause such required activities as described in the notice, and the
cost thereof shall be invoiced to the owner of the property. If the
invoice is not paid within sixty days, a lien shall be placed upon
and against the property. If the lien is not satisfied by the owner
of the property within three months after the completion of the required
activities by the authorized enforcement officer, the property may
be sold in satisfaction thereof in a like manner as other real property
is sold under execution.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Such authorized enforcement officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Remedies under this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
(Ord. 671 § 1 (Exh. A
part)), 1997)
Any person, firm, corporation or organization required to perform
monitoring, analyses, reporting and/or corrective activities by an
authorized enforcement officer who is aggrieved by the decision of
the authorized enforcement officer may appeal such decision to the
director within ten days following the effective date of the decision
by writing to the director. Upon receipt of such request, the director
shall request a report and recommendation from the authorized enforcement
officer and shall set the matter for hearing at the earliest practical
date. At such hearing, the director may hear additional evidence,
and may reject, affirm or modify the authorized enforcement officer's
decision. Such decision shall be final.
(Ord. 671 § 1 (Exh. A
part)), 1997)
The degree of protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific, engineering
and other relevant technical considerations. The standards set forth
herein are minimum standards and this chapter does not imply that
compliance will ensure that there will be no unauthorized discharge
of pollutants into the waters of the United States of America. This
chapter shall not create liability on the part of the county, any
officer or employee thereof for any damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
(Ord. 671 § 1 (Exh. A
part)), 1997)
