A. The
city engineer, or the city engineer's designated representative, shall
be authorized, at any reasonable time, to enter the premises or developed
parcel of any discharger to the city's municipal separate storm sewer
system to determine compliance with the provisions of this chapter,
and to:
1. Conduct
inspection, monitoring and/or other authorized duties to enforce the
provisions of this chapter;
2. Review
any records, reports, test results or other information required to
enforce the provisions of this chapter. Such review may include the
necessity to photograph, videotape or copy any applicable information;
and
3. Inspect
any chemicals, materials, wastes, storage areas, storage containers,
and waste-generating processes, treatment facilities and discharge
locations. Such inspection may include the necessity to photograph
or videotape any applicable chemicals, materials, wastes, storage
areas, storage containers and waste-generating processes, treatment
facilities and discharges locations.
B. The
city engineer or his or her designated representative shall provide
adequate identification when entering the premises of any discharger.
If such entry is refused or cannot be obtained, the city engineer
shall have recourse to every remedy provided by law to secure lawful
entry and inspection of the premises.
C. If
the city engineer has reasonable cause to believe that non-stormwater
discharge conditions on or emanating from the premises are of a nature
so as to require immediate inspection to safeguard public health or
safety, the city engineer shall have the right to immediately enter
and inspect the property and may use any reasonable means required
to effect such entry and make such inspection, regardless if the property
is occupied or unoccupied and regardless if formal permission to inspect
said property has been obtained.
D. Where
a discharger has instituted security measures requiring proper identification
and clearance before entry onto the premises, the discharger shall
make all necessary arrangements with its security agents in order
that, upon presentation of such identification, the city engineer
or his or her designated representative shall be permitted to enter
the premises without delay, for the purpose of performing their authorized
duties. For facilities which require special clearances to conduct
inspections, it shall be the responsibility of the discharger to obtain
all necessary clearances on behalf of the city so that the inspection
is not impaired.
(Code 1980, § 19.20.270; Ord. No. 740, § 1, 2005)
A. Notice
of correction (NOC). Whenever the city engineer or his or her designated
representative finds that any person threatens to violate or has already
violated any prohibition, limitation or requirement contained in this
chapter, any NPDES permit or the basin plan, the city may serve upon
such person a written notice of correction stating the nature of the
violation and the necessary actions that must be implemented to correct
the situation. The NOC shall stipulate a time period by which the
problem must be corrected and the penalties for noncompliance.
B. Notice
of violation (NOV).
1. When
the city engineer or his or her designated representative finds that
any person has failed to comply with a notice of correction or has
violated or continues to violate any prohibition, limitation or requirement
contained in this chapter, any NPDES permit or the basin plan, the
city may serve upon such person a written notice of violation stating
the nature of the violation and the penalties for noncompliance. At
a minimum, the notice of violation shall require that the person to
submit to the city engineer, within a time period specified in the
notice, a plan indicating the cause of the violation and corrective
actions which will be taken to prevent recurrence.
2. A
discharger shall be guilty of a separate offense for every day during
any portion of which any violation of any provision of this chapter
is committed, continued or permitted by the discharger.
3. Pursuant
to
Government Code §§ 53069.4 and 36900(b), the following
violation assessments will apply to the issuance of a notice of violation
by the city engineer or his or her authorized representative:
a. A first notice of violation shall be issued for a first violation
of this chapter and shall be punishable by a fine not exceeding $100.00.
b. A second notice of violation shall be issued for a second violation
of this chapter within one year and shall be punishable by a fine
not exceeding $200.00.
c. A third notice of violation shall be issued for a third violation
of this chapter within one year and shall be punishable by a fine
not exceeding $500.00. Each additional violation of this chapter within
one year shall also be punishable by a fine of $500.00.
(Code 1980, § 19.20.280; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
Any person who knowingly makes any false statement, representation,
record, report, plan or other document filed with the city, or who
falsifies, tampers with or knowingly renders inaccurate monitoring
devices or methods required under this chapter, shall have violated
this chapter and shall be guilty of a misdemeanor.
(Code 1980, § 19.20.290; Ord. No. 740, § 1, 2005)
A. Pursuant
to
Government Code §§ 54739 and 54740.5, the city engineer
may issue an administrative complaint to any person who violates this
chapter, any prohibition or limitation thereof or any compliance order,
cease and desist order, stop work order or injunction. The administrative
complaint shall allege the act or failure to act that constitutes
the violation, the proposed civil penalty and the authority under
which it is imposed.
B. The
administrative complaint, served on the alleged violator by personal
delivery or by certified mail, shall inform the person served that
a hearing before the city engineer shall be conducted within 60 days
of the service of the complaint. The right to a hearing may be waived
by the person who has been issued the administrative complaint, in
which case the city shall not conduct a hearing. A person dissatisfied
with the decision of the city engineer may appeal to the city council
within 30 days of notice of the engineer's decision.
C. If
after the hearing, or appeal, if any, it is found that the person
has violated reporting or discharge requirements, the city engineer
or city council may assess a civil penalty against that person. In
determining the amount of the civil penalty, the city engineer or
city council may take into consideration all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation,
the economic benefit derived through any noncompliance, the nature
and persistence of the violation, the length of time over which the
violation occurs and corrective action, if any, attempted or taken
by the discharger.
D. Civil
penalties may be assessed, as follows:
1. In
an amount which shall not exceed $3,000.00 for each day for failing
or refusing to timely comply with any compliance order established
by the city;
2. In
an amount which shall not exceed $5,000.00 for each day of discharge
in violation of any discharge limitation, area-wide urban runoff permit
condition, or requirement issued, reissued or adopted by the city;
3. In
an amount which shall not exceed $10.00 per gallon for discharges
in violation of any stop work order, cease and desist order or other
orders, or prohibition issued, reissued or adopted by the city;
4. The
amount of any civil penalties imposed under this section which have
remained delinquent for a period of 60 days shall constitute a lien
against the real property of the discharger from which the discharge
originated resulting in the imposition of the civil penalty. The lien
provided in this chapter shall have no force and effect until recorded
with the county recorder and when recorded shall have the force and
effect and priority of a judgment lien and continue for ten years
from the time of recording unless sooner released, and shall be renewable
in accordance with the provisions of
Code of Civil Procedure §§ 683.110—683.220.
All monies collected under this section may be deposited in
a special account by the city and to be made available for the monitoring,
treatment and control of discharges into the city's storm drainage
system or for other mitigation measures.
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E. Unless
appealed, an order imposing administrative civil penalties shall become
effective and final upon issuance thereof, and payment shall become
due within 30 days of issuance of an invoice by the city. Copies of
these orders shall be served by personal service or by registered
mail upon the party served with the administrative complaint and upon
other persons who appeared at the hearing and requested a copy.
F. The
city may, at its option, elect to petition the superior court to confirm
any order establishing civil penalties and enter judgment in conformity
therewith in accordance with the provisions of
Code of Civil Procedure
§§ 1285—1287.6.
(Code 1980, § 19.20.300; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Any
person who receives a notice of correction, notice of violation, administrative
order or other notice specified in this chapter may request, or the
city engineer may order, an administrative hearing, at which time
a person who causes or allows, or who has caused or allowed, an unauthorized
discharge to enter into the city's municipal separate storm sewer
system or who continues to allow a violation of this chapter to exist,
may show cause why a proposed enforcement action should not be taken
against him or her or her. The city manager, or the city manager's
designees, shall preside over the administrative hearing, at which
time each party, including the discharger and the city engineer or
designee, shall have the right to present evidence.
B. A notice
of hearing shall be served on the discharger specifying the time and
place of the hearing and referencing the specific violation and/or
violations of this chapter, the reasons why the action is to be taken
and the proposed enforcement action, directing the discharger to show
cause before the hearing officer why the proposed enforcement action
should not be taken. The notice of hearing shall be served personally
or by registered or certified mail, return receipt requested at least
ten working days prior to the hearing. Service of the notice of hearing
may be made on any agent or officer of the discharger.
(Code 1980, § 19.20.310; Ord. No. 740, § 1, 2005)
The city engineer may require compliance with any prohibition,
limitation or requirement contained in this chapter, any NPDES stormwater
permit or the basin plan, by issuing an administrative order, enforceable
in a court of law, or by directly seeking court action. Administrative
orders may include compliance orders, termination of service orders
and immediate termination of service orders.
A. Compliance
orders. The city engineer or designee may issue a compliance order
to any person who fails to correct a violation of this chapter, any
NPDES stormwater permit or the basin plan. The order shall be in writing,
specify the violation and require appropriate compliance measures
within a specified time period. The 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 illegal connection or
to prevent the imminent threat of a prohibited discharge;
2. Specific
requirements for containment, cleanup, removal, storage, installation
of overhead covering or proper disposal of any pollutant having the
potential to contact stormwater runoff;
3. Installation
of stormwater treatment devices, containment structures, wash racks
and addition and removal of stormwater drains;
4. Any
other terms or requirements reasonably calculated to prevent 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 or regional agency;
5. The
city engineer or designee may adopt a proposed compliance schedule
submitted by the user or may adopt a revised compliance schedule if
in his or her judgment, the proposed compliance schedule would allow
the user to cause harm to the receiving waters and/or the city's MS4;
6. A
compliance order shall require the person to pay a $1,000.00 penalty
fee to the city for the issuance thereof.
B. Stop
work order. The city engineer or building official may serve a written
stop work order on any person engaged in doing or causing to be done,
new construction, tenant improvements, alterations or additions, if:
1. No
construction permit has been granted by the city;
2. Work
has begun prior to the submittal of a written water quality management
plan (WQMP) and subsequent approval by the city engineer or designee;
or
3. Violations
of this chapter are found at the site of the new construction, tenant
improvements, alterations or additions.
Any person served a stop work order shall stop such work forthwith
until written authorization to continue is received from the city
engineer or building official. A stop work order shall require the
discharger to pay a $1,000.00 penalty fee to the city for the issuance
thereof.
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C. Cease
and desist order. When the city engineer or designee finds that any
person or industrial and/or commercial discharger has violated or
threatens to violate any prohibition, limitation or requirement contained
in this chapter, any NPDES stormwater permit or the basin plan, or
NPDES stormwater permit, the city may issue a cease and desist order
direction such person to:
1. Immediately
discontinue any illicit connection or prohibited discharge to the
city's municipal separate storm sewer 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 chapter;
3. Immediately
discontinue any other violation of this chapter.
A cease and desist order shall require the discharger to pay
a $1,000.00 penalty fee to the city for the issuance thereof.
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D. Termination
of service. When the city engineer finds any person or industrial
and/or commercial discharger, who has a direct connection into the
city's municipal separate storm sewer system or has violated an administrative
order, the city engineer may terminate storm drain service to the
discharger. The person shall be liable for all costs for termination
of storm drain service incurred by the city. This provision is in
addition to any other statues, rules or regulations authorizing termination
of service for delinquency payment or for any other reasons. Storm
drain service shall be re-instituted by the city engineer after the
discharger has complied with all the provisions of the administrative
order. The person shall also be liable for all costs for re-instituting
storm drain service.
E. Immediate
termination of service.
1. The
city engineer may immediately suspend storm drain service and any
non-stormwater discharge permit when such suspension is necessary,
in the opinion of the city engineer, to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or pollution to the receiving waters, ground
and/or storm drainage system of the city. Any person or industrial
and/or commercial discharger notified that their storm drain service
has been suspended shall immediately cease and eliminate the discharge
into the city municipal separate storm sewer system.
2. In
the event of failure to comply voluntarily with the termination of
service order, the city engineer shall take appropriate steps, including
immediate severance of all applicable storm drain connections. All
persons responsible for a discharge that may endanger the health or
welfare of the community or the environment shall be liable for all
costs incurred by the city in terminating storm drain service. Storm
drain service shall be re-instituted by the city engineer after the
actual or threatened discharge has been eliminated. A detailed written
statement, submitted by the industrial and/or commercial discharger,
describing the cause of the harmful contribution and the measures
to prevent any future occurrence, shall be submitted to the city engineer
within ten working days of the date of storm drain service termination.
(Code 1980, § 19.20.320; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
Any decision of the city engineer may be appealed to the city
manager. An appeal must be initiated within ten working days after
receipt of the notice of any decision or action by filing, with the
city engineer, a letter of appeal briefly stating therein the basis
for such appeal. The hearing on appeal shall be held on a date no
more than 15 working days after receipt of the letter of appeal. The
appellant shall be given at least five working days' notice of the
time and place of the hearing. The city manager, or the city manager's
designee, shall provide the appellant and any other interested party
the reasonable opportunity to be heard and in order to show cause
why the determination of city engineer should not be upheld. Within
45 working days of the hearing, the city manager, or the city manager's
designee, shall make a written decision regarding the appeal. The
decision of the city manager, or the city manager's designee, shall
be final. The imposition of fines or penalties shall be stayed during
the appeal period, unless the city engineer determines that such a
stay would threaten the public safety, health or welfare.
(Code 1980, § 19.20.330; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
Any person who damages monitoring equipment, has the potential
to affect or affects human health or the environment, discharges pollutants
into the city's storm drainage system which causes or has the potential
to cause increased maintenance of the system, nonroutine inspection
or sampling of the system, system blockages or other damage or interference
in the city's municipal separate storm sewer system, or causes any
other damages, including the imposition of fines or penalties on the
city by federal, state or local regulatory agencies, shall be liable
to the city for all damages and additional costs, including fines
and penalties. An administrative fee, which shall be fixed by the
city manager based on the city's current overhead cost allocation
percentage, shall be added to these charges and shall be payable to
the city within 30 calendar days of invoicing.
(Code 1980, § 19.20.340; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)