This chapter shall be known as the “City of South San Francisco Stormwater Management and Discharge Control Ordinance” and may be so cited.
(Ord. 1145 § 2, 1994)
The purpose of this chapter is to ensure the future health, safety and general welfare of the city of South San Francisco citizens by:
(a)
Eliminating nonstormwater discharges to the municipal separate storm sewer;
(b)
Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than stormwater;
(c)
Reducing pollutants in stormwater discharges to the maximum extent practicable.
The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act. |
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
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 NPDES Permit No. CAS612008 and any amendment, revision or reissuance thereof.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the Stormwater Discharge Permitting Program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant and stormwater.
These terms presently are defined as follows:
means when used in this chapter, the following city officials are authorized enforcement officials: director of public works; director of economic and community development; fire chief; chief building official; city engineer; assistant fire chief; fire marshal; assistant fire marshal; superintendent of water quality control plant and their authorized designees.
means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to “waters of the United “States.” BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
means the city of South San Francisco.
means and includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR Section 122.2.
means constructing, clearing, grading, or excavation that results in soil disturbance or has the outside exposure of construction material that has the potential to discharge to the storm drain system. Construction also includes structure demolition. Construction does not include interior remodeling with no outside exposure of construction material or construction waste to stormwater or mechanical permit work.
when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the storm drain system from an activity or operation. When used as a noun, “discharge” means the pollutants, stormwater and/or non-stormwater that are discharged.
means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering stormwater or the storm drain system. Discharger also means the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
means any materials removed from the ground or waterway that are taken by dredging or other equipment processes to be repositioned. “Illicit discharge” means any discharge to the city storm sewer system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities.
means any discharge that is not entirely composed of stormwater.
means, National Pollutant Discharge Elimination System (NPDES) Permit for the discharge of stormwater runoff from the Municipal Separate Storm Sewer Systems (MS4s). It is also referred to as the Municipal Regional Permit or (MRP).
means, the most current NPDES permit issued October 14, 2009 by the State Regional Water Quality Control Board. It includes any revisions, extensions, changes, modifications or amendments, adjustments, alterations, changes or corrections to the original permit.
means dredged spoils, solid waste, incinerator residue, filter backwash, sewage and wastewater, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water (140 C.F.R. 122.21).
means any building lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
means land-disturbing activity which results in the creation, addition, or replacement of impervious surface area on an already developed site. Redevelopment includes, but is not limited to, the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces.
means a project, development, or site improvement that requires a building permit, grading permit, or encroachment permit or that would be subject to these regulations and those of the NPDES discharge requirements.
means stormwater runoff, snow melt runoff, and surface runoff and drainage.
means exterior or interior surfaces including, but not limited to, walls, windows or roof, top crowns, lids or coverings, peripheral, face, shell, skin, veneer, façade, facing, frontage sidewalks, walkways, paths, trails, lanes, alleyways, corridor passageways, driveways, entrance ways, access strips, doors or any other surface on the interior or exterior.
means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
This chapter shall be administered for the city by the director of public works. Where storm drain facilities and/or watercourses have been accepted for maintenance by the San Mateo County Flood Control and Water Conservation District or other public agency legally responsible for certain watercourses, then the responsibility for enforcing the provisions of this chapter may be assigned to such agency, through contract or agreement executed by the city and such agency, with respect to those watercourses for which they have accepted maintenance.
(Ord. 1145 § 2, 1994)
Pursuant to the provisions of Health and Safety Code Section 5471 the city establishes a system of charges for its stormwater drainage system. For the purposes of such system of charges “assessment roll” means the roll upon which general taxes of the city are collected and “annual real property tax statement” means the annual tax statement issued by the county of San Mateo.
(Ord. 1145 § 2, 1994)
The charges for services furnished by the city may be based upon the class of use or area of parcels as determined by resolution of the city council adopted by a four-fifths vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the city council.
(Ord. 1145 § 2, 1994)
All stormwater charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all provided for by Health and Safety Code Section 5473.5 et seq.
(Ord. 1145 § 2, 1994)
The city may, upon a proper showing and upon the city council’s making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of stormwater charges to the city rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection.
(Ord. 1145 § 2, 1994)
Annually, on or before the first day of July, it is the duty of the finance director to file with the city clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given notice by publication, in accord with Government Code Section 6066.
(Ord. 1145 § 2, 1994)
On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk’s signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots of parcels of land as they appear on the then current assessment roll based upon detailed data provided by the city.
(Ord. 1145 §2, 1994)
In accordance with the Health and Safety Code Section 5473.5 et seq., the amount of the charges shall constitute a lien against the lot or parcel of land against which the charges have been imposed. The amount shall be included on bills for taxes and shall be subject to all laws applicable to the levy, collection and enforcement of general taxes, including, but not limited to, those pertaining to delinquency, correction, cancellation, refund and redemption.
(Ord. 1145 § 2, 1994)
The city may adopt fees to provide for the recovery of costs from users of the stormwater system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city’s master fee schedule.
(Ord. 1145 § 2, 1994)
Stormwater treatment requirements as specified in NPDES Permit No. CAS612008 are mandated for certain categories of new and redevelopment projects based upon the amount of impervious area created, added or replaced by a project. Stormwater treatment requirements shall apply to the following types of projects: development and redevelopment projects, special land use categories, road projects and required site design measures for small projects and single family homes as determined by the director of public works or designee. Treatment BMPs for regulated projects shall incorporate hydraulic sizing design criteria as specified in NPDES Permit No. CAS612008, to treat stormwater runoff.
(Ord. 1463 § 1, 2013)
All new development and redevelopment projects subject to planning, building development or other comparable reviews by the city, but not meeting the definition of a regulated project are encouraged to include adequate site design measures that include minimizing land disturbance and impervious surfaces. These may include clustering of structures and pavement, directing roof runoff to vegetated areas, use of micro-detention, including distributed landscaped-based detention of stormwater, preservation of open space and/or restoration of riparian areas or wetland as project amenities.
(Ord. 1463 § 1, 2013)
The director of public works or designee shall require each regulated project to implement at least the following design strategies on-site:
(a)
Limit disturbance of natural water bodies and drainage systems; minimize compaction of highly permeable soils; protect slopes and channels; and minimize impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies;
(b)
Conserve natural areas, including existing trees, other vegetation, and soils;
(c)
Minimize impervious surfaces;
(d)
Minimize disturbances to natural drainages; and
(e)
Minimize stormwater runoff by implementing one or more of the following site design measures:
(1)
Direct roof runoff into cisterns or rain barrels for reuse.
(2)
Direct roof runoff onto vegetated areas.
(3)
Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.
(4)
Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.
(5)
Construct sidewalks, walkways, and/or patios with permeable surfaces.
(6)
Construct driveways, bike lanes, and/or uncovered parking lots with permeable surfaces.
(Ord. 1463 §1, 2013)
The purpose of LID is to reduce runoff and mimic a site’s predevelopment hydrology by implementing specific practices to control sources of potential pollution and site design strategies to treat stormwater. All regulated projects shall implement LID requirements as specified in NPDES Permit No. CAS612008.
(Ord. 1463 § 1, 2013)
Whenever an authorized enforcement official finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in the discharge of pollutants to stormwater or to the storm drain system, the official may require by written notice to the owner or responsible person that the pollution be remediated and the affected property restored within a specified time. The steps for remediation will follow the requirements and timelines set forth in the city’s Enforcement Response Plan for Industrial and Commercial Site Controls, Illicit Discharge Detection and Elimination and Construction Site Control.
(Ord. 1463 § 1, 2013)
(a)
It is a violation of this code for any land owner to fail to properly operate and maintain any approved stormwater treatment facilities, and/or source control best management practices on the owner’s property.
(b)
It is a further violation for any land owner to fail to follow any stormwater management plan submitted and approved by city unless a modification to the plan is approved in writing by the authorized enforcement official and such modification is thereafter recorded in the same manner as the original agreement.
(Ord. 1463 § 1, 2013)
The discharge of nonstormwater discharges to the city storm sewer system is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge other than NPDES Permit No. CAS612008.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
The following discharges are exempt from the prohibition set forth in Section 14.04.060 above.
(a)
The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit 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 BMPs as stated in NPDES Permit No. CAS612008: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and any other exempted or conditionally exempted discharge in accordance with NPDES Permit No. CAS612008 or any amendment, revision or reissuance thereof.
(c)
Exemptions Not Absolute. Any discharge in this section that is a significant source of pollutants or can cause significant pollution to waters of the United States shall be prohibited from entering the storm drain system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in the discharge to the maximum extent practicable. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. The schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any discharge into the stormwater collection system that would result in or contribute to a violation of NPDES Permit No. CAS612008, a copy of which is filed in the office of the city clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, 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.
(a)
Specific Prohibitions. Prohibit the discharge of wastewater to storm drains generated from the installation, cleaning, treating, and washing of the surface of copper architectural features, including copper roofs to storm drains.
(b)
Prohibit discharges to storm drains from pools, spas, and fountains that contain copper based chemicals.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
It is prohibited to establish, use, maintain or continue illicit drainage connections to the city storm sewer system, and to commence or continue any illicit discharges to the city storm sewer system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.
(Ord. 1145 § 2, 1994)
Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply.
(a)
Littering. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage 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 lot of land in the city, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.
Lids shall be kept closed on waste containers including dumpsters, trash cans, grease, tallow, and fry oil containers and other refuse receptacles during storage, except when it is necessary to add or remove waste. Waste containers shall be kept in good working order; they must not leak or cause spillage and have tight fitting covers that can be secured to prevent opening by wind or other acts of nature.
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.
(b)
All discharges of sanitary sewage and/or grey water or any mixtures thereof from recreational vehicles, mobile food vehicles, mobile food carts, motor homes, campers, trailers, etc. must be discharged to the sanitary sewer system.
(c)
Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures or surfaces as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm sewer system.
(d)
BMPs for New Developments and Redevelopments. All construction sites in the city shall implement year round effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and nonstormwater management through all phases of construction (including, but not limited to, site grading, building and finishing of lots) until the site is stabilized by landscaping or the installation of permanent erosion control measures. The director of public works may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.
(e)
Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the California Regional Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.
Each discharger identified in an individual NPDES or State General Construction Notice of Intent (NOI) permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.
(f)
Compliance with BMPs. 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 to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater 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 of public works. All wash waters from surface cleaning shall be disposed of into the sanitary sewer system or into suitable landscaping.
(g)
Source control measures for all new development and redevelopment projects that are subject to planning, building, development or other comparable review. These source control measures shall be included on regulated projects consistent with the NPDES permit:
(1)
Storm drain stenciling—No Dumping-Flows to Bay.
(2)
Landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers and incorporates appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping.
(3)
Appropriate covers, drains and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays and fueling areas.
(4)
Covered trash, food waste, and compactor enclosures.
(5)
Plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards:
(A)
Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants.
(B)
Dumpster drips from covered trash and food compactor enclosures.
(C)
Discharges from outdoor covered wash areas for vehicles, equipment and accessories.
(D)
Swimming pool water, if discharge to onsite vegetated areas is not a feasible option.
(E)
Air conditioning condensate, if discharge to onsite vegetated areas is not a feasible option.
(F)
Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
No person shall permit or cause to be committed any of the following acts, unless a written permit has first been obtained from the director of public works.
(a)
Discharge into or connect any pipe or channel to a watercourse;
(b)
Modify the natural flow of water in a watercourse;
(c)
Carry out development within thirty feet of the center line of any creek or twenty feet of the top of a bank;
(d)
Deposit in, plant in, or remove any material from a watercourse including the banks, except as required for necessary maintenance;
(e)
Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or
(f)
Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.
(Ord. 1145 § 2, 1994)
The city shall inspect, when deemed necessary, the facilities and property of any user to ascertain whether the purpose of this chapter is being met and all requirements are in compliance. The official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that: (a) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (b) 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.
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 hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
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: inspection, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the stormwater system, records examination and copying, or similar factors.
(a)
Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite.
(b)
Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the city storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city of the occurrence by telephoning 911 and confirming the notification by correspondence to the South San Francisco Water Quality Control Plant.
(c)
Requirement to Test or Monitor. 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 stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official 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 benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any person violating or failing to comply with any of the following provisions of this chapter shall be guilty of a misdemeanor, which shall be enforced and punishable in the manner prescribed by the Penal Code and the Government Code of the state of California or abated as a nuisance herein.
(Ord. 1145 § 2, 1994)
(a)
If stormwater charges are delinquent for a period of sixty days, a penalty of ten percent of the amount owed for delinquent stormwater charges shall be imposed. If stormwater charges are delinquent for a period of one hundred twenty days, an additional penalty of one and one-half percent per month shall be paid.
(b)
Any person violating a provision of this chapter failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code. After a third conviction for a violation of the same provision any subsequent violations within a twelve-month period may be charged as a misdemeanor.
(c)
Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.
(d)
Violations of this chapter shall be enforced as follows:
(1)
For the first violation, the director of public works or designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice or notice of violation to the discharger specifying the violation and the appropriate penalties in the event of future violations; or, depending on the severity of the violation, may apply a fine for the initial violation. Severity of the violation will consider the amount of gallons discharged, the toxicity of such discharge, and/or intent to discharge versus accidental discharges.
(2)
Thereafter, the following penalties shall apply:
(A)
A fine of one hundred dollars for the first violation following the issuance of a warning notice or notice of violation;
(B)
A fine of two hundred dollars for the second violation that occurs following the issuance of a warning notice or notice of violation;
(C)
A fine of five hundred dollars for the third violation that occurs following the issuance of a warning notice or notice of violation;
(D)
Fines are cumulative and each day that a violation occurs shall constitute a separate violation.
(3)
Additional enforcement as deemed necessary shall follow the elements listed in the Enforcement Response Plan.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
(Ord. 1145 § 2, 1994)
Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or waste water which causes pollution, or who violates any cease and desist order, prohibition or effluent limitation, may also 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. 1145 § 2, 1994)
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 is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.
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 official 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.
If any violation of this chapter constitutes a seasonal and recurrent nuisance the city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(Ord. 1145 § 2, 1994)
The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.
(Ord. 1145 § 2, 1994)
(a)
Stormwater Project Coordinator. Any discharger affected by any decision, action or determination, including assessments and abatement orders, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the stormwater project coordinator a written request for review of such decision, action or determination, setting forth in detail the facts supporting the request no later than thirty days after the date of the decision, action or determination. The stormwater project coordinator shall complete the review and issue a written determination within ten days after receipt of the request, unless the director of public works or designee reasonably extends the time thereof.
(b)
Written Appeal to Director of Public Works or Designee. The stormwater project coordinator’s original decision, action of determination, and action taken after review may be appealed to the director of public works or designee by the discharger affected by filing a written appeal with the director of public works or designee within ten days after the notice of the decision of the stormwater project coordinator. The writ-ten appeal shall specify what is being appealed and state all pertinent aspects of the matter. Within thirty days after the written appeal is filed, the director of public works or designee shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation.
(1)
At the time and place designated in the notice, the director of public services or designee shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time.
(2)
Within ten days after the conclusion of the hearing, the director of public works or designee shall render a written decision and where applicable an order of abatement. This decision shall set forth the factual findings made by the director of public works, the conclusion reached, any abatement or adjustment in assessments required and the date by which such abatement shall occur.
(3)
A successful appeal by the applicant, with respect to the correction of stormwater charges, requires the applicant to pay the charges as billed in total. The city will then reimburse the taxpayer for any overpayments.
(c)
Written Appeal to the City Council. Any person shall have a right to appeal any determination made pursuant to any authority provided by this code, to the city council, in order to exhaust administrative remedies, by filing with the city clerk a written notice of such appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 1.28 of this code.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies.
(a)
A temporary and/or permanent injunction;
(b)
Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;
(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. 1145 § 2, 1994)
In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies.
(a)
Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official 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: (1) comply with the requirement; (2) comply with the time schedule for compliance; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.
(b)
Notice to Clean. Whenever an authorized enforcement official 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 the city storm sewer system, 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.
(Ord. 1145 § 2, 1994)
Authorized enforcement officials shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c and 5d of Title 3, Part 2 of the Penal Code or as the same may be hereinafter amended.
Such authorized enforcement officials 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.
Bail for infractions shall be as set by resolution of the city council.
(Ord. 1145 § 2, 1994)
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. 1145 § 2, 1994)
The first revision of the business plan for any facility subject to the city’s hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable.
(Ord. 1145 § 2, 1994)