A.
For
the purpose of verifying compliance with this section, the Director
and/or the Director's designated representative may use samples collected
from any trench, sump, pipe or other device which directs or conveys
stormwater to the City storm drainage system. The above samples may
be collected at the source of discharge prior to the dilution with
any other streams.
B.
Whenever
necessary to make an inspection to enforce any of the provisions of
this article, or whenever an authorized enforcement officer 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
article, 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 obtain consent to enter; 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. When requesting
consent to enter a building or premises pursuant to this section,
the Enforcement Officer shall inform the property owner or occupant
that he or she has the right to refuse entry and that in the event
such entry is refused, issuance of an inspection warrant by a duly
authorized magistrate may be sought. If the owner and/or occupant
refuses entry after such request has been made, the officer is hereby
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 article, including, but not limited to, random sampling and/or
sampling in areas with evidence of stormwater contamination, illicit
discharges, discharge of nonstormwater to the stormwater system, or
similar factors.
D.
City
inspectors may, in the course of their inspection, photograph any
condition on the premises thought by the Inspector to possibly constitute
a violation of this chapter or any local, State, or Federal law and
any mechanism, apparatus, means or method thought to contribute to
or facilitate the suspected violation.
E.
Upon
the written request of the Environmental Protection Agency or State
or local government agencies charged with regulatory jurisdiction,
all photographs taken in accordance with this chapter shall be made
available to such agencies consistent with applicable law. Such photographs
may also be made available to the public or other nongovernmental
agencies unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the photographs should be considered
confidential in that, if released, they would divulge information,
processes, or methods of production entitled to protection as trade
secrets of the user.
F.
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 herein, 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.
G.
Any
authorized enforcement officer 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 officer may deem reasonably necessary to comply with
the purpose and intent of this chapter. The burden, including costs,
of these activities, analyses, and reports, incurred in complying
with said request shall be borne by the property owner or operator
of the facility or activity for which testing and monitoring has been
requested.
(Prior code § 7-837)
Any person who violates any provision of this article and/or
any provision of any permit issued pursuant to this article, or who
discharges waste or wastewater 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 penalties. Any enforcement action authorized and undertaken
pursuant to this chapter shall be accompanied by notice to the violator
that any remedies to which the City avails itself are to the extent
allowed by law, in addition to and not to the exclusion of any liability
imposed by or enforcement actions taken in accordance with any other
applicable Federal, State, or local laws.
(Prior code § 7-838)
If any person discharges pollutants into the City storm drainage
system contrary to the provisions of this chapter, Federal or State
pretreatment standards or requirements, or any order of the City or
any other local governmental agency having regulatory jurisdiction,
or otherwise commits any violation contrary to any of the provisions
of this chapter, the City Attorney may commence an action for appropriate
legal, equitable, or injunctive relief.
(Prior code § 7-839)
A.
In
addition to any other remedies provided in this chapter, any violation
of the provisions of this chapter may be enforced by civil action
brought by the City. In any such action, the City may seek any or
all of the following remedies:
1.
Injunctive
relief;
2.
Assessment
against the violator for the costs of any investigation, inspection,
or monitoring survey which led to the discovery of the violation,
and for the reasonable costs incurred in preparing and prosecuting
the legal action as a result of violations of this chapter;
3.
Recovery
for costs incurred in removing, correcting, terminating, or preventing
adverse effects resulting or likely to result from the violation;
4.
Compensatory
damages for loss or destruction to water quality, wildlife, fish,
and aquatic life; and/or
5.
Such
other relief as the court may authorize.
B.
Assessments
under this section 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.
(Prior code § 7-840)
A.
Any
person who violates any provision of this chapter, who discharges
or causes pollution, or who violates any cease and desist order, State
or national law or regulation, or any other order of the Director
shall be civilly liable to the City in a sum not to exceed $25,000.00
per violation per day. In addition, the City may require the user
to pay any excess costs to the system for supplementary treatment
systems, facilities, or operations needed as a result of allowing
the entry of such discharges into the stormwater system.
B.
The
City may petition the Superior Court of San Joaquin County to impose,
assess, and collect any sums levied pursuant to this chapter and Sections
54725, 54739, and 54740, et seq., of the California Government Code.
In determining the amount to be recovered, the court shall 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.
C.
Notwithstanding
any other provision of law, all civil penalties imposed by the Court
pursuant to this section shall be distributed to the City. Remedies
imposed pursuant to this section are in addition to and do not supersede
or limit any and all other administrative, civil, or criminal remedies
available at law.
(Prior code § 7-840.1)
A.
It
is unlawful for any person or entity to intentionally or negligently
fail to comply with or violate any provisions of this chapter or any
State or Federal regulation regulating stormwater discharge requirements
or standards issued pursuant to this chapter or by the State, Federal,
or other local governmental agency having jurisdictional authority
with regard to stormwater discharges.
B.
Unless
otherwise specified by this chapter, 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 may, at the discretion of the City
Attorney, be charged and prosecuted as an infraction.
(Prior code § 7-841)
A.
Upon
conviction of a misdemeanor, a person shall be subject to payment
of a fine, or imprisonment, or both, in accordance with the provisions
of California Government Code Section 36901.
B.
Upon
conviction of an infraction, a person shall be subject to payment
of a fine in accordance with the provisions of California Government
Code Section 36900.
(Prior code § 7-841.1)
A person, firm, corporation, or organization may 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.
(Prior code § 7-842)
It is unlawful to conceal a violation of this chapter. Any person
who causes, permits, aids, or abets the occurrence of a violation
of any provision of this chapter shall be deemed to have committed
the violation of concealment proscribed under this section. A violation
of this section shall constitute a misdemeanor.
(Prior code § 7-843)
A.
In
addition to the penalties hereinbefore provided, any condition caused
or permitted to exist in violation of any of the provisions of this
article is hereby deemed a threat to the public health, safety, and
welfare, and is hereby declared to be a public nuisance, and may be
abated and/or restored by the City Attorney initiating a civil action
in a court of competent jurisdiction and obtaining a court order authorizing
the City to abate, enjoin, or otherwise compel the cessation of such
nuisance.
B.
Where
a court order authorizing the City to abate the public nuisance has
been issued and the City incurs costs in carrying out such abatement,
the cost of such abatement shall be borne by the owner of the property
and the cost thereof shall be invoiced to the owner of the property.
If the invoice is not paid within 60 days, a lien may be placed upon
and against the property.
C.
If
the City prevails in any administrative, civil, or criminal proceeding
initiated under this chapter, the City shall be entitled to seek reimbursement
for all costs incurred in connection with said proceeding. Such reimbursable
costs may include, but is not limited to, the costs of investigation,
administrative overhead, out-of-pocket expenses, costs of administrative
hearings, costs of suit, and reasonable attorney fees.
(Prior code § 7-844)
A.
Duly
authorized peace officers for the City shall have and are hereby vested
with the authority to arrest or cite and release in the manner provided
by California Penal Code Section 849 any person who violates the provisions
of this chapter.
B.
It
is the intent of the City Council that the immunities prescribed in
Section 836.5 of the Penal Code which apply to public officers or
employees in the discharge of their duties within the course and scope
of their employment shall apply to all actions taken by said public
officers or other City employees in discharging their duties in accordance
with this chapter.
(Prior code § 7-845)
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:
A.
Cease
and Desist Orders. 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 the practices or operations likely to cause such
discharge and may direct that persons responsible for such discharge,
practices, or operations:
B.
Notice
to Clean. 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 the City storm
drainage system or a nonstormwater discharge to the City storm drainage
system, he or she may give written notice to the owner, operator,
or other person having legal responsibility for the premises or facility
to remove such oil, earth dirt, grass, weeds, dead trees, tin cans,
rubbish, refuse, waste, or other material. The Enforcement Officer
shall specify in said notice the time allotted for compliance and
the recipient of such notice shall undertake the activities necessary
to abate said condition within the period of time specified. In the
event the owner or operator of a facility fails to conduct the required
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 60 days, a lien may be placed upon
and against, the property.
(Prior code § 7-846)
A.
The
City may issue an administrative complaint to any person who violates
any requirement adopted or ordered by the City pursuant to this chapter.
The administrative complaint shall allege, with particularity, the
act or failure to act that constitutes the violation, the section
of the Stockton Municipal Code violated, and the proposed civil penalty,
and shall be served by personal delivery or certified mail on the
person subject to the discharge requirements. In addition, the administrative
complaint shall inform the person served that a hearing before a Hearing
Officer, as designated by the City Council, shall be conducted within
60 days after the person has been served. The person served may waive
the right to a hearing, in which case the City shall not conduct a
hearing.
B.
A person
dissatisfied with the decision of the Hearing Officer may appeal directly
to the City Manager within 30 days of notice of the Hearing Officer's
decision. If after the hearing or appeal, if any, it is found that
the person served has violated reporting or discharge requirements,
the Hearing Officer may assess a civil penalty against the person
or, in the case of an appeal to the City Manager or the City Manager's
designee, the City Manager or the City Manager's designee may affirm
or modify the amount of penalties previously assessed. In determining
the amount of the civil penalty, the Hearing Officer or City Manager
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
occurred, and any remedial action attempted or taken by the discharger.
Penalties imposed by the local agency pursuant to this section shall
be assessed in accordance with Government Code Section 54740.5.
C.
When
civil penalties imposed pursuant to this section have remained delinquent
for a period of 60 days from the date assessed, a lien may be placed
against the real property from which the discharge originated and
which resulted in the imposition of the civil penalty. The lien provided
herein shall have no force and effect until recorded on the property
tax rolls on file and maintained by the San Joaquin County Recorder
and when recorded shall have the force and effect in priority of a
judgment lien. The lien shall be renewable in accordance with the
provisions of Sections 683.110 to 683.220, inclusive, of the California
Code of Civil Procedure. All moneys received pursuant to this chapter
shall be deposited in a separate account of the City and shall be
made available for the monitoring, treatment, and control of discharges
into the City stormwater system or for other stormwater pollution
mitigation measures.
D.
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 Sections 1285 to 1287.6,
inclusive, of the California Code of Civil Procedure.
E.
Unless
appealed, orders setting administrative penalties shall become effective
and final upon issuance thereof and payment shall be made within 30
days. Copies of these orders shall be served by personal service or
by registered or certified mail upon the party served with the administrative
complaint and upon other persons who appeared at the hearing and requested
a copy. Any party aggrieved by a final order issued by the City Manager
pursuant to this chapter may obtain review of the order in the Superior
Court by filing in the court a petition for writ of mandate within
30 days following the service of a copy of the decision and order
issued by the City Manager. If no aggrieved party petitions for writ
of mandate within the time specified above, an order of the City Manager
or Hearing Officer shall not be subject to review by any court or
agency pursuant to Section 54740.6 of the California Government Code.
(Prior code § 7-846.1)
A.
Any
person, firm, corporation, or organization affected by a decision,
action, or determination, including suspension, revocation, refusal,
termination, or cease and desist orders, issued by the Director, interpreting
or implementing the provisions of this chapter or in any permit issued
herein, may file with the Director a written request for reconsideration
within 10 days of such decision, action, or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
(Prior code § 7-847)
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.
(Prior code § 7-848)
A.
The
Director of the Municipal Utilities Department may order the abatement
of any discharge from any source to the City storm drainage system
when, in the opinion of the Director or the Director's designated
representative, the discharge causes or threatens to cause a condition
which presents an imminent danger to the public health, safety, welfare,
or the environment or a violation of the City's NPDES permit or the
Stockton Municipal Code.
B.
Said
situation shall be abated by service of a notice and order to abate
upon the person responsible for said discharge or the owner of said
building or property. Said notice and order shall set forth the time
period for abatement of the conditions and it shall be unlawful for
any person so notified to fail to obey or correct such conditions
within the time period specified in the order.
C.
If
said situation is not abated within the specified time period, the
City may perform or cause to be performed such work as shall be necessary
to attain proper abatement. In emergency situations, where the property
owner or occupant is unavailable and time constraints are such that
service of a notice and order to abate can not be affected without
presenting an immediate danger to the public health or safety, the
City may perform or cause to be performed such work as shall be necessary
to abate the threat of danger to the public.
D.
Any
cost incurred by the City incidental to such work shall be an assessment
upon the property or premises affected and shall be collected on the
tax rolls in the same manner, by the same person, and at the same
time together with or not separate from the general taxes. The Director
shall follow the procedures for having said charges collected with
the general taxes.
E.
Any
person alleging to have been aggrieved by any emergency action taken
by the City pursuant to this section may appeal the propriety of the
City's action by filing a written notice of appeal with the Director
of Municipal Utilities Department within 15 days of the emergency
abatement. Thereafter, said persons may file an appeal directly to
the City Manager to be heard by the City Manager or the City Manager's
designee. The City Manager shall fix the date, time, and place of
the hearing of said appeal, not to exceed 60 days from the filing
of the appeal, and shall cause the Municipal Utilities Director to
send notice of the hearing to the aggrieved party. The City Manager
shall have no obligation to hear any request for appeal filed in excess
of 30 days following the denial of the appeal by the Municipal Utilities
Director.
(Prior code § 7-849)
The Director or the Director's designated representative may
respond to violations of this chapter through development of an Enforcement
Response Plan "ERP" and place it on file with the City Department
of Municipal Utilities, 2500 Navy Drive, Stockton, California 95206.
(Prior code § 7-850)
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.
(Prior code § 7-851)
The degree of protection required by this article 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 article does not imply that
compliance will ensure that there will be no unauthorized discharge
of pollutants into the waters of the United States. This article shall
not create liability on the part of the City or any officer or employee
thereof for any damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(Prior code § 7-852)
