A.
The
United States Congress passed the Clean Water Act 33 USC Section 1251
et seq., as amended, including Section 402(p) therein as a mandate,
in part, that municipal separate storm sewer systems, such as in Orange
County, obtain permits to "effectively prohibit non-stormwater discharges
into the storm sewers" and "require controls to reduce the discharge
of pollutants to the maximum extent practicable." This permitting
authority has been delegated by the United States Environmental Protection
Agency ("EPA") to the State of California, which has authorized the
State Water Resources Control Board and its local regulatory agencies,
the Regional Water Quality Control Boards, to control non-point source
discharges to California's waterways.
B.
The
Santa Ana and San Diego Regional Water Quality Control Boards have
addressed the obligation to implement the Clean Water Act by issuing
waste discharge requirements governing stormwater runoff for the County
of Orange, Orange County Flood Control District and the incorporated
cities of Orange County. These permits shall be referred to collectively
herein as the National Pollution Discharge Elimination System Permit
or "NPDES Permit."
C.
The
City of Huntington Beach has adopted and amended this chapter to comply
with the Municipal Separate Storm Sewer System permit ("MS4 permit")
the California Water Quality Control Board-Santa Ana Region issued
Orange County. The MS4 permit requires the City to demonstrate through
ordinances the necessary legal authority to enforce prohibited discharges
to the storm drain that would have a negative impact on the water
quality and aesthetic value of downstream receiving water bodies such
as the Santa River and the Pacific Ocean.
D.
Stormwater
runoff is one step in the natural cycle of water. However, human activities,
such as agriculture, construction and the operation and maintenance
of an urban infrastructure may result in undesirable discharges of
pollutants and certain sediments, which may accumulate in local drainage
channels and waterways and eventually may be deposited in the waters
of the United States.
E.
The
purpose of this chapter is to participate in the improvement of water
quality and comply with federal requirements for the control of urban
pollutants to stormwater runoff, which enters the network of storm
drains throughout Orange County.
(3364-8/97, 4206-7/20)
shall mean the Director of Public Works, the Fire Chief and
the Director of Community Development, and persons designated by and
under his or her instruction and supervision, who are assigned to
investigate compliance with, detect violations of, and/or take actions
pursuant to this chapter.
shall mean schedules of activities, pollution treatment practices
or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures,
and other management practices or devices to prevent or reduce the
discharge of pollutants directly or indirectly to stormwater, receiving
waters, or the stormwater drainage system. Best Management Practices
also include, but are not limited to, treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
Best Management Practices may include any type of pollution prevention
and pollution control measure that can help achieve compliance with
this chapter.
shall mean the City of Huntington Beach, Orange County, California.
shall mean the City Attorney of the City of Huntington Beach
and his or her designee, which counsel is authorized to take enforcement
action as described herein. For purposes of criminal prosecution,
only the City Attorney, or his or her designee, shall act as the City
Attorney.
shall mean the County of Orange, the Orange County Flood
Control District, and/or any one of the 31 municipalities, including
the City of Huntington Beach, which are responsible for compliance
with the terms of the NPDES Permit.
shall mean the Orange County Drainage Area Management Plan,
as the same may be amended from time to time.
shall mean DAMP Chapter VII and the appendix thereto, entitled Best Management Practices for New Development Including Nonresidential
Construction Projects, as the same may be amended from time
to time.
shall mean any release, spill, leak, pump, flow, escape,
leaching (including subsurface migration or deposition to groundwater),
dumping or disposal of any liquid, semi-solid or solid substance.
shall mean the group of activities not restricted or prohibited
by this chapter, including only:
Discharges composed entirely of stormwater;
Discharges subject to regulation under current EPA or Regional
Water Quality Control board issued NPDES permits, State General Permits,
or other waivers, permits or approvals granted by an appropriate government
agency;
Emergency firefighting flows (i.e., flows necessary for the
protection of life and property). Where reasonably feasible, however,
and without interfering with health and safety, the use of BMPs should
be considered;
Diverted stream flows, flows from riparian habitats and wetlands,
rising groundwater, and de minimis ground water infiltration
to the stormwater drainage system (from leaks in joints or connections
or cracks in water drainage pipes or conveyance systems);
Dechlorinated swimming pool discharges, dechlorinated to a concentration
of 0.1 ppm or less, pH adjusted and reoxygenated if necessary, and
volumetrically and velocity controlled to prevent causing hydrologic
conditions of concern in receiving waters (cleaning wastewater and
filter backlash discharges, however are prohibited).
Discharges to the stormwater drainage system from passive foundation
drains, air conditioning condensation, water from crawl space pumps,
passive footing drains, non-commercial vehicle washing;
Discharges of waters not otherwise containing waste as defined
in California Water Code Section 13050(d);
Discharges from portable water sources, including water line
flushing, super-chlorinated water line flushing, fire hydrant system
flushing, and pipeline hydrostatic test water: Planned discharges
shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted
if necessary, and volumetrically and velocity controlled to prevent
causing hydrologic conditions of concern in receiving waters. pH must
be no less than 6.5 and no greater than 8.6;
Other types of discharges identified and recommended by the
permittees and approved by the Santa Ana Regional Water Quality Control
Board.
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In any action taken to enforce this chapter, the burden shall
be on the person who is the subject of such action to establish that
a discharge was within the scope of this discharge exception.
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shall mean the Environmental Protection Agency of the United
States.
shall mean very small particles suspended in the air, the
source of which is primarily the earth's soil but can include dust
generated from cutting stone and concrete.
shall mean the Director of Public Works, Planning Director,
Fire Chief or Director of Building and Safety, or his or her designee,
who shall preside at the administrative hearings authorized by this
chapter and issue final decisions on the matters raised therein (or)
shall mean the appeals board established by separate resolution of
the City Council, which shall preside at the administrative hearings
authorized by this chapter and issue final decisions on the matters
raised therein.
shall mean any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant
to the stormwater drainage system occurs or may occur. The term "illicit
connection" shall not include legal nonconforming connections or connections
to the stormwater drainage system that are hereinafter authorized
by the agency with jurisdiction over the system at the location at
which the connection is made.
shall mean, but is not limited to, exigent circumstances
created by the dispersal of pollutants, which present a significant
and immediate threat to the public safety or the environment.
shall mean the actual costs and expenses of the City of Huntington
Beach, including but not limited to administrative overhead, salaries
and other expenses recoverable under state law, incurred during any
inspection conducted pursuant to this chapter or where a notice of
noncompliance, administrative compliance order or other enforcement
option under this chapter is utilized to obtain compliance with this
chapter.
shall mean connections to the stormwater drainage system
existing as of the adoption of this chapter that were in compliance
with all federal, state and local rules, regulations, statutes and
administrative requirements in effect at the time the connection was
established, including but not limited to any discharge permitted
pursuant to the terms and conditions of an individual discharge permit
issued pursuant to the industrial waste ordinance, County Ordinance
No. 703.
shall mean all public and private residential (whether single-family,
multi-unit or planned unit development), industrial, commercial, retail,
and other nonresidential construction projects, or grading for future
construction, for which either a discretionary land use approval,
grading permit, building permit or nonresidential plumbing permit
is required.
shall mean a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids other
than stormwater, potable water, reclaimed water or domestic sewage.
shall mean the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region
(and/or the Regional Water Quality Control Board, San Diego Region,
as appropriate), which permit(s) establishes waste discharge requirements
applicable to stormwater runoff in the City of Huntington Beach.
shall mean any discharge permitted as a discharge exemption
but identified by the authorized inspector as a nuisance and a threat
to water quality, either due to the nature of the discharge, volume
of the discharge, and/or potential negative impact to the receiving
water body.
shall mean any natural person as well as any corporation,
partnership, government entity or subdivision, trust, estate, cooperative
association, joint venture, business entity, or other similar entity,
or the agent, employee or representative of any of the above.
shall mean any liquid, solid or semi-solid substances, or
combination thereof, including, and not limited to:
Trash and debris, (such as, but not limited to, floatable plastics,
wood products or metal shavings).
Domestic sewage.
Sediment due to construction or landscaping activities or due
to lack of effective erosion and sediment controls.
Metals and non-metals, including compounds of metals and non-metals
(such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,
phosphorus and arsenic) with characteristics which cause an adverse
effect on living organisms.
Petroleum and related hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants and grease).
Animal waste and wash-water resulting from cleaning activities
to areas affected by animal wastes (such as discharge from confinement
facilities, kennels, pens and recreational facilities, including,
stables, show facilities, or polo fields).
Substances having a pH less than 6.5 or greater than 8.6, or
unusual coloration, turbidity or odor.
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants and glues; use of lime; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use
of concrete detergents; steam cleaning or sand blasting; use of chemical
degreasing or diluting agents; and use of super chlorinated water
for portable water line flushing).
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon.
Materials which contain base/neutral or acid extractable organic
compounds.
Those pollutants defined in Section 1362(6) of the Federal Clean
Water Act.
Any other constituent or material, including, but not limited
to, pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus
or enterococcus, or eroded soils, sediment and particulate materials,
in quantities that will interfere with or adversely affect the beneficial
uses of the receiving waters, flora or fauna of the City and State.
Washwater resulting from cleaning activities of outdoor surfaces
such as patios, sidewalks, walkways, building exteriors, balconies,
roofs, windows and decks.
Discharge resulting from cleaning activities, repair, or maintenance
of any type of equipment, machinery, or facility, including, but not
limited to, motor vehicles, concrete mixing equipment, portable toilet
servicing, etc.
Washwater from mobile auto detailing and washing, steam and
pressure cleaning, carpet cleaning, and other such commercial and
industrial mobile washing activities.
Water from cleaning of municipal, industrial, and commercial
facilities, locations and area, including, but not limited to, parking
lots, streets, sidewalks, driveways, patios, refuse enclosures, plazas,
work yards, and outdoor eating or drinking areas, etc.
Runoff from material storage areas including, but not limited
to, receptacles that contain chemicals, fuels, grease, oil, hazardous
materials, food waste, and trash/debris.
Non-stormwater discharges defined as Discharge Exception but
identified by the authorized inspector as a nuisance due to the nature
of the discharge, volume of the discharge, and/or potential negative
impact to quality.
Discharges of pool or fountain water containing chlorine, biocides,
or other chemicals; pool filter backwash containing debris and chlorine.
Food service establishment or food processing facility wastes
including, but not limited to, food waste, grease oil, washwater from
floor mat, equipment, and trash enclosure cleaning activities, etc.
Fugitive dust.
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Any pollutant which is duplicative of another shall not be construed
to exclude either item, as the same pollutant may be described more
than one time.
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shall mean any discharge which contains any pollutant, from
public or private property:
The stormwater drainage system;
Any upstream flow, which is tributary to stormwater drainage
systems;
Any groundwater, river, stream, creek, wash or dry weather arroyo,
wetlands area, marsh, coastal slough; or
Any coastal harbor, bay or the Pacific Ocean.
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The term "prohibited discharge" shall not include discharges
allowable under the discharge exception unless declared a nuisance
by City staff.
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shall mean a "water of the United States" within the scope
of the California Water Code, including, but not limited to, natural
streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal
pools, lagoons, estuaries, bays, the Pacific Ocean and groundwater.
shall mean the rehabilitation or reconstruction of public
or private residential (whether single-family, multi-unit or planned
unit development), industrial, commercial, retail, or other nonresidential
structures, for which either a discretionary land use approval, grading
permit, building permit or nonresidential plumbing permit is required.
shall mean either the State Industrial General Permit or
the State Construction General Permit and the terms and requirements
of either or both. In the event the U.S. Environmental Protection
Agency ("EPA") revokes the in-lieu permitting authority of the State
Water Resources Control Board, then the term "State General Permit"
shall also refer to any EPA administered stormwater control program
for industrial and construction activities.
shall mean street gutter, channel, storm drain, constructed
drain, lined diversion structure, wash area, inlet, outlet or other
facility, which is a part of or tributary to the Countywide storm
water runoff system and owned, operated, maintained or controlled
by the City, the County of Orange, the Orange County Flood Control
District, or any co-permittee city, and used for the purpose of collecting,
storing, transporting, or disposing of stormwater.
(3364-8/97, 3620-12/03, 4206-7/20)
A.
No
person shall:
1.
Construct,
maintain, operate and/or utilize any illicit connection.
2.
Cause,
allow or facilitate any prohibited discharge.
3.
Act,
cause, permit or suffer any agent, employee, or independent contractor,
to construct, maintain, operate or utilize any illicit connection,
or cause, allow or facilitate any prohibited discharge.
B.
No
person shall cause, facilitate or contribute to a discharge into the
stormwater drainage system, or into an area or in a manner that will
result in a discharge into the stormwater drainage system of:
1.
Any
substance causing, or threatening to cause, a condition of pollution,
contamination, or a nuisance, as that term is defined in Section 13050
of the California Water Code.
2.
Any
substance causing or contributing to an exceedance of any water quality
standard for surface water or groundwater.
C.
The
prohibition against illicit connections shall apply irrespective of
whether the illicit connection was established prior to the date of
enactment of this chapter; however, legal nonconforming connections
shall not become illicit connections until the earlier of the following:
1.
For
all structural improvements to property installed for the purpose
of discharge to the stormwater conveyance system, the expiration of
five years from the adoption or amendment of this chapter establishing
the new standard.
2.
For
all nonstructural improvements to property existing for the purpose
of discharge to the stormwater conveyance system, the expiration of
six months following delivery of a notice to the owner or occupant
of the property, which states a legal nonconforming connection has
been identified. The notice of a legal nonconforming connection shall
state the date of expiration of the use under this chapter.
D.
A civil or administrative violation of Section 14.25.030 shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
E.
If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such discharge shall constitute a violation of Section 14.25.030.
F.
The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 14.25.060 for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the Director of Public Works or City Engineer, upon consideration of the following factors:
1.
The
potential adverse effects of the continued use of the connection upon
the beneficial uses of receiving waters;
2.
The
economic investment of the discharger in the legal nonconforming connection;
and
3.
The
financial effect upon the discharger of a termination of the legal
nonconforming connection.
(3364-8/97, 4206-7/20)
A.
All
new development and significant redevelopment shall be undertaken
in accordance with:
1.
The
DAMP, including, but not limited to, the Orange County Technical Guidance
Document;
2.
Any
conditions and requirements established by the Community Development
Department and/or the Public Works Department, which are reasonably
related to the reduction or elimination of pollutants in stormwater
runoff from the project site; and
3.
Conformance
with the Statewide Water Quality Control Plan for Ocean Waters of
California to control trash, also known as the Trash Provisions.
B.
Prior
to the issuance of a grading permit, building permit or nonresidential
plumbing permit for any new development or significant redevelopment,
the Community Development Department and/or Public Works Department
shall review the project plans and impose terms, conditions and requirements
on the project in accordance with this section. If the new development
or significant redevelopment will be approved without application
for a grading permit, building permit or nonresidential plumbing permit,
the Community Development Department and/or the Public Works Department
shall review the project plans and impose terms, conditions and requirements
on the project in accordance with this section prior to the issuance
of a discretionary land use approval or, at the City's discretion,
prior to recordation of a subdivision map.
C.
Notwithstanding
the foregoing subsections, compliance with the development project
guidance shall not be required for construction of a (one) single-family
detached residence unless the Community Development Department and/or
Public Works Department determines that the construction may result
in the discharge of significant levels of a pollutant into a tributary
to the stormwater drainage system.
D.
Compliance
with the conditions and requirements of the DAMP shall not exempt
any person from the requirement to independently comply with each
provision of this chapter.
E.
If
the Community Development Department and/or Public Works Department
determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a
written waiver of the requirement for compliance with the provisions
of the development project guidance.
F.
The
owner of a new development or significant redevelopment project, or
upon transfer of the property, its successors and assigns, shall implement
and adhere to the terms, conditions and requirements imposed pursuant
to this section on a new development or significant redevelopment
project.
Each failure by the owner of the property or its successors
or assigns to implement and adhere to the terms, conditions and requirements
imposed pursuant to this section on a new development or significant
redevelopment project shall constitute a violation of this chapter.
G.
The
Community Development Department and/or Public Works Department may
require that the terms, conditions and requirements imposed pursuant
to this section be recorded with the County Recorder's office by the
property owner. The signature of the owner of the property or any
successive owner shall be sufficient for the recording of these terms,
conditions and requirements and a signature on behalf of the City
shall not be required for recordation.
H.
Cost Recovery. The City shall be reimbursed by the project
applicant for all costs and expenses incurred by the Community Development
Department and/or Public Works Department in the review of new development
or significant development projects for compliance with the DAMP.
The Community Development Department and/or Public Works Department
may elect to require a deposit of estimated costs and expenses, and
the actual costs and expenses shall be deducted from the deposit,
and the balance, if any, refunded to the project applicant.
I.
Litter Control
1.
No
person shall discard any waste material, including, but not limited
to, common household rubbish or garbage of any kind (whether generated
or accumulated at a residence, business or other location) upon any
public or private property, whether occupied, open or vacant, including,
but not limited to, any street, sidewalk, alley, right-of-way, open
area or point of entry to the stormwater drainage system.
2.
Every
person occupying or having charge and control of property on which
a prohibited disposal of waste materials occurs shall cause the proper
collection and disposal of same.
3.
A
prohibited disposal of waste materials creates a danger to public
health, safety and welfare, and otherwise threatens the environment,
surface waters and groundwater; therefore, any owner or occupant of
property who fails to remove waste material within a reasonable time
may be charged with creating a nuisance upon the property.
(3364-8/97, 4206-7/20)
A.
Right to Inspect. Prior to commencing any inspection, the
authorized inspector shall obtain either the consent of the owner
or occupant of the property or shall obtain an administrative inspection
warrant or criminal search warrant.
B.
Entry to Inspect. The authorized inspector may enter property
to investigate the source of any discharge to any public street, inlet,
gutter, storm drain or the stormwater drainage system located within
the jurisdiction of the City.
C.
Compliance Assessments. The authorized inspector may inspect
property or business activity for the purpose of verifying compliance
with this chapter, including, but not limited to:
1.
Conducting
inspections as mandated by an NPDES permit and/or other State or Federally
mandated inspections;
2.
Identifying
products produced, processes conducted, chemicals used and materials
stored on or contained within the property;
3.
Identifying
point(s) of discharge of all wastewater, process water systems and
pollutants;
4.
Investigating
the natural slope at the location, including drainage patterns and
man-made conveyance systems;
5.
Establishing
the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system;
6.
Locating
any illicit connection or the source of prohibited discharge;
7.
Investigating
the condition of any legal nonconforming connection.
D.
Portable Equipment. For purposes of verifying compliance with
this chapter, the authorized inspector may inspect any vehicle, truck,
trailer, tank truck or other mobile equipment.
E.
Records Review. The authorized inspector may request and inspect
all records of the owner or occupant of property relating to chemicals
or processes presently or previously occurring on-site, including
material and/or chemical inventories, facilities maps or schematics
and diagrams, material safety data sheets, hazardous waste manifests,
business plans, pollution prevention plans, state general permits,
stormwater pollution prevention plans, monitoring program plans and
any other record(s) relating to illicit connections, prohibited discharges,
a legal nonconforming connection or any other source of contribution
or potential contribution of pollutants to the stormwater drainage
system.
F.
Sample and Test. The authorized inspector may inspect, sample
and test any area runoff, soils area (including groundwater testing),
process discharge, materials within any waste storage area (including
any container contents), and/or treatment system discharge for the
purpose of determining the potential for contribution of pollutants
to the stormwater drainage system. The authorized inspector may investigate
the integrity of all storm drain and sanitary sewer systems, any legal
nonconforming connection or other pipelines on the property using
appropriate tests, including, but not limited to, smoke and dye tests
or video surveys. The authorized inspector may take photographs or
video tape, make measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
G.
Monitoring. The authorized inspector may erect and maintain
monitoring devices for the purpose of measuring any discharge or potential
source of discharge to the stormwater drainage system.
H.
Test Results. The owner or occupant of property subject to
inspection shall, on submission of a written request, receive copies
of all monitoring and test results conducted by the authorized inspector.
I.
Closed Circuit Television (CCTV) Footage. In the event of
a sanitary sewer overflow, the authorized inspector may request the
owner to conduct a CCTV inspection of the sanitary sewer line and
sewer laterals and provide the CCTV footage to the inspector.
(3364-8/97, 4206-7/20)
A.
Administrative Remedies
1.
Notice and Service of Orders. Orders for Noncompliance, Administrative
Compliance, Cease and Desist and Cost Recovery may be issued to and
served upon the property owner pursuant to the following procedure:
a.
The Notice shall be served and delivery shall be deemed complete
upon the property owner or occupant by:
i.
Personal service;
ii.
Seven days after deposit in the U.S. mail, postage pre-paid for first
class delivery. Where the recipient of notice is the owner of the
property, the address for notice shall be the mailing address from
the most recently issued equalized assessment roll for the property,
or the address as it appears in the current records of the City;
iii.
Via electronic mail; or
iv.
Where the owner or occupant of any property cannot be located after
the reasonable efforts of the authorized inspector, notice shall be
deemed delivered after posting on the property for a period of 10
business days.
b.
Notice may be served upon any or all of the following parties:
i.
The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a prohibited discharge or
an illicit connection in violation of this chapter.
iii.
A permittee subject to the requirements of any permit issued pursuant to Section 14.25.070 to ensure compliance with the terms, conditions and requirements of the permit.
iv.
Any person responsible for an illicit connection or prohibited discharge.
c.
The Notice shall state that the property owner or occupant has a
right to appeal the matter by filing a written request for an administrative
hearing with the office of the City Clerk, within 30 days of the date
of the Notice. The appeal shall be accompanied by an administrative
hearing fee as established by separate Resolution of the City Council.
2.
Notice of Noncompliance. The authorized inspector may deliver
to the owner or occupant of any property, or to any person responsible
for an illicit connection or prohibited discharge a Notice of Noncompliance.
The Notice of Noncompliance shall:
a.
Identify the provision(s) of this chapter or the applicable permit
which has been violated. The Notice of Noncompliance shall state that
continued noncompliance may result in additional enforcement actions
against the owner, occupant and/or person.
b.
The Notice of Noncompliance shall state a compliance date that must
be met by the owner, occupant and/or person; provided, however, that
the compliance date may not exceed 90 days unless the authorized inspector
extends the compliance deadline an additional 90 days where good cause
exists for the extension.
3.
Issuance and Terms of Administrative Compliance Orders. The
authorized inspector may issue an Administrative Compliance Order.
The Administrative Compliance Order may include the following terms
and requirements:
a.
Specific steps and time schedules for compliance as reasonably necessary
to prevent the imminent threat of a prohibited discharge, including,
but not limited to, a prohibited discharge from any pond, pit, well,
surface impoundment, holding or storage area;
b.
Specific steps and time schedules for compliance as reasonably necessary
to discontinue any illicit connection;
c.
Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant
having the potential to contact stormwater runoff;
d.
Any other terms or requirements reasonably calculated to prevent
the 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 of
California or regional agency;
e.
Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any
permit issued pursuant hereto.
4.
Issuance and Terms of Cease and Desist Orders. The authorized
inspector may issue a Cease and Desist Order directing the noticed
party responsible for a violation of this chapter to:
a.
Immediately discontinue any illicit connection or prohibited discharge
to the stormwater drainage system;
b.
Comply with the terms, conditions and requirements of, and immediately cease any activity in violation of any Discharge Permit issued pursuant to Section 14.25.070;
c.
Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this
chapter;
d.
Immediately discontinue any other violation of this chapter; and/or
e.
Clean up the area affected by the violation.
5.
Issuance of Order for Recovery of Costs. The authorized inspector
may deliver an Order for Recovery of Costs to the owner or occupant
of any property, any permittee or any other person who becomes subject
to a Notice of Noncompliance or Administrative Compliance Order. An
Order for Recovery of Costs shall be delivered in accordance with
this section. An Order for Recovery of Costs shall be immediately
due and payable to the City for the actual costs incurred by the City
in issuing and enforcing any notice or order.
If any owner or occupant, permittee or any other person subject
to an Order for Recovery of Costs fails to either pay the Order for
Recovery of Costs or successfully appeal the Order for Recovery of
Costs in accordance with this section, then the City Attorney may
institute collection proceedings.
6.
Administrative Hearing for Notices of Noncompliance, Administrative
Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in subsection (A)(8) below, any person receiving a Notice of Noncompliance, Administrative Compliance Order, Order for Recovery of Costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by filing a written request for an administrative hearing with the office of the City Clerk within 30 days of the Notice. The appeal request shall be accompanied by an administrative hearing fee as established by separate City Council resolution, with a copy of the request for administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 days of the date of filing of the written request unless, at the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
7.
Administrative Hearing for Cease and Desist Orders and Emergency
Abatement Actions. A request for an administrative hearing
shall not be required from the person subject to the Cease and Desist
Order or an Emergency Abatement Action. An administrative hearing
on the issuance of a Cease and Desist Order or following an Emergency
Abatement Action shall be held within five business days following
the issuance of the Order or the Emergency Abatement, unless the hearing
(or the time requirement for the hearing) is waived in writing by
the party subject to the cease and desist order or the emergency abatement.
8.
Hearing Proceedings. The authorized inspector shall appear
in support of the Notice of Noncompliance, Compliance Order, Cease
and Desist Order, Order for Recovery of Costs or Emergency Abatement
Action, and the appealing party shall appear in support of withdrawal
of the same. The City shall have the burden of supporting any enforcement
or other action by a preponderance of the evidence. Each party shall
have the right to present testimony and other documentary evidence
as necessary for explanation of the case.
9.
Final Decision and Appeal. The final decision of the hearing
officer shall be issued within 10 business days of the conclusion
of the hearing and shall be delivered by first-class mail, postage
prepaid, to the parties. The final decision shall include notice that
any legal challenge to the final decision shall be made pursuant to
the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6
and shall be commenced within 90 days following issuance of the final
decision. The administrative hearing fee paid by a prevailing party
in an appeal shall be refunded.
Notwithstanding this subsection (A)(9), the final decision of the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
10.
City Abatement. In the event of an illegal discharge
of pollutants to the storm drain system, the responsible party (property
owner, contractor, business owner, etc.) shall be responsible for
the cleanup of affected areas including all downstream conveyance
structures, affected public/private property, and receiving water
bodies. However, the authorized inspector may assign responsibility
of the cleanup/abatement to City staff or contract staff if the size,
nature, and or complexity of the cleanup is beyond the capability
of the responsible party. If in the event of an illegal discharge
of pollutants, the operator of a facility, property owner or any other
person fails to comply with any provision of a Compliance Order issued
to such owner, operator, permittee or person pursuant to this chapter,
the authorized inspector may request the City Attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter
the property, abate the condition and restore the area. Any costs
incurred by the City in obtaining and carrying out an abatement warrant
or other judicial authorization may be recovered pursuant to this
section.
B.
Nuisance. Any condition in violation of the prohibitions of
this chapter, including, but not limited to, the maintenance or use
of any illicit connection or the occurrence of any prohibited discharge,
shall constitute a threat to the public health, safety and welfare,
and is declared and deemed a nuisance pursuant to Government Code
Section 38771. At the request of the City Manager, the City Attorney
may seek a court order to enjoin and/or abate the nuisance pursuant
to the following procedure:
1.
Notice to Owner and Occupant. Prior to seeking any court order
to enjoin or abate a nuisance or threatened nuisance, the authorized
inspector shall provide notice of the proposed injunction or abatement
to the owner and occupant, if any, of the property where the nuisance
or threatened nuisance is occurring.
2.
Emergency Abatement. In the event the nuisance constitutes
an Imminent Danger to public safety or the environment, the authorized
inspector may enter the property from which the nuisance emanates,
abate the nuisance and restore any property affected by the nuisance.
To the extent reasonably practicable, informal notice shall be provided
to the owner or occupant prior to abatement. If necessary to protect
the public safety or the environment, abatement may proceed without
prior notice to or consent from the owner or occupant, of and without
judicial warrant, provided that an administrative hearing pursuant
to this section shall follow the abatement action.
3.
Reimbursement of Costs. All costs incurred by the City in
responding to any nuisance, all administrative expenses and all other
expenses recoverable under State law, shall be recoverable from the
person(s) creating, causing, committing, permitting or maintaining
the nuisance.
4.
Nuisance Lien. All costs shall become a lien against the property
from which the nuisance emanated and a personal obligation against
the owner in accordance with Government Code Sections 38773.1 and
38773.5. The owner of record of the property subject to any lien shall
be given notice of the lien prior to recording as required by Government
Code Section 38773.1.
At the direction of the authorized inspector, the City Attorney
is authorized to collect nuisance abatement costs or enforce a nuisance
lien in an action brought for a money judgment or by delivery to the
County Assessor of a special assessment against the property in accord
with the conditions and requirements of Government Code Section 38773.5.
C.
Criminal Sanctions
1.
Prosecutor. The City Attorney may act on the request of the
authorized inspector to pursue enforcement actions in accordance with
the provisions of this chapter.
2.
Infractions. Notwithstanding Chapter 1.16 of this Code, any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the City Attorney, with an infraction punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.
3.
Misdemeanors. Any person who negligently or knowingly violates
any provision of this chapter, undertakes to conceal any violation
of this chapter, continues any violation of this chapter after notice
thereof, or violates the terms, conditions and requirements of any
permit issued pursuant to this chapter, shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000.00 or by imprisonment
for a period of not more than six months, or both.
D.
Administrative Citations. Violations of this chapter are subject to the issuance of administrative citations under the provisions of Chapter 1.18 of this Code.
E.
Consecutive Violations. Each instance in which a business,
property owner, or other persons fails to comply with the correction
due date(s) and time(s) established in a Notice of Noncompliance,
an Administrative Citation, an Administrative Compliance Order, or
a Cease and Desist Order, shall constitute a separate violation of
this chapter punishable by fines or sentences issued in accordance
herewith.
F.
Nonexclusive Remedies. Each and every remedy available for
the enforcement of this chapter, shall be nonexclusive and it is within
the discretion of the authorized inspector or City Attorney to seek
cumulative remedies, except that multiple monetary fines or penalties
shall not be available for any single violation of this chapter.
G.
Citations. Pursuant to Penal Code Section 836.5, the authorized
inspector shall have the authority to cause the arrest of any person
committing a violation of this chapter. The person shall be released
and issued a citation to appear before a magistrate in accordance
with Penal Code Sections 853.5, 853.6 and 853.9, unless the person
demands to be taken before a magistrate. Following issuance of any
citation the authorized inspector shall refer the matter to the City
Attorney.
Each citation to appear shall state the name and address of
the violator, the provisions of this chapter violated, and the time
and place of appearance before the court, which shall be at least
10 business days after the date of violation. The person cited shall
sign the citation giving his or her written promise to appear as stated
therein. If the person cited fails to appear, the City Attorney may
request issuance of a warrant for the arrest of the person cited.
H.
Violations of Other Laws. Any person acting in violation of
this chapter also may be acting in violation of the Federal Clean
Water Act or the State Porter-Cologne Act and other laws and also
may be subject to sanctions including civil liability. Accordingly,
the City Attorney is authorized to file a citizen suit pursuant to
Federal Clean Water Act Section 505(a), seeking penalties, damages,
and orders compelling compliance and other appropriate relief. The
City Attorney may notify EPA Region IX, the Santa Ana or San Diego
Regional Water Quality Control Boards, or any other appropriate state
or local agency, of any alleged violation of this chapter.
I.
Injunctions. At the request of the authorized inspector, the
City Attorney may cause the filing in a court of competent jurisdiction
of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this chapter.
J.
Order for Reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement
to the City of all costs incurred in enforcing this chapter, including
costs of inspection, investigation and monitoring, the costs of abatement
undertaken at the expense of the City, costs relating to restoration
of the environment and all other expenses as authorized by law.
K.
Civil Damages. The authorized inspector may request the City
Attorney file:
1.
An
action for civil damages in a court of competent jurisdiction seeking
recovery of: (a) all costs incurred in enforcement of this chapter,
including, but not limited to, costs relating to investigation, sampling,
monitoring, inspection, administrative expenses, all other expenses
as authorized by law, and consequential damages; (b) all costs incurred
in mitigating harm to the environment or reducing the threat to human
health, and (c) damages for irreparable harm to the environment.
2.
The
City Attorney is authorized to file actions for civil damages resulting
from any trespass or nuisance occurring on public land or to the stormwater
drainage system from any violation of this chapter where the same
has caused damage, contamination or harm to the environment, public
property or the stormwater drainage system.
3.
The
remedies available to the City pursuant to the provisions of this
chapter shall not limit the right of the City to seek any other remedy
that may be available by law.
(3364-8/97, 3620-12/03, 4206-7/20)
A.
The
City intends to cooperate with other agencies with jurisdiction over
stormwater discharges to ensure that the regulatory purposes underlying
stormwater regulations promulgated pursuant to the Clean Water Act
(33 USC Section 1251 et seq.) are met.
B.
The
City may, to the extent authorized by law, elect to contract for the
services of any public agency or private enterprise to carry out the
planning approvals, inspections, permits, abatements, and enforcement
authorized by this chapter.
(3364-8/97, 4206-7/20)
A.
Compliance Disclaimer. Full compliance by any person or entity
with the provisions of this chapter shall not preclude the need to
comply with other local, State or Federal statutory or regulatory
requirements, which may be required for the control of the discharge
of pollutants into stormwater and/or the protection of stormwater
quality.
B.
Severability. If any provision of this chapter or its application
to any circumstance is held invalid, the remainder of the chapter
shall not be affected.
(3364-8/97, 4206-7/20)
The provisions of Sections 1094 and 1094.6 of the Code of Civil
Procedure set forth the procedure for judicial review of any act taken
pursuant to this chapter. Parties seeking judicial review of any action
taken pursuant to this chapter shall file such action within 90 days
of the occurrence of the event for which review is sought.
(3364-8/97, 4206-7/20)
