This chapter shall be known as the "stormwater quality control ordinance," and may be cited as such, and is referred to herein as "this chapter."
(Prior code § 23D-1-10)
This chapter documents the City's legal authority to implement the requirements of Section 402(p)(3) of the Clean Water Act, 33 U.S.C. Section 1342, and the Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., as embodied in the City's current NPDES permit.
(Prior code § 23D-1-20)
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act, the regulations implementing the NPDES, the Porter-Cologne Water Quality Control Act, and any permit or order issued pursuant to such laws.
(Prior code § 23D-1-30)
means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the MS4. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
means the California Stormwater Quality Association.
has the meaning set forth in Section 1.04.020 of this code.
has the meaning set forth in Section 12.04.060 of this code.
means the Federal Water Pollution Control Act of 1972, codified at 33 United States Code Chapter 26.
means any soil disturbing activity that requires a building or grading permit from the City, including, but not limited to, demolition, clearing, grading, paving, stockpiling, and excavating.
means the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the State board, NPDES No. CAS000002, as it currently exists or may be amended and reissued from time to time. The construction general permit covers, in part, construction activity that results in a land disturbance of equal to or greater than one acre. The construction general permit is available from the State board and may be reviewed on the internet at: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml.
means the premises where any project that involves any construction activity is located, including projects requiring coverage under the construction general permit.
means any land disturbing activity that falls under the City's planning or permitting authority, including any construction activity, construction or installation of a building or structure, creation of impervious surfaces, or land subdivision. "Development" does not include trenching, excavation and resurfacing associated with linear underground/overhead projects; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway.
means the City Public Works Director, or designee of the Public Works Director or City Manager.
means the release or deposit of any fluid, liquid, solid, flowing substance, or any other material.
means the United States Environmental Protection Agency.
has that meaning set forth in California Water Code Section 13050.
means a pipe, drain, open channel, or other conveyance facility, or device, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency. Illicit connections are further specified in Section 8.08.050(B) of this chapter.
means any discharge that is either: (1) a non-stormwater discharge that violates an NPDES permit, or (2) any discharge that causes or contributes or threatens to cause or contribute to a violation of any plan standard. Illicit discharges are further specified in Section 8.08.050(A) of this chapter.
means an unintended, unanticipated, and infrequent amount (volume) of water discharge from landscape irrigation, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, or if it is due to intentional or grossly negligent overflow or application.
has the meaning set forth for "industrial activity" in 40 CFR 122.26(b)(14)(i)—(xi).
means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
include, but are not limited to, any conveyance, pipe, or pipeline for the transportation of any gaseous, liquid (including water and wastewater for domestic municipal services), liquescent, or slurry substance; any cable line or wire for the transmission of electrical energy; any cable line or wire for communications (e.g., telephone, internet, radio, or television messages); and associated ancillary facilities.
means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that discharges into waters of the United States and which is owned or operated by the City and designed or used for collecting or conveying stormwater.
means a permit issued by the EPA, State board, or regional board that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge. The City's NPDES permit is the State board's Water Quality Order No. 2013-0001-DWQ, NPDES General Permit No. CAS000004, as it currently exists or may be amended and reissued from time to time.
means any discharge to the MS4 or to a watercourse, that is not entirely composed of stormwater.
means the National Pollutant Discharge Elimination System under the Clean Water Act.
has the meaning set forth in Section 1.04.020 of this code.
means any or all applicable requirements of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, adopted by the regional board, and all subsequent amendments.
means any "pollutant" defined in Section 502(6) of the Clean Water Act or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to, the following:
Residential, commercial and industrial waste (such as trash, litter, fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);
Metals such as cadmium, lead, zinc, silver, nickel, chromium, copper and non-metals such as phosphorous and arsenic;
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease);
Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora or fauna of the State;
Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and
Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
means that act codified at Chapter 1 of Division 7 of the California Water Code.
mean any building, lot, parcel, land or portion of land whether improved or unimproved.
mean surface water that receives regulated and unregulated discharges from activities on land, including, but not limited to, creeks, streams, rivers, lakes, estuaries, groundwater formations, or other bodies of water into which surface water, treated waste, or untreated waste are discharged.
means the Central Valley Regional Water Quality Control Board.
means water and substances carried in it that drains from the surface of an area of land, premises, a building or structure.
means the State Water Resources Control Board.
mean surface runoff and drainage associated with storm events, which is free of pollutants.
means a document which describes the best management practices to be implemented by the owner or operator of a premises, business, or construction site to eliminate illicit discharges and/or reduce to the maximum extent practicable pollutant discharges to the MS4.
means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and runoff.
means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs, and rivulets.
has the same meaning as that term is defined in 40 CFR 122.2.
(Prior code §§ 23D-1-40—23D-1-400)
A.
Discharge Prohibitions.
1.
No person shall:
a.
Cause, allow or facilitate any non-stormwater discharge directly or indirectly into the MS4 except in compliance with the requirements of this chapter and in compliance with any separate individual or general NPDES permit;
b.
Cause, allow or facilitate any illicit discharge;
c.
Discharge any material directly or indirectly into the MS4 within the City's jurisdiction that may cause, or threaten to cause a condition of pollution, contamination, or nuisance within the meaning of California Water Code Section 13050 or that may cause or contribute to a violation of the City's NPDES permit, the Clean Water Act or the Porter-Cologne Water Quality Control Act; or
d.
Discharge any material into the MS4 that is not stormwater and that is not incidental runoff.
2.
The following discharges shall be conditionally exempt from the prohibited discharges under subsection (A)(1), unless the Director determines that the discharge is otherwise prohibited under the requirements of subsection (A)(3):
a.
Water line flushing;
b.
Individual residential car washing;
c.
Diverted streamflows;
d.
Rising groundwater, where groundwater seepage is not otherwise regulated by a separate NPDES permit;
e.
Uncontaminated groundwater infiltration to the MS4;
f.
Uncontaminated pumped groundwater, provided such discharges are compliant with all applicable permit requirements, including enrollment in any applicable NPDES permit or waste discharge requirement;
g.
Discharges from potable water sources;
h.
Gravity flow from foundation drains, footing drains and crawl space pumps, when groundwater seepage is not otherwise regulated by a separate NPDES permit or waste discharge requirements, provided such discharges are compliant with all applicable permit requirements;
i.
Air conditioning condensation, when not otherwise regulated by a separate NPDES permit;
j.
Natural springs;
k.
Flows from riparian habitats and wetlands;
l.
Discharges of dechlorinated water from swimming pools and spas, when not otherwise regulated by a separate NPDES permit;
n.
Discharges composed entirely of stormwater;
o.
Discharges subject to regulation under current EPA, State board, or regional board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency; and
p.
Discharges from emergency firefighting activities, unless identified as a significant source of pollutants to waters of the United States.
3.
Notwithstanding the conditional exemptions provided in paragraph 2 above, if the Director, independently or at the direction of the regional board, determines that a conditionally exempt discharge is a significant source of pollutants, threatens water quality standards, causes or significantly contributes to a violation of any receiving water limitation, results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Director may determine that the discharge is a violation of this section, prohibit such discharge, and take any enforcement option available under this chapter.
(Prior code §§ 23D-2-10, 23D-2-20)
A.
Best Management Practices Required. Each person responsible for any premises, site, activity, operation, or facility that may discharge any pollutant to the MS4 shall implement those BMPs approved or required by the Director in accordance with this chapter, or with any local, state, or Federal law, rule, regulation, or permit.
B.
Incidental Runoff. Every person responsible for any premises within the City shall control discharges from the premises in excess of incidental runoff by taking the following actions:
1.
Promptly detect and correct leaks, no later than 72 hours after learning of the leak;
2.
Properly design and aim sprinkler heads;
3.
Cease watering during precipitation events;
4.
Properly manage ponds containing recycled water such that no discharge occurs in violation of any applicable permit, State or local law or regulation; and
5.
Take any action necessary to prevent the discharge of non-stormwater to the MS4 or to the waters of the State or United States.
C.
Notification of Discharge.
1.
Notwithstanding any other requirement of law, the person in charge of a premises or responsible for a premises' emergency response must take all necessary steps to ensure the discovery, containment and cleanup of such release and immediately report any known or suspected release of materials, pollutants, or waste, which may result in pollutants or non-stormwater discharges entering stormwater, the MS4, or waters of the State or United States, in the following manner:
a.
The release of a hazardous substance shall be immediately reported to emergency services by emergency dispatch services (911).
b.
The release of a non-hazardous substance shall be reported as follows:
i.
To the Director at 661-5962 if the release occurs during regular business hours.
ii.
To County communications at 666-8920 if the release occurs after regular business hours on a weekday, or on a weekend or holiday.
iii.
If the discharge has been contained and cleaned, to the Director in person, by telephone, or in writing no later than 4:00 p.m. on the next business day. Notifications in person or by telephone shall be confirmed by written notice mailed to the City's Public Works Department within three business days of the in person or telephone notice.
c.
If the discharge is from an industrial or commercial facility, the owner or operator of such facility shall retain written records of the discharge and the actions taken to prevent a recurrence on site. Such records shall be retained at the industrial or commercial facility for at least three years.
2.
In addition to the above requirements, release of any hazardous substances, sewage, oil, or petroleum to any waters of the State, or discharged or deposited where it is or probably will be discharged in or on any waters of the State, shall be reported to the State office of emergency services, as required by California Water Code Sections 13271 and 13272.
D.
Watercourse Protection.
1.
Every person responsible for any premises through which a watercourse passes, shall keep and maintain that part of the bed, bank, and channel of the watercourse within the premises free of pollutants. The responsible person for any such premises shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor perform vegetation management in such a manner as to increase the vulnerability of the watercourse to erosion.
2.
The person responsible for any premises through which a watercourse passes must 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. Maintenance must be conducted in a manner that does not adversely impact waterway species.
3.
To the extent that this chapter imposes prohibitions or requirements regarding non-stormwater discharges to the MS4, those same prohibitions and requirements are imposed on non-stormwater discharges to watercourses.
4.
The person responsible for any premises through which a watercourse passes must comply with all laws, rules, and regulations of State and Federal agencies that may have jurisdiction over the watercourse.
E.
Waste Disposal.
1.
Except when deposited in lawfully established dumping areas, no person shall throw, deposit, wash, blow, leave, maintain, keep or permit to be thrown, deposited, washed, blown, placed, left or maintained any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, including, but not limited to, dirt, green waste and animal waste, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, or other drainage structures, at any business place or upon any public or private lot of land in the City, so that the same may cause or contribute to pollution or an illicit discharge or cause or contribute to a violation of the requirements of any applicable water quality control plan.
2.
Each person with maintenance responsibilities over any paved surface must maintain said surface free of dirt and litter. Dirt and litter from a paved surface shall not be swept, washed, blown, or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on such premises as required for garbage disposal.
3.
Each person with responsibility for a premises, whether improved or unimproved, shall maintain the premises to prevent soil and other debris from being washed or tracked off the premises.
4.
Each person responsible for a pet shall promptly pick up animal waste deposited in public areas and properly dispose of it in a trash receptacle.
(Prior code §§ 23D-3-10—23D-3-50)
A.
Construction Activities.
1.
Plan Review. The applicant for any development permit and the owner of any premises which is the subject of such an application must comply with the terms, conditions, and requirements imposed by the City to ensure compliance with this chapter and any applicable permit. Such terms, conditions, and requirements may include, but are not limited to, actions and practices consistent with the current version of CASQA's Construction Best Management Practice Manual or its equivalent, and requirements for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures and illicit discharges. If the project will be approved without application for a grading permit or building permit, the owner of any premises subject to a discretionary land use approval or subdivision map must comply with all terms, conditions and requirements imposed by the City to ensure compliance with this chapter or any applicable permit.
2.
Compliance with Construction General Permit. Every development project that disturbs one acre or more of soil or disturbs less than one acre but is part of a larger common plan of development or sale of one or more acres of disturbed surface land is subject to the construction general permit and shall comply with all provisions of such permit. Proof of compliance with the construction general permit satisfactory to the City Engineer must be submitted prior to issuance of a grading or building permit.
3.
Erosion and Sediment Control Plan. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the City shall prepare and submit, or cause to be prepared and submitted, an erosion and sediment control plan prior to and as a condition of the issuance of a grading or building permit. The erosion and sediment control plan shall contain, at a minimum, appropriate site-specific construction site BMPs, the rationale used for selecting or rejecting BMPs, a quantification of expected soil loss where necessary, a list of applicable permits directly associated with applicable grading activity, and evidence that those permits have been obtained. No construction activity shall commence before the City Engineer issues written approval of the erosion and sediment control plan. A SWPPP developed pursuant to the construction general permit may substitute for the erosion and sediment control plan for projects where a SWPPP is developed. In such cases, the SWPPP must comply with this chapter and must be submitted to the City for review and approval.
4.
Permit Coverage. Prior to and as a condition of receiving a grading or building permit, the person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the City, shall demonstrate existing coverage under applicable permits, including, but not limited to, the State Board's construction general permit, State Board 401 Water Quality Certification, United States Army Corps 404 permit, and California Department of Fish and Wildlife 1600 agreement. The City may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, SWPPPs, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any permit.
5.
BMPs. The City Engineer may require, as a condition of issuing a grading or building permit, the implementation of BMPs to ensure that the discharge of pollutants from a construction site will be effectively prohibited and will not cause or contribute to a condition of pollution or to an exceedance of water quality standards. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the City shall implement such BMPs approved by the City Engineer to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable City ordinances and the City's NPDES permit regulating discharges into and from the MS4.
6.
Cost Recovery. The applicant for a development project subject to the requirements of this chapter shall pay all costs and expenses incurred by the City in the review of project plans and inspection of construction sites for compliance with this chapter in accordance with the latest master fee schedule adopted by the City Council.
B.
Industrial and Commercial Facilities.
1.
No person shall operate or cause to be operated any industrial or commercial facility without first obtaining and complying with any required NPDES permit or waste discharge requirements. The City may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, SWPPPs, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any permit.
2.
On receipt of written notice from the City, the owner or operator of any industrial or commercial facility or source of stormwater shall select, install, and after approval from the Director or City Engineer, implement and maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook or its equivalent. BMPs must be designed to implement the requirements of this chapter and any applicable permit.
3.
The Director or City Engineer may require the person responsible for any industrial or commercial facility to enter into an agreement for the operation, maintenance and annual reporting of any structural control measures and treatment systems and to record such agreement with the County Recorder's office. The signature of the owner of the real property 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.
C.
Development Activities.
1.
All development projects must be planned, designed and constructed consistent with the post-construction standards in the City's NPDES permit and in accordance with the post-construction stormwater management requirements adopted by Council resolution. The post-construction standards and requirements include, but are not limited to, the use of source control, low impact development, and hydromodification measures, as applicable.
2.
As a condition of approval of any development project, the owner of the real property that is the subject of the development project must provide a written document, deed, agreement or similar writing acceptable to the Director or City Engineer, obligating the project proponent, their successors in control of the project and successors in fee title to the underlying real property (or premises), to assume responsibility for the operation, maintenance and annual reporting of all structural control measures, installed treatment systems and hydromodification controls, if any, for the project.
3.
The owner or operator of any installed structural control measures, treatment system or hydromodification control shall provide the Director with information and physical access necessary to assess compliance with this chapter, with the City's NPDES permit, and with any writing establishing operation and maintenance responsibilities and shall pay the City an annual fee for inspection and maintenance services in accordance with the latest master fee schedule adopted by the City Council.
(Prior code §§ 23D-4-10—23D-4-30)
A.
Right to Enter and Inspect. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the Director, or representative of the Director, has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
B.
Sampling Authority. The Director may inspect, sample and test any facilities, equipment, practices, or operations, area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any contained contents) and/or treatment system discharge for the purpose of determining the potential for the discharge of pollutants to the MS4. The Director may investigate the integrity of all storm drain and sanitary sewer systems, any connection or other pipelines on the private property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Director may take photographs or videotapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the premises.
C.
Records Review. The Director may inspect records of the owner or person in charge of the day-to-day activities of private property relating to chemicals or processes presently or previously occurring on-site, including, but not limited to, 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, SWPPPs, monitoring program plans and any other record(s) relating to illicit connections, illicit discharges, a connection or any other source of discharge or potential discharge of pollutants to the MS4. Such records must be kept on-site and remain available for inspection. Failure to keep records on site and available for inspection shall constitute a violation of this chapter.
D.
Monitoring, Analysis and Reporting Authority. The Director or City Engineer may erect and maintain or require any person discharging to the MS4 to erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the MS4. Upon service of written notice by the Director or City Engineer, the burden, including cost, of these activities, analyses and reports, incurred in complying with the requirement shall, to the extent permitted by law, be borne by the premises owner, occupant or operator of the facility, activity, or premises for which testing and monitoring has been requested.
(Prior code § 23D-5-10)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be protection from liability including civil penalties or that there will be no contamination, pollution nor unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the City, or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.
(Prior code § 23D-6-10)
A.
Enforcement Authority.
1.
The Director is authorized to implement, administer, and enforce the provisions of this chapter, which authorization includes, but is not limited to, the authority to require any business or person to adopt and implement a SWPPP, as may be reasonably necessary to fulfill the purposes of this chapter.
2.
Best Management Practices. The Director may establish and require any best management practices reasonably necessary to fulfill the purposes of this chapter for any premises within the City.
B.
Administrative Remedies.
1.
Notice of Violation. The Director may deliver to the owner or occupant of any premises, or to any person responsible for an illicit connection or illicit discharge a notice of violation. The notice of violation shall:
a.
Identify the provision(s) of this chapter or the applicable permit which has been violated;
b.
State that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person; and
c.
State a compliance date that must be met by the owner, occupant and/or person; provided, however, that the Director may extend the compliance deadline where good cause exists for the extension and an extension will not pose a threat to the environment or to the public health, safety or welfare. Uncontrolled sources of pollutants shall be abated immediately and in no case longer than 30 days.
2.
Cease and Desist Order. The Director may issue a cease and desist order directing the owner or occupant, or other person in charge of day-to-day operations of any public or private property and/or any other person responsible for a violation of this chapter, to immediately or by a specified day or time:
a.
Immediately discontinue any illicit connection, or illicit discharge to the MS4;
b.
Immediately contain or divert any flow of non-stormwater off the property, where the flow is occurring in violation of any provision of this chapter;
c.
Immediately discontinue any other violation of this chapter;
d.
Clean up the area affected by the violation;
e.
Implement BMPs and take other actions necessary to comply with the requirements of this chapter.
3.
Compliance Order. Separate from, in addition to, or in combination with a notice of violation or cease and desist order, the Director may issue a compliance order to the owner and/or occupant of any public or private property and/or any other person responsible for a violation of this chapter. Issuance of a notice of violation or cease and desist order is not a prerequisite to the issuance of an compliance order.
4.
Monetary Penalty. In addition to collection of any and all other costs and expenses incurred by the City in enforcing this chapter, the Director may issue a fine up to the amount authorized in Government Code Section 36901 per violation to any person who or entity that violates any provision of this chapter, and each person or entity receiving a fine pursuant to this chapter shall be required to pay to the City, any fine issued for such violation.
5.
Delivery of Notice. Notice of any administrative enforcement action or any other notice required to be delivered by this chapter may be delivered and delivery deemed complete as follows:
a.
Delivery shall be deemed complete upon personal service to the recipient, deposit in the U.S. mail, postage pre-paid for first class delivery, facsimile service with confirmation of receipt, or by any other means permitted by law.
b.
Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.
c.
Where the owner or occupant of any property cannot be located after the reasonable efforts of the Director, a notice of violation or cease and desist order shall be deemed delivered after posting on the property for a period of five business days.
C.
Civil Remedies.
1.
Nuisance. Any 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 illicit 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. Any such nuisance may be abated and/or restored by the Director pursuant to Chapter 9.04 of this code.
a.
Emergency Abatement. The Director may order the abatement of any discharge from any source when, in the opinion of the Director, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment. Any such emergency abatement shall be performed in accordance with the provisions of Section 9.04.110.
b.
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 in accordance with Chapter 9.04.
2.
Injunction. At the request of the City Manager, the City Attorney may cause the filing in a court of competent jurisdiction, a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. 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.
3.
Damages. The City Manager may cause the City Attorney to file 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.
D.
Criminal Remedies. A violation of this chapter shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney. This section does not prohibit the City from abating violations of this chapter by any administrative, civil or other non-criminal means. In such cases, a violation of this chapter may be considered the civil or administrative equivalent of an infraction or misdemeanor as applicable.
E.
Appeal.
1.
Written Appeal. Any person subject to an administrative enforcement action, who is required to perform monitoring, analyses, reporting and/or corrective activities by the Director, or who is otherwise aggrieved by any decision of the Director, may appeal the decision by filing a written appeal with the City Clerk within 20 calendar days of the date of the determination. The written appeal must state the specific reasons for the appeal and assert the grounds upon which relief is requested. If an appeal is not filed within the time, or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
2.
Appeal Fee. The City Council shall by resolution from time to time establish a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
3.
Appeal Hearing.
a.
After the filing of an appeal within the time and in the manner prescribed herein, the City Council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Any appeal hearing shall be set no sooner than 20 days following the filing of a request for an appeal hearing and no more than 60 days from the date such request is filed. Written notice of the time, date and place of the hearing shall be served upon affected City staff and the appellant not later than 10 days preceding the date of the hearing.
b.
The City Council shall conduct a de novo review of the entire proceeding or proceedings relating to the act or decision being appealed and may make any order it deems just and equitable. Any hearing may be continued from time to time.
c.
At the conclusion of the hearing, the City Council shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the City Clerk. The City Clerk shall serve such decision to the appealer and the Director. The decision of the City Council shall become final upon the date of filing and service with respect to the any appeal.
F.
Payment of Fees And Penalties—Costs and Expenses of Enforcement.
1.
The City shall be entitled to recover its costs related to enforcing compliance with this chapter, in addition to any applicable fines or penalties. Unless otherwise specified in this code, a responsible person upon whom a fee and/or fine is imposed pursuant to this code shall make payment to the City within 30 days after written notice from the City. If a person fails to make payment to the City of any amount owed in accordance with this section, within 30 days after written notice from the City, the City may collect the amount owed in any one or more of the following ways:
a.
Referring the matter to a collection agency;
b.
Initiating a civil action to collect the debt;
c.
Making the debt a lien or special assessment against the property in accordance with the process set forth in paragraph 2 of this subsection, where the violation involved real property;
d.
Any other manner provided by law for the collection of debts.
2.
Lien or Special Assessment Procedure.
a.
If a responsible person is an owner of real property, the amount owed by the responsible person under this section may constitute a lien or special assessment against the real property on which the violation occurred. (Government Code Sections 38773.1(a), 38773.2, 38773.5, 54988)
G.
Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the Director may identify and require alternative compensatory actions for a violator, including, but not limited to, storm drain stenciling, attendance at compliance workshops and/or storm channel cleanup.
H.
Concealment and Abetting. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this chapter.
I.
Remedies Cumulative. The remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law. The enumeration of remedies in this chapter does not preclude the application of any other remedies not specifically enumerated.
J.
Consecutive Violations. Each day on which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative enforcement order, or a permit issued pursuant to this chapter shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.
K.
Judicial Review. The provisions of Civil Procedure Code Sections 1094.5 and 1094.6 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.
(Prior code §§ 23D-7-10—23D-7-110)