The purpose of this chapter is to ensure the environmental and
public health, safety, and general welfare of the residential, commercial,
and industrial sectors of the City of Carlsbad by:
A. Prohibiting
non-stormwater discharges to the stormwater conveyance system.
B. Eliminating
discharges to the stormwater conveyance system from spills, dumping
or disposal of materials other than stormwater or permitted or exempted
discharges.
C. Reducing
pollutants in stormwater discharges to the maximum extent practicable,
including those pollutants taken up by stormwater as it flows over
urban areas (urban runoff).
D. Reducing
pollutants in stormwater discharges in order to achieve applicable
water quality objectives for receiving waters within the City of Carlsbad.
The intent of this chapter is to protect and enhance the water
quality of the City of Carlsbad receiving waters and wetlands in a
manner pursuant to and consistent with the Clean Water Act and municipal
permit.
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(Ord. NS-880 § 1, 2008)
When used in this chapter, the following terms shall have the
meanings ascribed to them in this section:
"Clean Water Act"
means the Federal Water Pollution Control Act enacted by
Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483,
and 95-117 (33 USCA Section 1251 et seq.), and any subsequent amendments.
"County Health Officer"
means the Health Officer of the County of San Diego Department
of Public Health or designee.
"Employee training program"
means a documented employee training program for all persons
responsible for implementing a stormwater pollution prevention plan.
The employee training program shall include, but is not limited to,
the following topics:
1.
Laws, regulations, and local ordinances associated with stormwater
pollution prevention, and an overview of the potential impacts of
polluted stormwater on the receiving waters of the San Diego region;
2.
Proper handling of all materials and wastes to prevent spillage;
3.
Mitigation of spills including spill response, containment and
cleanup procedures;
4.
Visual monitoring of all effluent streams to ensure illicit
discharges do not enter the stormwater conveyance system;
5.
Discussion of the differences between the stormwater conveyance
system and the sanitary sewer system;
6.
Identification of all on-site connections to the stormwater
conveyance system;
7.
Preventive maintenance and good housekeeping procedures;
8.
Material management practices employed by the facility to reduce
or eliminate pollutant contact with stormwater discharge; and
9.
Documentation of training and records detailing dates, time,
subjects covered and attendance.
"Enforcement agency"
means the City of Carlsbad or its authorized agents charged
with ensuring compliance with this chapter.
"Hazardous materials"
means any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates
pressure through decomposition, heat or other means, if such a substance
or mixture of substances may cause, or contribute to, substantial
injury, serious illness or harm to humans, domestic livestock, wildlife,
or deterioration of receiving water quality or the environment.
"Illegal discharge"
means any discharge to the stormwater conveyance system that
is not composed entirely of stormwater, or is expressly prohibited
by federal, state, or local regulations, laws, codes, or ordinances,
or degrades the quality of receiving waters in violation of any NPDES
permit, the basin plan and California ocean plan standards.
"Parking lot"
means an open area, other than a street or other public way,
used for the parking of motorized vehicles, whether for a fee or free,
to accommodate clients or customers or to accommodate residents of
multi-family dwellings (i.e., apartments, condominiums, townhomes,
mobile homes, dormitories, group quarters, etc.).
"Person"
means any individual, organization, business trust, company,
partnership, entity, firm, association, corporation, or public agency,
including the State of California and the United States of America.
"Premises"
means any building, lot parcel, real estate, land or portion
of land whether improved or unimproved.
"Responsible party"
means one or more persons that control, are in possession
of or own property that shall be individually or, jointly and severally
held responsible for compliance with the provision of this chapter
or with any illicit discharge from property controlled, possessed
or owned. As defined in this chapter, "property" includes, but is
not limited to, real estate, fixtures, facilities or premises of any
kind located upon, under or above the real estate. This definition
of responsible party does not include the city when an illicit discharge
is caused by a person on a public street or on public property.
"Wetlands"
means areas that are inundated or saturated by surface or
ground waters at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
(Ord. NS-880 § 1, 2008)
The enforcement official shall administer, implement, and enforce
the provisions of this chapter. Any powers granted to, or duties imposed
upon, the enforcement official may be delegated by the enforcement
official to persons in the employ of the City of Carlsbad, or pursuant
to contract. When deemed necessary by the enforcement official, the
enforcement official shall prepare and present to the City Council
for approval regulations consistent with the general policies established
herein by the City Council. The enforcement official shall enforce
council approved regulations necessary to the administration of this
chapter, and may recommend that the council amend such regulations
as conditions require.
(Ord. NS-880 § 1, 2008)
This chapter shall be interpreted to assure consistency with
the requirements of the federal Clean Water Act, applicable implementing
regulations, and municipal permit.
(Ord. NS-880 § 1, 2008)
The discharge of non-stormwater discharges to the stormwater
conveyance system or to any other conveyance system which discharges
into receiving water is prohibited, including, but not limited to:
B. Discharges
of washwater resulting from the hosing or cleaning of gas stations,
auto repair garages, or other types of automotive services facilities;
C. Discharges
resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, cement-related
equipment, and port-a-potty servicing, etc.;
D. Discharges
of washwater from mobile operations such as mobile automobile washing,
steam cleaning, power washing, and carpet cleaning, etc.;
E. Discharges
of washwater from the cleaning or hosing of impervious surfaces in
municipal, industrial, commercial, and residential areas including
parking lots, streets, sidewalks, driveways, patios, plazas, work
yards and outdoor eating or drinking areas, etc.;
F. Discharges
of runoff from material storage areas containing chemicals, fuels,
grease, oil, or other hazardous materials;
G. Discharges
of pool or fountain water containing chlorine, algaecides, biocides,
or other chemicals; discharges of pool or fountain filter backwash
water;
H. Discharges
of saline swimming pool water unless such discharge can be discharged
via a pipe or concrete channel directly to a naturally saline water
body (e.g., Pacific Ocean);
I. Discharges
of sediment, pet waste, vegetation clippings, or other landscape or
construction-related wastes; and
J. Discharges
of food-related wastes (e.g., grease, fish processing, and restaurant
kitchen mat and trash bin wash water, etc.).
(Ord. NS-880 § 1, 2008; Ord. CS-278, 2015)
A. The
prohibition on discharges shall not apply to any discharge regulated
under a NPDES permit issued to the discharger and administered by
the State of California pursuant to Chapter 5.5, Division 7, of the
California
Water Code, provided that the discharger is in compliance
with all requirements of the permit and other applicable laws and
regulations. Proof of compliance with such permit may be required
in a form acceptable to the city prior to or as a condition of a subdivision
map, site plan, building permit, or development improvement plan;
upon inspection of the facility; during any enforcement proceeding
or action; or for any other reasonable cause.
B. Non-stormwater
discharges to the MS4 from the following categories of non-stormwater
discharges are allowed if the discharger obtains coverage under NPDES
Permit No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent
order) and the discharger is in compliance with all requirements of
the applicable NPDES permit and all other applicable laws and regulations;
or the RWQCB determines in writing that coverage under NPDES Permit
No. CAG919002 is not required. Otherwise, non-stormwater discharges
from the following categories are illicit discharges:
1. Discharges
from uncontaminated pumped groundwater;
2. Discharges
from foundation drains when the system is designed to be located at
or below the groundwater table to actively or passively extract groundwater
during any part of the year;
3. Discharges
from crawl space pumps;
4. Discharges
from footing drains when the system is designed to be located at or
below the ground-water table to actively or passively extract groundwater
during any part of the year.
C. Non-stormwater
discharges to the MS4 from water line flushing and water main breaks
are allowed if the discharges have coverage under NPDES Permit No.
CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003,
or subsequent order), and the discharger is in compliance with all
requirements of that NPDES permit and other applicable laws and regulations.
This category includes water line flushing and water main break discharges
from water purveyors issued a water supply permit by the California
Department of Public Health or federal military installations. Discharges
from recycled or reclaimed water lines to the MS4 are allowed if the
discharges have coverage under an NPDES permit, and the discharger
is in compliance with the applicable NPDES permit and other applicable
laws and regulations. Otherwise, discharges from water lines are illicit
discharges.
D. Non-stormwater
discharges to the MS4 from the following categories are allowed, unless
the enforcement official or the Regional Water Quality Control Board
identifies the discharge as a source of pollutants to receiving waters,
in which case the discharge is considered an illicit discharge:
1. Discharges
from diverted stream flows;
2. Discharges
from rising groundwater;
3. Discharges
from uncontaminated groundwater infiltration to the MS4;
5. Discharges
from riparian habitats and wetlands;
6. Discharges from potable water sources, except as set forth in subsection
C of this section;
7. Discharges
from foundation drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharges under unusual circumstances;
and
8. Discharges
from footing drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharges under unusual circumstances.
E. Non-stormwater
discharges from the following categories are allowed if they are addressed
with BMPs. Otherwise, non-stormwater discharges from the following
categories are illicit discharges:
1. Air
conditioning condensation;
2. Individual
residential vehicle washing;
3. Flows
from non-emergency fire fighting activities; and
4. Flows
from emergency fire fighting activities.
F. The
prohibition of discharges shall not apply to any discharge which the
enforcement official, the county health officer, the state or San
Diego Regional Water Quality Control Board, or U.S. Environmental
Protection Agency determines in writing are necessary for the protection
of the environment, water quality, and public health and safety.
(Ord. NS-880 § 1, 2008; Ord. CS-278, 2015)
Any discharge that would result in or contribute to a violation
of municipal permit either separately considered or when combined
with other discharges, is prohibited. Liability for any such discharge
shall be the responsibility of the person(s) causing or responsible
for the discharge.
(Ord. NS-880 § 1, 2008)
It is prohibited to establish, use, maintain, conceal or continue illicit connections to the stormwater conveyance system, regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection except as authorized in Section
15.12.050.
(Ord. NS-880 § 1, 2008)
A. It
is unlawful for any person not to utilize best management practices
to the maximum extent practicable to eliminate or reduce pollutants
entering the city's stormwater conveyance system.
B. In
order to reduce the risk of contamination of stormwater and the discharge
of non-stormwater or pollutants to the city's stormwater conveyance
system, the enforcement official may require the person(s) conducting
the following activities to implement best management practices to
the maximum extent practicable:
1. Automobile,
airplane, boat, and/or vehicle repair, service, fueling, maintenance,
washing, storage, and/or parking;
2. Landscape
and garden care activities including application of related products,
such as pesticides, herbicides, and fertilizers;
3. Building
remodeling, repair and maintenance, including, but not limited to:
cement mixing, repair or cutting, masonry, plumbing, painting and/or
coating;
4. Impervious
surface or building washing or cleaning, including pressure washing
or steam cleaning;
5. Storage
and disposal of household hazardous waste (e.g., paints, used motor
oil, cleaning products, pesticides, herbicides);
7. Storage
and disposal of green waste;
8. Mobile
carpet, drape or furniture cleaning;
9. Pool,
spa, jacuzzi, or fountain cleaning, servicing, or repair;
11. Plant growing including: farmlands, fields, nurseries, greenhouses,
and botanical gardens.
C. Persons conducting an activity or activities that the enforcement official determines may contribute to an illegal discharge to the stormwater conveyance system, and/or a tributary to a Clean Water Act Section 303(d) impaired water body, where the site or source generates pollutants for which the water body is impaired; and/or any person within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water may also be subject to subsection
B.
D. Business
Activity Stormwater Pollution Prevention Plan (SWPPP). When the enforcement
official determines that a person in the course of conducting a business-related
activity causes, has the potential to cause, or contributes to a violation
of the water quality standards set forth in the San Diego basin plan
or California ocean plan, or conveys pollutants to receiving waters
that may cause or contribute to the deterioration of water quality,
then the enforcement official may require the person to develop and
implement a business activity SWPPP that includes the implementation
and use of best management practices, and an employee training program.
This section applies, but is not limited to:
1. Persons
conducting maintenance, storage, manufacturing, assembly, equipment
operations, vehicle loading, and/or cleanup activities partially or
wholly out of doors;
2. Persons
conducting automobile, airplane, boat, and/or equipment mechanical
service, repair, maintenance, fueling, cleaning and/or parking; marinas;
mobile automobile or other vehicle washing and/or parking; retail
or wholesale fueling; mobile carpet, drape or furniture cleaning;
pest control services; eating and drinking establishments; cement
mixing, repair or cutting; masonry; plumbing; painting and coating;
surface or building washing or cleaning services, including pressure
washing or steam cleaning; botanical or zoological gardens and exhibits;
landscaping and lawn and garden services; nurseries and greenhouses;
golf courses, parks and other recreational areas/facilities; cemeteries;
pool and fountain cleaning; or port-a-potty servicing;
3. Persons
owning or operating a parking lot or an impervious surface (including,
but not limited to, service station pavements, sidewalks, patios and
paved private streets and roads) used for automobile-related or similar
purposes shall clean those surfaces as frequently and as thoroughly
as is necessary, in accordance with best management practices, to
prevent the discharge of pollutants to the city's stormwater conveyance
system. Sweepings or cleaning residue from parking lots or impervious
surfaces shall not be swept or otherwise made or allowed to enter
any stormwater conveyance system, gutter, or roadway, but must be
disposed of in accordance with regional and local solid waste procedures
and regulations.
Persons owning or operating a parking lot or impervious surfaces
used for similar purposes shall clean those surfaces thoroughly as
is necessary to prevent the accumulation and discharge of pollutants
to the stormwater conveyance system to the maximum extent practicable,
but not less than once prior to each rainy season. Sweepings or cleaning
residue from parking lots or said impervious surfaces shall not be
swept or otherwise made or allowed to enter the gutter, roadway or
stormwater conveyance system.
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E. Development, Grading or Construction Activities. Any person engaged in development, grading or construction in the City of Carlsbad shall utilize best management practices to prevent pollutants from entering the stormwater conveyance system by complying with city standards, all applicable local ordinances, including Chapter
15.16 of the Carlsbad Municipal Code, the standard specifications for public works construction, when performing public work, and, required provisions of all applicable NPDES permits.
In order to reduce the risk of contamination of stormwater and
the discharge of non-stormwater or pollutants to the city's stormwater
conveyance system, the enforcement official may require the person
conducting the development, grading or construction activities to
prepare and implement a construction SWPPP in compliance with city
standards and/or to implement best management practices to the maximum
extent practicable.
F. No
person shall stand or park any vehicle or equipment on any street
for the purpose of washing, greasing, repairing, and/or maintaining
the vehicle or equipment, except for repairs necessitated by an emergency.
G. No
person shall stand or park any vehicle or equipment on any public
street, if such vehicle or equipment is determined by the enforcement
official to be leaking fluids such as oils or other fluids that contribute
or have the potential to contribute a discharge of pollutants to the
stormwater conveyance system and/or the receiving waters.
H. Other activities not covered by subsections
B,
C,
D,
E and
F of this section. In order to reduce the risk of contamination of stormwater, the discharge of non-stormwater or, pollutants to the city's stormwater conveyance system, the enforcement official may require the person conducting any activity not listed in subsections
B,
C and
D of this section, to implement best management practices to the maximum extent practicable, if the enforcement official determines that the activity has the potential to discharge pollutants or is known to discharge pollutants to the stormwater conveyance system or receiving waters.
I. Stormwater
Management Plan (SWMP). Any project issued a development permit shall
comply with all applicable best management practices and low impact
development (LID) requirements of the municipal code, standard urban
stormwater mitigation plan (SUSMP) or BMP Design Manual, city standards
and this code including, but not limited to, the following:
1. All
development permit applications for priority development projects
shall be accompanied by a SWMP prepared pursuant to the SUSMP or BMP
Design Manual. No development permit shall be approved or issued unless
the following requirements have been met:
a. The City Engineer has approved the SWMP in accordance with the SUSMP
or BMP Design Manual; and
b. The development project complies with all best management practices
specified in the approved SWMP.
2. No
development permit shall be issued for a priority development project
without ensuring that all structural treatment control best management
practices, as specified in the approved SWMP, will be maintained in
compliance with the requirements of the municipal permit, JRMP and
SUSMP or BMP Design Manual. To ensure maintenance of the structural
treatment control best management practices, the owner of the development
site shall enter into a permanent stormwater quality best management
practices maintenance agreement or provide an alternate maintenance
mechanism as approved by the enforcement official.
(Ord. NS-880 § 1, 2008; Ord. CS-278, 2015)
Any person owning or occupying any premises who has knowledge
of any release of materials, pollutants or waste which may result
in pollutants or non-stormwater discharges entering any stormwater
conveyance system shall immediately take all reasonable action to
contain, minimize, and clean up such release. Such person shall notify
the City of Carlsbad of the occurrence and any other appropriate federal,
state or county agency of the occurrence as soon as possible, but
no later than 24 hours from the time of the incident's occurrence.
(Ord. NS-880 § 1, 2008)
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter is unlawful and shall constitute
a separate violation of this chapter.
(Ord. NS-880 § 1, 2008)
The enforcement agency and enforcement official can exercise any code enforcement powers and procedures as provided in Title
1 of this code. In addition to the general enforcement powers and procedures provided in Title
1 of this code, the enforcement agency and enforcement official have the authority to utilize the following administrative remedies as may be necessary to enforce this chapter:
A. Cease
and Desist Orders. When the enforcement official finds that a discharge
has taken place or is likely to take place in violation of this chapter,
the enforcement official may issue an order to cease and desist such
discharge, practice, or operation likely to cause such discharge and
direct that those persons not complying shall:
1. Comply
with the applicable provisions and policies of this chapter;
2. Comply
with a time schedule for compliance; and
3. Take
appropriate remedial or preventive action to prevent the violation
from recurring.
B. Notice
to Clean, Test and/or Abate. Whenever the enforcement official finds
any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish,
refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land
or grounds, which may result in an increase in pollutants entering
the city's stormwater conveyance system or a non-stormwater discharge
to the city's stormwater conveyance system, the enforcement official
may issue orders and give written notice to remove same in any reasonable
manner. The recipient of such notice shall undertake the activities
as described in the notice.
C. Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this chapter, the enforcement official may order the work stopped
by notice in writing served on any person engaged in performing or
causing such work to be done, and any such person shall immediately
stop such work until authorized by the enforcement official to proceed
with the work.
D. Permit
or License Suspension, Denial or Revocation. Violations of this chapter
may be grounds for permit or license suspension or revocation, including,
but not limited to, building permits, right-of-way permits, grading
permits and conditional use permits.
E. Civil Penalties. Any person who violates any of the provisions of this chapter, fails to prepare or implement a corrective action plan when requested by the enforcement official, fails to implement a storm-water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a stormwater pollution prevention plan as directed by the enforcement official shall be liable for a civil penalty not to exceed $2,500.00 for each day such a violation exists. The responsible party shall be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation, for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the enforcement agency may utilize the lien procedures listed in subsection
F to enforce the responsible party's liability. The responsible party may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
F. The
enforcement official shall take all appropriate legal steps to collect
these obligations, including referral to the City Attorney for commencement
of a civil action to recover said funds. If collected as a lien, the
enforcement official shall cause a notice of lien to be filed with
the County Recorder, inform the county auditor and County Recorder
of the amount of the obligation, a description of the real property
upon which the lien is to be recovered, and the name of the agency
to which the obligation is to be paid. Upon payment in full, the enforcement
official shall file a release of lien with the County Recorder.
G. Environmental
Code Enforcement Civil Penalties Fund. Civil penalties collected pursuant
to this chapter shall be deposited in the environmental code enforcement
civil penalties fund as established by the City Manager for the enhancement
of the city's code enforcement efforts, environmental public outreach
or education, environmental improvement grants, and/or to reimburse
city departments for investigative costs and costs associated with
the hearing process that are not paid by the responsible party. Civil
penalties deposited in this fund shall be appropriated and allocated
in a manner determined by the City Manager. The city auditor shall
establish accounting procedures to ensure proper account identification,
credit and collection.
(Ord. NS-880 § 1, 2008)
In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the enforcement official in accordance with the procedures identified in Chapter
6.16. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the city, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of the property and shall be a lien upon and against the property in accordance with the procedures set forth in Section
15.12.150(F).
(Ord. NS-880 § 1, 2008)
Remedies set forth in this chapter are not exclusive but are
cumulative to all other civil and criminal penalties provided by law,
including, but not limited to, penalty provisions of the Federal Clean
Water Act and/or the state Porter-Cologne Water Quality Control Act.
The Porter-Cologne Water Quality Control Act is California
Water Code
Section 13000 et seq., and any future amendments. The seeking of such
federal and/or state remedies shall not preclude the simultaneous
commencement of proceedings pursuant to this chapter.
(Ord. NS-880 § 1, 2008)