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.
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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:
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.
means the Health Officer of the County of San Diego Department
of Public Health or designee.
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:
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;
Proper handling of all materials and wastes to prevent spillage;
Mitigation of spills including spill response, containment and
cleanup procedures;
Visual monitoring of all effluent streams to ensure illicit
discharges do not enter the stormwater conveyance system;
Discussion of the differences between the stormwater conveyance
system and the sanitary sewer system;
Identification of all on-site connections to the stormwater
conveyance system;
Preventive maintenance and good housekeeping procedures;
Material management practices employed by the facility to reduce
or eliminate pollutant contact with stormwater discharge; and
Documentation of training and records detailing dates, time,
subjects covered and attendance.
means the City of Carlsbad or its authorized agents charged
with ensuring compliance with this chapter.
means the City Manager of the City of Carlsbad or designee.
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.
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.
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.).
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.
means any building, lot parcel, real estate, land or portion
of land whether improved or unimproved.
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.
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:
A.
Sewage;
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;
4.
Discharges
from springs;
5.
Discharges
from riparian habitats and wetlands;
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:
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);
6.
Disposal
of pet waste;
7.
Storage
and disposal of green waste;
8.
Mobile
carpet, drape or furniture cleaning;
9.
Pool,
spa, jacuzzi, or fountain cleaning, servicing, or repair;
10.
Pest control;
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.
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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:
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)
A.
Every
person owning property through which a stormwater conveyance system
passes, and such person's lessee or tenant, shall keep and maintain
that part of the stormwater conveyance system within the property
free of trash, debris, excessive vegetation, and other obstacles which
would pollute, contaminate or significantly retard the flow of water
through the stormwater conveyance system.
B.
Every
person shall maintain privately owned stormwater conveyance structures
within or adjacent to a stormwater conveyance system, so that such
structures do not become a hazard to the use, function or physical
integrity of the stormwater conveyance system.
C.
Every
person shall not remove healthy banks of vegetation beyond that actually
necessary for such maintenance which shall be accomplished in a manner
that minimizes the vulnerability of the stormwater conveyance system
to erosion; and shall be responsible for maintaining that portion
of the stormwater conveyance system that is within their property
lines in order to protect against erosion and degradation of the stormwater
conveyance system originating or contributed from their property.
D.
No
person shall commit or cause to be committed any of the following
acts, unless a written permit has first been obtained from the city
and the appropriate state or federal agencies, if applicable:
1.
Discharge
pollutants into or connect any pipe or channel to the stormwater conveyance
system;
2.
Modify
the natural flow of water in a stormwater conveyance system;
3.
Carry
out developments within 30 feet of the center line of any stormwater
conveyance system or 20 feet of the edge of a stormwater conveyance
system, whichever is the greater distance;
4.
Deposit
in, plant in, or remove any material from a stormwater conveyance
system including its banks except as required for necessary maintenance;
5.
Construct,
alter, enlarge, connect to, change or remove any structure in a stormwater
conveyance system;
6.
Place
any loose or unconsolidated material along the side of or within a
stormwater conveyance system or so close to the side as to cause a
diversion of the flow, or to cause a probability of such material
being carried away by stormwaters passing through such a stormwater
conveyance system.
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The above requirements do not supersede any requirements set
forth by the California Department of Fish and Game Stream Alteration
Permit process.
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(Ord. NS-880 § 1, 2008)
A.
Every
person owning property which includes a structural treatment control
best management practice (BMP), installed pursuant to a city approved
stormwater management plan, shall:
1.
Insure
that each and every city-approved structural treatment control BMP
is operating effectively and has been adequately maintained; and
2.
Provide
an annual verification of the effective operation and maintenance
of each and every city-approved structural treatment control BMP by
the party responsible for the maintenance of the structural treatment
control BMP. The annual verification shall be submitted to the enforcement
official in a format as approved by the city prior to the start of
the rainy season.
(Ord. NS-880 § 1, 2008)
A.
During
normal and reasonable hours of operation, the enforcement official
shall have the authority to conduct an inspection to enforce the provisions
of this chapter, and to ascertain whether the requirements of this
chapter are being met. The enforcement official has the authority
to inspect all publicly visible and accessible areas during reasonable
times without the permission of the property owner or representative,
as long as those areas are not specifically designated as no public
access areas. If inaccessible or limited access areas are to be inspected,
an inspection may be conducted after the enforcement official has
presented the proper credentials and the owner, occupant, and or facility
operator authorizes entry. If the enforcement official is unable to
locate the owner or other persons having charge or control of the
premises, or the owner, occupant, and/or facility operator refuses
the request for entry, the City of Carlsbad is empowered to seek assistance
from any court of competent jurisdiction in obtaining entry.
B.
After
obtaining authorized entry to a business or facility, the enforcement
official may:
1.
Inspect
the premises at all reasonable times.
2.
Carry
out any sampling activities or install devices to conduct sampling
or metering operations necessary to enforce this chapter, including
taking samples from the property which the enforcement official reasonably
believes is currently, or has in the past, caused or contributed to
causing an illegal stormwater discharge to the stormwater conveyance
system. Upon request by the property owner or authorized representative,
split samples shall be given to the person from whose property the
samples were obtained.
3.
Conduct
tests, analyses and evaluations to determine whether a discharge of
stormwater is an illegal discharge or whether the requirements of
this chapter are met.
4.
Photograph
any effluent stream, material or waste, material or waste container,
container label, vehicle, waste treatment process, waste disposal
site connection, or condition believed to contribute to stormwater
pollution or constitute a violation of this chapter.
5.
Review
and obtain a copy of the industrial activity stormwater pollution
prevention plan, the hazardous materials release response plan and
inventory, and/or any other documents, permits, manifests, logs or
records that may be required of the facility from local, state or
federal laws, regulations or codes in order to conduct operations
or business on the premises.
6.
Require
the facility operator to retain evidence, as instructed by the enforcement
official, for a period not to exceed 30 days.
7.
Review
and obtain copies of all stormwater monitoring data compiled by the
facility, if such monitoring is required of the facility.
(Ord. NS-880 § 1, 2008)
A.
During
the inspection, the enforcement official shall comply with all reasonable
security, safety, and sanitation measures. In addition, the enforcement
official shall comply with reasonable precautionary measures specified
by the owner and/or occupant or facility operator.
B.
At
the conclusion of the inspection, and prior to leaving the site, the
enforcement official shall make every reasonable effort to review
with the owner and/or occupant or the facility operator each of the
violations noted by the enforcement official and any corrective actions
that may be necessary. A report listing any violation found by the
enforcement official during the inspection shall be kept on file by
the enforcement agency. An inspection report shall be provided to
the owner and/or occupant or facility operator, or left at the premises
after being signed by a designated representative of the facility.
If corrective action is required, then the occupant, facility owner,
and/or facility operator shall implement corrective action plan based
upon a written corrective action plan. The corrective action plan
shall be submitted to the enforcement agency for review and approval
and should state the corrective actions to be taken and the expected
dates of completion. Failure to implement a corrective action plan
constitutes a violation of this chapter.
C.
All
enforcement officials shall have adequate identification. Enforcement
officials and other authorized personnel shall identify themselves
when entering any property for inspection purposes or when inspecting
the work of any contractor.
D.
With
the consent of the property owner or occupant, or pursuant to a search
warrant, the enforcement official is authorized to establish on any
property that discharges directly or indirectly to the municipal stormwater
conveyance system such devices as are necessary to conduct sampling
or metering operations. During all inspections as provided herein,
the enforcement official may take samples of materials, wastes, and/or
effluent as deemed necessary to aid in the pursuit of the investigation
or in the recordation of the activities onsite.
(Ord. NS-880 § 1, 2008)
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)
A.
The
enforcement official may require that any person engaged in any activity
and/or owning or operating any facility which causes or contributes
to stormwater pollution or contamination, illegal discharges, prohibited
discharges and/or discharge of non-stormwater to the stormwater conveyance
system perform monitoring, including physical and chemical monitoring
and/or analyses and furnish reports as the enforcement official may
specify if:
1.
The
person, or facility owner or operator, fails to eliminate illegal
or prohibited discharges within a specified time after receiving a
written notice to do so by the enforcement official;
2.
The
enforcement official has documented repeated violations of this chapter
by the person or facility owner or operator which has caused or contributed
to stormwater pollution.
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It is unlawful for such person or facility owner or operator
to fail or refuse to undertake and provide the monitoring, analyses,
and/or reports specified. Specific monitoring criteria shall bear
a relationship to the types of pollutants which may be generated by
the person's activities or the facility's operations. If the enforcement
agency has evidence that a pollutant is originating from a specific
source or premises, then the enforcement agency may require monitoring
for that pollutant regardless of whether said pollutant may be generated
by routine activities or operations. The person or facility owner
or operator shall be responsible for all costs of these activities,
analyses and reports.
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B.
Any persons required to monitor pursuant to subsection A of this section, shall implement a stormwater monitoring program including, but not limited to, the following:
1.
Routine
visual monitoring for dry weather flows;
2.
Routine
visual monitoring for spills which may pollute stormwater runoff;
3.
A
monitoring log including monitoring date, potential pollution sources,
as noted in paragraphs 1 and 2 of this subsection, and a description
of the mitigation measures taken to eliminate any potential pollution
sources;
4.
All
samples must be collected using approved procedures and guidelines
as set forth by federal Environmental Protection Agency (EPA) approved
protocols; and
5.
The
samples must be analyzed by a State of California certified laboratory
qualified to undertaken such analyses.
C.
The
enforcement official may require a person, or facility owner or operator,
to install or implement stormwater pollution reduction or control
measures, including, but not limited to, process modification to reduce
the generation of pollutants if:
1.
The
person, or facility owner or operator fails to eliminate illegal or
prohibited discharges after receiving a written notice from the enforcement
official;
2.
The
person, or facility owner or operator, fails to implement a stormwater
pollution prevention plan, as required by the enforcement official;
or
3.
The
enforcement official has documented repeated violations of this chapter
by any such person or facility owner or operator which has caused
or contributed to stormwater pollution.
E.
A stormwater
monitoring program prepared and implemented pursuant to any state-issued
NPDES general permit shall be deemed to meet the requirements of a
monitoring program for the purposes of this chapter.
(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:
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)
A.
Unless
otherwise provided herein, any notice required to be given by the
enforcement official under this chapter shall be in writing and served
in person or by registered or certified mail. If served by mail, the
notice shall be sent to the last address known to the enforcement
official. Where the address is unknown, service may be made upon the
owner of record of the property involved. Such notice shall be deemed
to have been given at the time of deposit, postage prepaid, in a facility
regularly serviced by the United States Postal Service whether or
not the registered or certified mail is accepted.
B.
When
the enforcement official determines that a violation of one or more
provisions of this chapter exists or has occurred, any violator(s)
or property owner(s) of record shall be served by the enforcement
official with a written notice and order. The notice and order shall
state the municipal code section violated, describe how violated,
the location and date(s) of the violation(s), and describe the corrective
action required. The notice and order shall require immediate corrective
action by the violator(s) or property owner(s) and explain which method(s)
of administrative enforcement are being utilized by the enforcement
official: cease and desist order, notice to clean and abate, establishment
of a stormwater pollution prevention plan, and/or establishment of
an employee training program. The notice and order shall also explain
the consequences of failure to comply, including that civil penalties
shall begin to immediately accrue if compliance is not achieved within
10 days from the date the notice and order is issued. The notice and
order shall identify all hearing rights. The enforcement official
may propose any enforcement action reasonably necessary to abate the
violation.
C.
If
the violation(s) is not corrected within 10 days from the date the
notice and order is issued, the enforcement official shall request
the City Manager to appoint a hearing officer and fix a date, time,
and place for hearing. The enforcement official shall give written
notice thereof to the violator(s) or owner(s) of record, at least
10 days prior to the date for hearing.
1.
The
hearing officer shall consider any written or oral evidence presented
to determine whether the violation(s) exists, a corrective action
plan should be required, a cease and desist order should be required,
a notice to clean and abate should be required, a stormwater pollution
prevention plan should be required, an employee training program should
be required, and/or civil penalties should be imposed, consistent
with rules and procedures for the conduct of hearings and rendering
of decisions established and promulgated by the City Manager.
2.
In
determining whether action should be taken or the amount of a civil
penalty to be imposed, the hearing officer may consider any of the
following factors:
a.
Duration of the violation(s).
b.
Frequency or recurrence.
c.
Seriousness.
d.
History.
e.
Violator's conduct after notice and order.
f.
Good faith effort to comply.
g.
Economic impact of the penalty on the violator(s).
h.
Impact of the violation on the community.
i.
Any other factor which justice may require.
3.
If
the violator(s) or owner(s) of record fail to attend the hearing,
it shall constitute a waiver of the right to a hearing and adjudication
of all or any portion of the notice and order.
4.
The
hearing officer shall render a written decision within 10 days of
the close of the hearing, including findings of fact and conclusions
of law, identifying the time frame involved and the factors considered
in assessing civil penalties, if any. The decision shall be effective
immediately unless otherwise stated in the decision. The hearing officer
shall cause the decision to be served on the enforcement official
and all participating violators or owners of record.
5.
If
the persons assessed civil penalties fail to pay them within the time
specified in the hearing officer's decision, the unpaid amount constitutes
either a personal obligation of the person assessed or a lien upon
the real property on which the violation occurred, in the discretion
of the enforcement official. If the violation(s) is not corrected
as directed the civil penalty continues to accrue on a daily basis.
Civil penalties may not exceed $100,000.00 in the aggregate. When
the violation is subsequently corrected, the enforcement official
shall notify the violator(s) and/or owner(s) of record of the outstanding
civil penalties and provide an opportunity for hearing if the amount(s)
is disputed within 10 days from such notice.
6.
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.
(Ord. NS-880 § 1, 2008)
A.
Criminal
Penalties. Any person who violates any provision of this chapter or
who fails to implement a stormwater monitoring plan, violates any
cease and desist order or notice to clean and abate, or fails to adopt
or implement stormwater pollution prevention plans or employee training
programs as directed by the enforcement official shall be punished,
upon conviction, by a fine not to exceed $1,000.00 for each day in
which such violation occurs, or imprisonment in the San Diego County
jail for a period not to exceed six months, or both.
B.
Injunction/Abatement
of Public Nuisance. Whenever a discharge into the stormwater conveyance
system is in violation of the provisions of this chapter or otherwise
threatens to cause a condition of contamination, pollution, or nuisance,
the enforcement official may also cause the city to seek a petition
to the Superior Court for the issuance of a preliminary or permanent
injunction, or both, or an action to abate a public nuisance, as may
be appropriate in restraining the continuance of such discharge.
C.
Other
Civil Action. Whenever a notice and order, notice of determination,
hearing officer's decision or City Council's decision is not complied
with, the City Attorney may, at the request of the enforcement official,
initiate any appropriate civil action in a court of competent jurisdiction
to enforce such notice and order and decision, including the recovery
of any unpaid storm drain fees and/or civil penalties provided herein.
(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)
