Note: Editor’s note-Section 1 of Ord. No. 1062,
adopted February 5, 2019, amended and restated Ch. 14 in its entirety
to read as herein set out. Former Ch. 14 pertained to the same subject
matter and derived from Ord. Nos. 979, 891 and 799.
(a)
The
Clean Water Act [33 USC Section 1251 et seq., as amended, including
Section 402(p) therein] and the Porter-Cologne Water Quality Control
Act (Cal. Water Code § 13000 et seq., as amended) mandate,
in part, that municipal separate storm sewer systems, such as in Orange
County, obtain permits to “effectively prohibit nonstormwater
discharges into the storm sewers” and “require controls
to reduce the discharge of pollutants to the maximum extent practicable …”
This permitting authority has been delegated by the United States
Environmental Protection Agency (EPA) to the State of California,
which has authorized the State Water Resources Control Board and its
local regulatory agencies, the Regional Water Quality Control Boards,
to control nonpoint source discharges to California’s waterways.
(b)
The
San Diego Regional Water Quality Control Board has addressed the obligation
to implement the Clean Water Act by issuing waste discharge requirements
governing stormwater runoff for the County, Orange County Flood Control
District and the incorporated cities of Orange County. These permits
shall be referred to collectively herein as the National Pollution
Discharge Elimination System Permit or “NPDES Permits.”
(c)
The
City is participating as a “co-permittee” under the NPDES
permits in the development and adoption of an ordinance to accomplish
the requirements of the Clean Water Act.
(d)
Runoff
is one step in the cycle of water. However, human activities, such
as agriculture, construction and the operation and maintenance of
an urban infrastructure may result in undesirable discharges of pollutants
and certain sediments, which may accumulate in local drainage channels
and waterways and eventually may be deposited in the waters of the
United States.
(e)
The
general purpose of this chapter is to protect the health and safety
of the waters of the State of California and the United States, for
those who use the waters for recreation and food sources, and for
the marine habitats and ecosystems existing in the waters by:
(1)
Effectively prohibiting nonstormwater discharges into the stormwater
drainage system;
(2)
Reducing pollutant loads in surface runoff, including in stormwater,
to the maximum extent practicable;
(3)
Establishing minimum requirements for surface runoff management,
including source control requirements, to prevent and reduce pollution;
(4)
Establishing requirements for development and redevelopment project
site designs to reduce surface runoff pollution and erosion; and
(5)
Establishing requirements for the management of surface runoff flows
from development and redevelopment projects, both to prevent erosion
and to protect and enhance existing water-dependent habitats.
(f)
The
intent of this chapter is to enhance and protect the water quality
of waters of the State and the United States in a manner that is consistent
with the Clean Water Act and State law.
(Ord. No. 1062, § 1, 2019)
As used in this chapter:
shall mean the Director of Engineering and persons designated
by and under his or her instruction and supervision, who are assigned
or contracted to investigate compliance with, detect violations of
and/or take actions pursuant to this chapter.
shall mean schedules of activities, pollution treatment practices
or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, operation and maintenance
procedures and other management practices or devices to prevent or
reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters or the stormwater drainage system. BMPs may be structural
or nonstructural, and include, but are not limited to, site design,
source control, treatment control, and natural design methods. BMPs
may include any type of pollution prevention and control measure that
can help to achieve compliance with this chapter.
shall mean the City of San Juan Capistrano, Orange County,
California.
shall mean the County of Orange, the Orange County Flood
Control District, and/or any one of the municipalities, including
the City of San Juan Capistrano, which are responsible for compliance
with the terms of the NPDES permit.
shall mean the Orange County Drainage Area Management Plan,
including the City’s adopted JRMP, as the same may be amended
from time to time.
shall mean any release, spill, leak, pump, flow, escape,
leaching (including subsurface migration or deposition to groundwater),
dumping or disposal of any liquid, semisolid or solid substance.
shall mean the group of activities not prohibited by this chapter as set forth in this definitions section and Section 8-14.104. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
shall mean the City Attorney or District Attorney acting
as counsel to the City of San Juan Capistrano and designee, which
counsel is authorized to take enforcement action as described herein.
For purposes of criminal prosecution, only the District Attorney and/or
City Attorney shall act as the enforcing attorney.
shall mean the Environmental Protection Agency of the United
States.
shall mean the actual costs and expenses of the City, including, but not limited to, administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to this chapter, or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 8-14.110 of this chapter is utilized to obtain compliance with this chapter.
shall mean any manmade conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant
to the stormwater drainage system occurs or may occur. The term “illicit
connection” shall not include legal nonconforming connections
or connections to the stormwater drainage system that are hereinafter
authorized by the agency with jurisdiction over the system at the
location at which the connection is made.
shall mean the City of San Juan Capistrano Stormwater Local
Implementation Plan, including all appendices, as the same may be
amended or revised from time to time. The JRMP is the document detailing
the City’s local implementation of the DAMP, and is equivalent
to the “Jurisdictional Urban Runoff Management Plan” as
defined in the NPDES permit.
shall mean connections to the stormwater drainage system
existing as of the adoption of the ordinance codified in this section
that were in compliance with all Federal, State and local rules, regulations,
statutes and administrative requirements in effect at the time the
connection was established, including, but not limited to, any discharge
permitted pursuant to the terms and conditions of an individual discharge
permit issued pursuant to the Waste Discharge Pretreatment and Source
Control Program, City Ordinance No. 791.
shall mean all public and private residential (whether single-family,
multi-unit or planned unit development), industrial, commercial, retail,
and other nonresidential construction projects, or mass grading for
future construction, for which either a discretionary land use approval,
grading permit, building permit or nonresidential plumbing permit
is required.
shall mean the currently applicable municipal discharge permit
issued by the California Regional Water Quality Control Board, San
Diego Region, which permit establishes waste discharge requirements
applicable to stormwater runoff in the City.
shall mean any natural person as well as any corporation,
partnership, government entity or subdivision, trust, estate, cooperative
association, joint venture, business entity, or other similar entity,
or the agent, employee or representative of any of the above.
means any liquid, solid, or semi-solid substances, or combination
thereof, as that terms is used or defined in the Clean Water Act (33
U.S.C. § 1251, et seq., or Porter-Cologne Water Quality
Control Act (Cal. Water Code, § 13000 et seq.) or any order
issued pursuant to those laws.
means new development and redevelopment projects defined
under Provision E.3.b of the City’s NPDES permit.
shall mean any real property, irrespective of ownership,
which is not open to the general public.
shall mean any discharge, which is not composed entirely
of stormwater or which contains any pollutant, from public or private
property to: (1) the stormwater drainage system; (2) any upstream
flow, which is tributary to the stormwater drainage system; (3) any
groundwater, river, stream, creek, wash or dry weather arroyo, wetlands
area, marsh, coastal slough; or (4) any coastal harbor, bay, or the
Pacific Ocean. The term “prohibited discharge” shall not
include: (i) discharges occurring in compliance with the NPDES permit,
(ii) discharges occurring pursuant to a state general permit or other
Regional Water Quality Control Board, State Water Resources Control
Board or U.S. Environmental Protection Agency issued NPDES permit
or permit waiver, or (iii) discharges allowable under the discharge
exception.
means the creation, addition, and or replacement of impervious
surface on an already developed site. Examples include the expansion
of a building footprint, road widening, the addition to or replacement
of a structure, and creation or addition of impervious surfaces. Replacement
of impervious surfaces includes any activity that is not part of a
routine maintenance activity where impervious material(s) are removed,
exposing underlying soil during construction. Redevelopment does not
include trenching and resurfacing associated with utility work; resurfacing
existing roadways; new sidewalk construction, pedestrian ramps, or
bike lane on existing roads; and routine replacement of damaged pavement,
such as pothole repair.
shall mean the person(s) identified in and responsible for
compliance with the provisions of a water quality management plan
approved by the City.
shall mean either the Waste Discharge Requirements for Discharges
of Stormwater Associated With Industrial Activities Excluding Construction
Activities Permit (State Industrial General Permit) or the National
Pollutant Discharge Elimination System (NPDES) General Permit for
Stormwater Discharges Associated With Construction and Land Disturbance
Activities (State Construction General Permit) and the terms and requirements
of either or both. In the event the U.S. Environmental Protection
Agency revokes the in-lieu permitting authority of the State Water
Resources Control Board, then the term “State General Permit”
shall also refer to any EPA administered stormwater control program
for industrial and construction activities.
means street gutter, channel, storm drain, constructed drain,
lined diversion structure, wash area, inlet, outlet or other facility,
which is a part of or tributary to the countywide stormwater runoff
system and owned, operated, maintained or controlled by County of
Orange, the Orange County Flood Control District or any co-permittee
city and used for the purpose of collecting, storing, transporting,
or disposing of stormwater.
(Ord. No. 1062, § 1, 2019)
(a)
It
is unlawful for any person to:
(1)
Discharge non-stormwater or any pollutant to the City’s stormwater
drainage system except in compliance with the requirements of this
chapter.
(2)
Construct, maintain, operate or use any illicit connection.
(3)
Cause, permit, allow or facilitate any prohibited discharge.
(4)
Act, cause, permit or suffer any agent, employee, or independent
contractor to construct, maintain, operate or utilize any illicit
connection, or cause, allow or facilitate any prohibited discharge.
(5)
Discharge any material into the stormwater drainage system, or any
water body 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.
(b)
Any
owner or operator of an illicit connection must immediately cause
the connection to be removed or eliminated.
(c)
A
civil or administrative violation of this section occurs irrespective
of the negligence or intent of the violator to construct, maintain,
operate or utilize an illicit connection or to cause, allow or facilitate
any prohibited discharge.
(d)
If
an authorized inspector reasonably determines that a discharge, which
is otherwise within the discharge exception, may adversely affect
the beneficial uses of receiving waters, then the authorized inspector
may give written notice to the owner of the property or facility that
the discharge exception does not apply to the subject discharge upon
delivery of the notice.
(Ord. No. 1062, § 1, 2019)
(a)
Notwithstanding the prohibitions in Section 8-14.103, the following non-stormwater discharges are conditionally permitted if they comply with the following requirements:
(1)
Any discharge to the stormwater drainage system that is regulated
under an NPDES permit issued to the discharger and administered by
the State of California pursuant to Division 7 of the California Water
Code is conditionally allowed, provided the discharger is in compliance
with all requirements of the NPDES permit, waste discharge requirement,
and other applicable laws and regulations.
(2)
The following non-stormwater discharges to the stormwater discharge
system are allowed only if: (i) the discharger obtains coverage under
an NPDES permit issued by the Regional Board for the discharge or
the Regional Board determines in writing that coverage under an NPDES
permit is not required; and (ii) the discharger is in compliance with
all requirements of the applicable NPDES permit, waste discharge requirement,
waiver, or other conditions imposed by the Regional Board, and all
other applicable laws and regulations. Otherwise, non-stormwater discharges
from the following categories are illicit discharges:
(i)
Discharges from uncontaminated pumped groundwater;
(ii)
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;
(iii)
Discharges from crawl space pumps;
(iv)
Discharges from footing 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;
(v)
Water line flushing and water main breaks;
(vi)
Discharges from recycled or reclaimed water lines.
(3)
Non-stormwater discharges to the stormwater drainage system from
the following categories are conditionally allowed, unless the City
or Regional Board identifies the discharge as a source of pollutants
to the stormwater drainage system or receiving waters:
(i)
Discharges from diverted stream flows;
(ii)
Discharges from rising groundwater;
(iii)
Discharges from uncontaminated groundwater infiltration to the
stormwater discharge system;
(iv)
Discharges from springs;
(v)
Discharges from riparian habitats and wetlands;
(vi)
Discharges from potable water sources, except discharges from
water lines requiring an NPDES permit, as set forth in subsection
(a)(2) of this section.
(4)
Non-stormwater discharges from the following categories are conditionally
allowed if they are addressed with BMPs as set forth in the DAMP and
JRMP. Otherwise, non-stormwater discharges from the following categories
are illicit discharges:
(5)
Non-stormwater discharges to the stormwater drainage system from
firefighting activities are conditionally allowed if they are addressed
as follows:
(i)
Non-emergency firefighting discharges. Non-emergency firefighting
discharges, including building fire suppression system maintenance
discharges (e.g., sprinkler line flushing), controlled or practice
blazes, training, and maintenance activities must be addressed by
BMPs as set forth in the DAMP and JRMP to prevent the discharge of
pollutants to the stormwater discharge system.
(ii)
Emergency firefighting discharges. During emergencies, priority
of efforts should be directed toward life, property, and the environment.
Emergency firefighting discharges must be addressed by BMPs that do
not interfere with emergency response operations or impact public
health and safety.
(b)
Notwithstanding the categories of non-stormwater discharges conditionally allowed by subsection (a), if the City or Regional Board determines that any of these otherwise conditionally allowed non-stormwater discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges are prohibited from entering the stormwater drainage system.
(Ord. No. 1062, § 1, 2019)
(a)
All
new development and redevelopment. All development projects within
the City must be undertaken in compliance with the following:
(1)
Any person proposing a development project in the City, regardless
of whether a permit is required for such work, must effectively prohibit
pollutants from entering the stormwater conveyance system by complying
with all applicable local ordinances and the DAMP and JRMP. To the
extent any requirements in an applicable NPDES permit, design manual,
or plan conflict with any other provision of this chapter, the requirement
that is most protective of the environment prevails. At a minimum:
(i)
On-site BMPs must be located so as to remove pollutants from runoff
prior to discharging to any receiving waters or to the stormwater
conveyance system, and be located as close to the source as possible
and must be designed and implemented to avoid creating nuisance or
additional pollutant sources, including those associated with vectors;
and
(ii)
Structural BMPs must not be constructed within waters of the
United States; and
(iii)
Source control, low impact development BMPs must be implemented
where applicable and feasible.
(2)
Prior to the issuance by the City of a grading permit or building
permit for any new development or redevelopment, the project applicant
must submit project plans demonstrating compliance with all applicable
local ordinances, the CASQA standards, and the City’s DAMP and
JRMP. At a minimum, the following requirements apply to all new development
and redevelopment:
(i)
The owner or applicant of a new development or redevelopment project
must submit a stormwater quality management plan in accordance with
the DAMP and JRMP. The plan must describe the manner in which BMPs
required by this chapter will be implemented and maintained.
(ii)
All new development and redevelopment projects must be designed,
constructed, and maintained to employ post-construction BMPs, consistent
with the DAMP and JRMP.
(3)
The owner of a new development or redevelopment project, or upon
transfer of the property, its successors and assigns, must implement
and adhere to the terms, conditions and requirements imposed pursuant
to this chapter and any permit or other authorization or mechanism
imposing conditions pursuant to this chapter. Failure by the owner
of the property or its successors or assigns to implement and adhere
to the terms, conditions and requirements imposed pursuant to this
section constitutes a violation of this chapter.
(4)
The property owner must record the WQMP for the development or a
notice of the WQMP with the Orange County Clerk-Recorder’s office.
The Director may, in the Director’s sole discretion, accept
an alternative mechanism for the ongoing long-term maintenance of
all structural BMPs.
(b)
Priority development projects (PDP). In addition to the requirements in subsection (b)(3), PDPs are subject to the following requirements:
(2)
The owner or applicant of a PDP must install and implement BMPs in
accordance with the requirements of this chapter prior to receiving
final approval of the project or as otherwise specified in the conditions
of approval, including the following:
(i)
All PDPs must be designed, constructed, and maintained to employ
post-construction BMPs consistent with the DAMP and JRMP, including,
but not limited to, the following:
(A)
Low impact development BMPs designed to retain (intercept, store,
infiltrate, evaporate, and evapotranspire) on-site the pollutants
contained in the volume of stormwater runoff produced from a 24 hour
85th percentile storm event (design capture volume). If applicant
demonstrates, to the Director’s satisfaction, that onsite retention
is not technically feasible, biofiltration or flow-thru BMPs may be
used in accordance with the following:
1.
Biofiltration BMPs must be designed to have an appropriate hydraulic
loading rate to maximize stormwater retention and pollutant removal;
prevent erosion, scour, and channeling within the BMP; and be sized
to treat one and one-half (1.5) times the design capture volume not
reliably retained on site.
2.
If biofiltration BMPs are not technically feasible, flow thru
treatment control BMPs may be used; provided however, that such BMPs
must treat the design capture volume not reliably retained on site
and must be sized and designed in accordance with the requirements
of the NPDES permit and DAMP and JRMP.
(B)
Hydromodification management BMPs that are sized and designed
such that post-project runoff conditions (flow rates and durations)
will not exceed the pre-development runoff conditions by more than
10% (for the range of flows that result in increased potential for
erosion or degraded instream habitat downstream of the priority development
project). A PDP may be exempt from the hydromodification management
BMP requirements in this subsection, at the discretion of the Director,
where the project discharges water to any of the following: existing
underground storm drains that discharge directly to water storage
reservoirs, lakes, enclosed embayments, or the Pacific Ocean; conveyance
channels whose bed and bank are concrete lined from the point of discharge
to the water storage reservoir, lake, enclosed embayment, or the Pacific
Ocean; or an area the City deems appropriate for an exemption pursuant
to any Watershed Management Area Analysis incorporated into an applicable
Water Quality Improvement Plan accepted by the Regional Board.
(3)
All PDPs must avoid critical course sediment yield areas identified
by the City or in any Watershed Management Area Analysis accepted
by the Regional Water Board unless measures are implemented that allow
for no net impact from critical coarse sediment to the receiving water
and comply with the DAMP and JRMP.
(4)
As a condition of development, the owner of PDPs must, prior to occupancy
of the development, enter into an agreement for maintenance of any
BMPs with the City. Except as otherwise provided in this chapter,
the agreement must be recorded to run with the land and be binding
upon the owner, heirs, and successors in interest to the project and
to any real property developed in conjunction with the project in
perpetuity. The agreement must include an annual requirement that
verification of the effective operation and maintenance of each approved
BMP be conducted by the owner. Maintenance must be performed by the
owner and certified to the City prior to each rainy season. The agreement
must also include a right of entry on the part of the City for the
purpose of inspecting and confirming the condition of permanent BMPs
and to perform maintenance or repairs where operation and maintenance
is not conducted in a proper or timely fashion.
(c)
The
project applicant must submit provide for and submit proof of the
ongoing long-term maintenance of all BMPs. Compliance with the conditions
and requirements of the DAMP and JRMP does not exempt any person from
the requirement to independently comply with each provision of this
chapter.
(d)
The
project applicant must reimburse the City for all costs and expenses
incurred by the City in the review of new development or significant
development projects for compliance with the DAMP. The City may elect
to require a deposit of estimated costs and expenses, and the actual
costs and expenses will be deducted from the deposit, and the balance,
if any, refunded to the project applicant.
(Ord. No. 1062, § 1, 2019)
(a)
PDP
applications. The applicant for every PDP must prepare and submit
to the City a WQMP. The City may require a fee, to be paid by the
project applicant, for review of the WQMP. The WQMP must include proposed
BMPs as specified in the NPDES permit and this chapter, and the WQMP
must be prepared in conformance with the JRMP, including the City’s
Model WQMP.
(b)
Compliance
with WQMP requirements. No applicant for a PDP may commence any land
disturbing activities in connection with the proposed project without
first submitting and obtaining the City’s approval of a WQMP
for the project. All WQMPs must be consistent with the City’s
Model WQMP, including demonstrating compliance with all applicable
WQMP requirements and low impact development and hydromodification
requirements provided for in the City’s JRMP.
(c)
Implementation
of WQMP. All best management practices set forth in the approved project
specific WQMP, including but not limited to, any applicable low impact
development requirements, must be implemented and maintained at all
PDPs, by the developer, owner, and/or other responsible party.
(Ord. No. 1062, § 1, 2019)
(a)
Construction and grading permits. In addition to the requirements set forth in Section 8-14.105, prior to issuance of any permit or authorization that allows the commencement of activities involving ground or soil disturbance that can potentially generate pollutants in stormwater runoff, the project proponent must:
(1)
Submit a pollution control plan, construction BMP plan, and/or an
erosion and sediment control plan, meeting the requirements of the
DAMP and JRMP;
(2)
Obtain and submit evidence of coverage under the statewide Construction
General Permit (State Water Resources Control Board Order No. 2009-0009-DWQ),
as amended or reissued, if applicable.
(b)
The
person in charge of each construction site must comply with all conditions
of the Construction General Permit and implement BMPs to prohibit
all discharges except for the stormwater and non-stormwater discharges
specifically authorized by a State General Permit or other NPDES permit.
BMPs must be site specific, seasonally appropriate, and construction
phase appropriate. Dry season BMP implementation must plan for and
address unseasonal rain events. At a minimum, BMPs must be selected
and implemented in accordance with the DAMP and JRMP. For those construction
sites that are tributary to impaired water bodies and/or that are
within or directly adjacent to or discharging directly to receiving
waters within environmentally sensitive areas, such BMPs must include
such additional controls as the authorized inspector may require.
(c)
Inspections.
Construction and grading sites, and discharges from such sites and
operations, are identified under the NPDES permit as creating increased
threats to water quality during the rainy season. The authorized inspector
is authorized to inspect each high priority construction site at least
once weekly during the rainy season, during normal business hours.
The authorized inspector may further inspect each medium/low priority
construction site, at least twice during the rainy season.
(d)
Cost
recovery. The project applicant must reimburse the City for all costs
and expenses incurred in the review of submissions required by this
section. The City may elect to require a deposit of estimated costs
and expenses, and deduct the actual costs and expenses from the deposit,
and refund the balance, if any, to the project applicant.
(Ord. No. 1062, § 1, 2019)
(a)
Each
owner, operator, or person in charge of day to day activities of any
site that has the potential to discharge a pollutant to the City’s
stormwater drainage system must implement those BMPs as may be designated
by the authorized inspector, City Engineer or Director. Properties
with a high potential threat of discharge may be required to implement
a monitoring program that meets standards as determined necessary
by the City.
(b)
Structural
BMP maintenance requirement. Every person owning or operating property
which includes a structural BMP, must comply with the following:
(1)
Ensure that every structural BMP is operating effectively and is
being adequately maintained.
(2)
Provide an annual verification of the effective operation and maintenance
of every structural BMP, maintain the annual verification records,
and provide the annual verification records to authorized enforcement
staff upon request.
(c)
Monitoring
programs. Every person owning property or conducting any activity,
operation or facility must implement any monitoring program that may
be required by the Director pursuant to the DAMP, JRMP, NPDES permit,
or any enforcement under this chapter.
(d)
Litter
control. No person shall discard any waste material, including, but
not limited to, common household rubbish or garbage of any kind (whether
generated or accumulated at a residence, business or other location),
upon any public or private property, whether occupied, open or vacant,
including, but not limited to, any street, sidewalk, alley, right-of-way,
open area or point of entry to the stormwater drainage system.
(e)
Every
person occupying or having charge and control of private property
on which a prohibited disposal of waste materials occurs must cause
the property collection and disposal of same. A prohibited disposal
of waste materials creates a danger to public health, safety and welfare,
and otherwise threatens the environment, surface waters and groundwater;
therefore, any owner or occupant of private property who fails to
remove waste material within a reasonable time may be charged with
creating a nuisance upon the property.
(Ord. No. 1062, § 1, 2019)
(a)
Right
to inspect. Except where exigent circumstances require immediate entry
or for annual inspections as required by the DAMP or JRMP, prior to
commencing any inspection pursuant to this chapter, the authorized
inspector shall obtain either the consent of the owner or occupant
of the property or shall obtain an administrative inspection warrant
or criminal search warrant. For inspections required by the DAMP,
JRMP, NPDES permit or enforcement action, the authorized inspector
may inspect a property or facility during normal business hours upon
24 hours’ written notice to the owner, operator, or person responsible
for the day to day activities of such property or facility.
(b)
Entry
to inspect. The authorized inspector may enter property to investigate
a violation or potential violation of this chapter; to inspect the
source of any discharge to any public street, inlet, gutter, storm
drain or the stormwater drainage system located within the jurisdiction
of the City; and to conduct an annual or followup inspection.
(c)
Compliance
assessments. The authorized inspector may inspect property for the
purpose of verifying compliance with this chapter, including, but
not limited to:
(1)
Identifying products produced, processes conducted, chemicals used
and materials stored on or contained within the property;
(2)
Identifying point(s) of discharge of all wastewater, process water
systems and pollutants;
(3)
Investigating the natural slope at the location, including drainage
patterns and manmade conveyance systems;
(4)
Establishing the location of all points of discharge from the property,
whether by surface runoff or through a storm drain system;
(5)
Locating any illicit connection or the source of prohibited discharge;
(6)
Evaluating compliance with any permit or order issued pursuant to
this chapter; and
(7)
Investigating the condition of any legal nonconforming connection.
(d)
Portable
equipment. For purposes of verifying compliance with this chapter,
the authorized inspector may inspect any vehicle, truck, trailer,
tank truck or other mobile equipment.
(e)
Records
review. The authorized inspector may inspect all records of the owner
or occupant of property relating to chemicals or processes presently
or previously occurring on-site, including material and/or chemical
inventories, facilities maps or schematics and diagrams, Material
Safety Data Sheets, hazardous waste manifests, business plans, pollution
prevention plans, State General Permits, stormwater pollution prevention
plans, monitoring program plans and any other record(s) relating to
illicit connections, prohibited discharges, a legal nonconforming
connection or any other source of contribution or potential contribution
of pollutants to the stormwater drainage system.
(f)
Sample
and test.
(1)
The authorized inspector may inspect, sample and test any area runoff,
soils area (including groundwater testing), process discharge, materials
within any waste storage area (including any container contents),
and/or treatment system discharge for the purpose of determining the
potential for contribution of pollutants to the stormwater drainage
system. The authorized inspector may investigate the integrity of
all storm drain and sanitary sewer systems, any legal nonconforming
connection or other pipelines on the property using appropriate tests,
including, but not limited to, smoke and dye tests or video surveys.
The authorized inspector may take photographs or video tape, make
measurements or drawings, and create any other record reasonably necessary
to document conditions on the property.
(2)
The authorized inspector may require a discharger to undertake any
action described in subsection (f)(1).
(g)
Monitoring.
(h)
Test results. The owner or occupant
of property subject to inspection must, on submission of a written
request, receive copies of all monitoring and test results conducted
by the authorized inspector.
(i)
If an inspection pursuant to this section results in an enforcement
action, the discharger must pay the costs of the City’s inspection,
enforcement, and any remedial measures undertaken by the City. The
City may issue an invoice of costs to recover costs pursuant to this
section.
(Ord. No. 1062, § 1, 2019)
(a)
The
authorized inspector may, in addition to any other remedies provided
in this Code or available under applicable law, take enforcement action
against violators of this chapter through any combination of the administrative
enforcement remedies, as guided by the City’s enforcement response
plan.
(b)
This
chapter is enforced pursuant to the procedures set forth in the City’s
Enforcement Response Plan, which is part of the JRMP.
(c)
Any
noncompliance with this chapter or order issued pursuant to this chapter
must be corrected no later than 30 days after the violation is discovered,
or prior to the next predicted rain event, whichever is sooner. If
more than 30 calendar days are required to achieve compliance, the
person subject to the administrative remedy must submit an a detailed
description of the reasons for the requested time extension. The authorized
inspector may issue a compliance schedule in conjunction with any
administrative remedy.
(d)
The
authorized inspector may, as part of an administrative remedy pursuant
to this chapter, require the owner or occupant to conduct any reporting,
or monitoring or sampling that the authorized inspector is otherwise
authorized to conduct.
(f)
In
any action to enforce this chapter, the burden is on the person who
is the subject of such action to establish that a discharge was within
the scope of a non-prohibited discharge.
(Ord. No. 1062, § 1, 2019)
(a)
Notice
of noncompliance. In accordance with the Enforcement Response Plan,
the authorized inspector may deliver to the owner or occupant of any
property, and to any person responsible for an illicit connection
or prohibited discharge a notice of noncompliance. The notice of noncompliance
must:
(1)
Identify the provision(s) of this chapter or the applicable permit
or order which has been violated;
(2)
State that continued noncompliance may result in additional enforcement
actions against the owner, occupant and/or person responsible for
an illicit connection or a prohibited discharge;
(3)
State a compliance date that must be met by the owner, occupant,
or person; and
(4)
States that continued noncompliance may result in additional enforcement
actions.
(b)
Administrative
compliance orders. In accordance with the Enforcement Response Plan,
the authorized inspector may issue an administrative compliance order
to include the following terms and requirements:
(1)
Specific steps and time schedules for compliance as reasonably necessary
to eliminate an existing prohibited discharge or to prevent the imminent
threat of a prohibited discharge, including, but not limited to, a
prohibited discharge from any pond, pit, well, surface impoundment,
holding or storage area;
(2)
Specific steps and time schedules for compliance as reasonably necessary
to discontinue any illicit connection;
(3)
Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant
having the reasonable potential to contact surface runoff;
(4)
Any other terms or requirements reasonably calculated to prevent
the imminent threat of or continuing violations of this chapter, including,
but not limited to, requirements for compliance with best management
practices guidance documents promulgated by any Federal, State of
California or regional agency;
(5)
Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any
permit issued pursuant hereto.
(c)
Cease
and desist orders. In accordance with the Enforcement Response Plan,
the authorized inspector may issue a cease and desist order to direct
the owner or occupant of any property and/or any other person responsible
for a violation of this chapter to:
(1)
Immediately discontinue any illicit connection or prohibited discharge
to the stormwater drainage system;
(2)
Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this
chapter;
(3)
Immediately discontinue any other violation of this chapter;
(4)
Immediately clean up all areas affected by the violation.
(5)
Cease and desist with any or all continued work on a project (i.e.,
a Stop Work Order) until such time as appropriate BMPs are implemented,
the prohibited discharge is eliminated, or other appropriate actions
are taken to ensure compliance with this chapter.
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No cease and desist order is to be stayed, tolled or otherwise
put on hold as a result of any administrative or other legal challenge
to its terms. A cease and desist order is only to be stayed, tolled
or put on hold where required as a result of the administrative review
process or by a court of competent jurisdiction.
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(d)
Stop
work order. In accordance with the Enforcement Response Plan, the
authorized inspector may issue an order identifying the provision(s)
of this chapter or applicable permit or order that has been violated
and directing any or all work or activities causing or contributing
to the noted violation to immediately stop. A person ordered to stop
any work or activity in accordance with this section must not restart
the work or activity until the City has verified that corrective actions
have been implemented and authorizes work or activities to resume.
(e)
Permit revocation or denial. In accordance with the Enforcement Response Plan, the authorized inspector may suspend, revoke, or deny a permit, license, or other approval for a development project or deny future permits on the project in accordance with the hearing procedures set forth in Chapter 7 of Title 1 of this Code.
(f)
Monetary
fines and penalties. In accordance with the Enforcement Response Plan,
authorized inspector may issue a monetary penalty or fine for any
violation of this chapter or order or authorization issued pursuant
to this chapter. Such fine or penalty is payable directly to the City.
Monetary fines and penalties will be assessed in the amounts allowed
by law, statute, resolution or ordinance of the City Council or, where
no amount is specified, in any of the following amounts: $100; $250;
$500; $750; or $1,000 per violation, depending on the nature and severity
of the violation.
(g)
Invoice for costs. The authorized inspector may deliver to the owner or occupant of any property, any permittee and/or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs. An invoice for costs must be delivered in accordance with Section 1-7.06. An invoice for costs is immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order, including any costs incurred by the City to prevent, contain and/or clean up any potential or actual discharges to the stormwater drainage system. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with Chapter 7 of Title 1 of this Code, then the enforcing attorney may institute collection proceedings.
(h)
Abatement
of the discharge of pollutants on public property. Notwithstanding
anything in this chapter to the contrary, the City may take all action
necessary to inspect, investigate, assess, remedy or otherwise abate
any discharge of a pollutant on or into any public property, including
all publicly owned portions of the stormwater drainage system. All
costs and fees incurred by the City or any other responsible governmental
agency and/or contractor of the City in this regard may be included
within an invoice for costs and recovered against the responsible
party or parties in accordance with provisions of this chapter.
(Ord. No. 1062, § 1, 2019)
(b)
Administrative
hearing for emergency abatement actions. An administrative hearing
following an emergency abatement action shall be held within five
business days following the action of abatement, unless the hearing
(or the time requirement for the hearing) is waived in writing. A
request for an administrative hearing shall not be required from the
person subject to the emergency abatement action.
(Ord. No. 1062, § 1, 2019)
(a)
Injunctions.
At the request of the City Manager, or the person designated by the
City Manager, the enforcing attorney may cause the filing in a court
of competent jurisdiction, of a civil action seeking an injunction
against any threatened or continuing noncompliance with the provisions
of this chapter.
(b)
Order
for reimbursement. Any temporary, preliminary or permanent injunction
issued pursuant hereto may include an order for reimbursement to the
City of all costs incurred in enforcing this chapter, including costs
of inspection, investigation and monitoring, the costs of abatement
undertaken at the expense of the City, legal expense, including litigation
costs and consulting costs and attorney fees, and costs relating to
restoration of the environment and all other expenses as authorized
by law.
(c)
Damages.
The City Manager, or the person designated by the City Manager, may
cause the enforcing attorney to file an action for civil damages in
a court of competent jurisdiction seeking recovery of: (1) all costs
incurred in enforcement of the chapter, including, but not limited
to, costs relating to investigation, sampling, monitoring, inspection,
administrative expenses, legal expenses, including litigation costs,
consulting costs and attorney fees all other expenses as authorized
by law, and consequential damages; (2) all costs incurred in mitigating
harm to the environment or reducing the threat to human health; (3)
damages for harm to the environment or public property; and (4) restitution
and injunctive, declaratory and such other equitable relief as may
be allowed by law.
(d)
Inspection warrant. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to Section 8-14.110(f).
(e)
The
enforcing attorney is authorized to file actions for civil damages
resulting from any trespass or nuisance occurring on public land or
to the stormwater drainage system from any violation of this chapter
where the same has caused damage, contamination or harm to the environment,
public property or the stormwater drainage system.
(f)
Nuisance.
Any condition in violation of the prohibitions of this chapter, including,
but not limited to, the maintenance or use of any illicit connection
or the occurrence of any prohibited discharge, constitute a threat
to the public health, safety, and welfare, and is declared and deemed
a nuisance pursuant to Government Code Section 38771, which may be
abated pursuant to any of the following:
(1)
Civil injunction or abatement. At the request of the Director of
Engineering, the enforcing attorney may seek a court order to enjoin
and/or abate the nuisance.
(2)
Administrative abatement. The Director may institute administrative abatement proceedings in accordance with Section 1-2.10.
(3)
Emergency abatement. In the event the nuisance constitutes an imminent
danger to public safety or the environment, the Director of Engineering
may enter the property from which the nuisance emanates, abate the
nuisance and restore any property affected by the nuisance. To the
extent reasonably practicable, informal notice shall be provided to
the owner or occupant prior to abatement. If necessary to protect
the public safety or the environment, abatement may proceed without
prior notice to or consent from the owner or occupant thereof and
without judicial warrant.
(A)
An imminent danger shall include, but is not limited to, exigent
circumstances created by the dispersal of pollutants, where the same
presents a significant and immediate threat to the public safety or
the environment.
(4)
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.
(5)
Nuisance lien. All costs shall become a lien against the property
from which the nuisance emanated and a personal obligation against
the owner thereof in accordance with Government Code Section 38773.1
and Section 38773.5. The owner of record of the property subject to
any lien shall be given notice of the lien prior to recording as required
by Government Code Section 38773.1.
(A)
At the direction of the Director of Engineering, the enforcing attorney
is authorized to collect nuisance abatement costs or enforce a nuisance
lien in an action brought for a money judgment or by delivery to the
County Assessor of a special assessment against the property in accord
with the conditions and requirements of Government Code Section 38773.5.
(Ord. No. 1062, § 1, 2019)
(a)
Prosecutor.
The enforcing attorney may act on the request of the Director of Engineering
to pursue enforcement actions in accordance with the provisions of
this chapter.
(b)
Infractions.
Any person who may otherwise be charged with a misdemeanor under this
chapter may be charged, at the discretion of the enforcing attorney,
with an infraction punishable by a fine of not more than $100 for
a first violation, $200 for a second violation, and a fine not exceeding
$500 for each additional violation occurring within one year.
(c)
Misdemeanors.
Any person who negligently or knowingly violates any provision of
this chapter, undertakes to conceal any violation of this chapter,
continues any violation of this chapter after notice thereof or violates
the terms, conditions and requirements of any permit issued pursuant
to this chapter, shall be guilty of a misdemeanor punishable by a
fine of not more than $1,000 or by imprisonment for a period of not
more than six months, or both.
(d)
Damages.
The enforcing attorney may petition the court for any of the following
damages:
(1)
The recovery of all costs incurred and/or to be incurred in the enforcement
of this chapter, including, but not limited to, costs relating to
investigation, sampling, monitoring, inspection, cleanup, administrative
expenses, legal fees and costs, and all other expenses as authorized
by law, as well as damages to public property and consequential damages;
(2)
All costs incurred in cleaning up and/or mitigating harm to the environment
or public property, or to reduce the threat to human health;
(3)
Damages for harm to the environment or public property; and
(4)
Restitution, injunctive, declaratory and such other equitable relief
as may be allowed by law.
(e)
Citations.
Pursuant to Penal Code Section 836.5, the authorized inspector shall
have the authority to cause the arrest of any person committing a
violation of this chapter. The person shall be released and issued
a citation to appear before a magistrate in accordance with Penal
Code Section 853.5, Section 853.6, and Section 853.9, unless the person
demands to be taken before a magistrate. Following issuance of any
citation the authorized inspector shall refer the matter to the enforcing
attorney. Each citation to appear shall state the name and address
of the violator, the provisions of this chapter violated, and the
time and place of appearance before the court, which shall be at least
10 business days after the date of violation. The person cited shall
sign the citation giving his or her written promise to appear as stated
therein. If the person cited fails to appear, the enforcing attorney
may request issuance of a warrant for the arrest of the person cited.
(Ord. No. 1062, § 1, 2019)
Each day in which a violation occurs and each separate failure
to comply with either a separate provision of this chapter, an administrative
compliance order, a cease and desist 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.
(Ord. No. 1062, § 1, 2019)
(a)
Each
and every remedy available for the enforcement of this chapter shall
be nonexclusive and it is within the discretion of the authorized
inspector or enforcing attorney to seek cumulative remedies, except
that multiple monetary fines or penalties shall not be available for
any single violation of this chapter. The remedies available to the
City pursuant to the provisions of this chapter shall not limit the
right of the City to seek any other remedy that may be available by
law.
(b)
Violations
of other laws. Any person acting in violation of this chapter also
may be acting in violation of the Federal Clean Water Act or the State
Porter-Cologne Act and other laws and also may be subject to sanctions
including civil liability. Accordingly, the enforcing attorney is
authorized to file a citizen suit pursuant to Federal Clean Water
Act Section 505(a), seeking penalties, damages, and orders compelling
compliance, and other appropriate relief. The enforcing attorney may
notify EPA Region IX, the San Diego Regional Water Quality Control
Boards, or any other appropriate State or local agency, of any alleged
violation of this chapter.
(Ord. No. 1062, § 1, 2019)
(a)
The
City intends to cooperate with other agencies with jurisdiction over
stormwater discharges to ensure that the regulatory purposes underlying
stormwater regulations promulgated pursuant to the Clean Water Act
(33 USC Section 1251 et seq.) are met.
(b)
The
City may, to the extent authorized by law, elect to contract for the
services of any public agency or private enterprise to carry out the
planning approvals, inspections, permits, and enforcement authorized
by this chapter.
(Ord. No. 1062, § 1, 2019)
(a)
Compliance
disclaimer. Full compliance by any person or entity with the provisions
of this chapter shall not preclude the need to comply with other local,
State or Federal statutory or regulatory requirements, which may be
required for the control of the discharge of pollutants into stormwater
and/or the protection of stormwater quality.
(b)
Severability.
If any provision of this chapter or the application of the chapter
to any circumstance is held invalid, the remainder of the chapter
or the application of the chapter to other persons or circumstances
shall not be affected.
(Ord. No. 1062, § 1, 2019)
The provisions of Section 1094.5 and Section 1094.6 of the Code
of Civil Procedure set forth the procedure for judicial review of
any act taken pursuant to this chapter. Parties seeking judicial review
of any action taken pursuant to this chapter shall file such action
within 90 days of the occurrence of the event for which the review
is sought.
(Ord. No. 1062, § 1, 2019)
