Note: Editor's Note—Ord. 2003-868, § 1, repealed the former Ch. 16.04 and enacted a new chapter as set out herein. The former Ch. 16.04, §§ 16.04.010—16.04.110, pertained to similar subject matter and derived from Ord. 95-752, § 1, 1995.
A. 
The United States Congress passed the Clean Water Act (33 USC Section 1251 et seq., as amended, including Section 402(p) therein) as a mandate, in part, that municipal separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-storm water 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 Santa Ana Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the Santa Ana Region, Area wide Urban Storm Water Runoff, Orange County, Order No. R8-2002-0010 (NPDES No. CAS 618030) (the "Santa Ana Regional Board Permit"). The Santa Ana Regional Board Permit shall be referred to herein as the National Pollution Discharge Elimination System Permit or "NPDES permit."
C. 
The City is participating as a "co-permittee" under the NPDES permit to accomplish the requirements of the Clean Water Act.
D. 
Stormwater runoff is one step in the natural cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.
E. 
The purpose of this chapter is to participate in the improvement of water quality and comply with Federal requirements for the control of urban pollutants to stormwater runoff, which enters the network of storm drains throughout Orange County.
F. 
The City is authorized by Article XI, Section 5 and Section 7 of the State Constitution to exercise the police power of the state by adopting regulations promoting the public health, public safety and general prosperity. The City has determined that a legitimate local purpose is present in complying with the provisions of the NPDES permit. Reduction in stormwater-borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.
G. 
The land use authority exercised by the City pursuant to California Government Code Section 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land. This chapter conforms to the policies and goals of the City's General Plan pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds located within Orange County by implementing measures to control erosion and prevent the pollution of streams and other waters.
H. 
Certain provisions of this chapter may be coordinated with the Local Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public Resources Code Section 30607, as mitigation for the negative effects of grading, construction, reconstruction and changes to the intensity of use of land or water resources within the coastal zone.
I. 
The Subdivision Map Act, California Government Code Section 66411, authorizes the City to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval.
J. 
California Constitution Article XI, Section 7 and Government Code Section 38660 authorize the City to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property.
K. 
Government Code Section 38771 authorizes the City to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.
L. 
The NPDES permit requires that the City: (1) develop and implement stormwater management programs and implementation plans; (2) enact legislation and ordinances as necessary to ensure compliance with the stormwater management programs and implementation plans; (3) pursue enforcement actions as necessary to ensure compliance with stormwater management programs and implementation plans; (4) prohibit illicit and illegal discharges from entering the stormwater conveyance systems, subject only to specific exceptions; (5) ensure adequate response to emergency situations, including spills, leaks and illicit or illegal discharges; and (6) develop and require implementation of best management practices to ensure that pollution is reduced to the maximum extent practicable.
M. 
The City may commence civil actions, pursuant to Federal Clean Water Act Section 505(a), against any person or any governmental agency acting in violation of any condition of the NPDES permit.
N. 
All industrial dischargers subject to the provisions of the State General Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to collectively herein as the "state general permits"): (1) must comply with the lawful requirements of the City which regulate discharges of stormwater to the storm drain system within its jurisdiction; (2) are required to maintain stormwater pollution prevention plans on-site and make them available to the City for inspection; (3) may be required by the City, with the concurrence of the Santa Ana Regional Water Board, to amend any stormwater pollution prevention plan; and (4) are required to maintain a description of the required monitoring program on-site and make it available to the City for inspection.
O. 
The City has jurisdiction over certain stormwater facilities and other watercourses within the City. These facilities: (1) may be subject to the provisions of the State General Industrial Stormwater Permit and, accordingly, the City may, but is not required to, certify in writing that regulated dischargers have developed and implemented effective stormwater pollution prevention plans and should not be required to collect and analyze stormwater samples for pollutants; (2) may receive stormwater discharges from properties and activities regulated under the provisions of the state general permits, and City may request that the regulated dischargers furnish information and records necessary to determine compliance with the state general permits; and (3) these facilities may receive stormwater discharges from properties and activities regulated under the provisions of the state general permits, and the City may, upon presentation of credentials and other documents required by law: (i) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the state general permits, (ii) access and copy, at reasonable times, any records that must be kept under the conditions of the state general permits, (iii) inspect, at reasonable times, any facility or equipment related to or impacting stormwater discharge, and (iv) sample or monitor for the purpose of ensuring compliance with the state general permits.
P. 
The enacting of this chapter is a condition of the NPDES permit, the requirements of which are exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21100 et seq., pursuant to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. To the extent CEQA applies to the enactment of this chapter, the City Council certifies that it has read and considered the information contained within the Negative Declaration prepared by the County of Orange related to the implementation of the NPDES permit.
(Ord. 2003-868, § 1, 2003)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Authorized inspector"
means the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance and detect violations of this chapter.
"City"
means the City of Yorba Linda, Orange County, California.
"Co-permittee"
means the County of Orange, the Orange County Flood Control District, and/or any one of the municipalities, including the City, which are responsible for compliance with the terms of the NPDES permit.
"DAMP"
means the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
"Development project guidance"
shall mean DAMP Chapter VII and the Appendix thereto, entitled "Best Management Practices for New Development Including Nonresidential Construction Projects."
"Discharge"
means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
"Discharge exception"
means the group of activities not restricted or prohibited by this chapter, including only:
Discharges composed entirely of stormwater, discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency, discharges to the stormwater drainage system from potable water line flushing and other potable water sources, discharges to the stormwater drainage system from passive foundation drains, air conditioning condensation, water from crawl space pumps, passive footing drains, landscape irrigation, lawn garden watering and other irrigation waters, noncommercial vehicle washing at residences, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, diverted stream flows, rising ground waters and natural springs, ground water infiltration as defined in 40 CFR 35.2005(20), uncontaminated pumped groundwater, emergency fire fighting flows, waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and other types of discharges identified and recommended by the co-permittees and approved by the Regional Board.
"Enforcing attorney"
means the City Attorney or District Attorney acting as counsel to the City and his/her 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.
"EPA"
means the Environmental Protection Agency of the United States.
"Hearing officer"
means the City Manager or his/her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Invoice for costs"
means 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 Section 16.04.050, where a notice of noncompliance, administrative compliance order, or other enforcement option under Section 16.04.060 is utilized to obtain compliance with this chapter.
"Illicit connection"
means 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.
"Legal nonconforming connection"
means connections to the storm water 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 version of Chapter 16.04 of this code existing immediately prior to the adoption of said ordinance which amended this chapter with this water quality control ordinance.
"New development"
means all public and private residential (whether single family, multi-unit or planned unit development), and industrial, commercial, retail and other nonresidential construction projects, and/or mass grading for future construction, for which either a discretionary land use approval, grading permit, building permit or safety permit is required.
"NPDES permit"
means the municipal discharge permit issued by the Santa Ana Regional Water Quality Control Board and entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the Santa Ana Region Area-wide Urban Storm Water Runoff, Orange County, Order No. R8-2002-0010 (NPDES No. CAS618030)," as that permit currently exists or may hereinafter be amended.
"Person"
means 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.
"Pollutant"
shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
1. 
Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings);
2. 
Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. 
Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals, such as phosphorus and arsenic;
4. 
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. 
Excessive eroded soils, sediment and particulate materials;
6. 
Animal wastes, including but not limited to discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields;
7. 
Substances having characteristics such as a pH less than 6.5 or greater than 8.5, or unusual coloration, or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;
8. 
Waste materials and wastewater generated on construction sites and by construction activities, including but not limited to the following: painting; staining; use of sealants, glues and limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring, and cleanup wash water or use/of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing;
9. 
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
10. 
Materials which contain base/neutral or acid extractable organic compounds;
11. 
Those pollutants defined in Section 1362(6) of the Federal Clean Water Act;
12. 
Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
The term "pollutant"
shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility.
"Private property"
means any real property, irrespective of ownership, which is not open to the general public.
"Prohibited discharge"
means any discharge, which is not composed entirely of storm water or which contains any pollutant, from public or private property to: (i) the stormwater drainage system; (ii) any upstream flow, which is tributary to the stormwater drainage system; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (iv) any coastal harbor, bay or the Pacific Ocean. The term "prohibited discharge" shall not include discharges allowable under the discharge exception.
"Responsible party"
means the person(s) identified in and responsible for compliance with the provisions of a water quality management plan approved by the City department charged with the responsibility of reviewing and approving such plan.
"Significant redevelopment"
means the addition of 5,000 or more square feet of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of existing footprint of a building, construction of parking lots or similar impervious surfaces.
"State general permit"
means either the State General Industrial Stormwater Permit or the State General Construction 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 tern "state general permit" shall also refer to any EPA-administered stormwater control program for industrial and construction activities.
"Stormwater drainage system"
means street gutter, channel, stormdrain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-wide 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.
"Water quality management plan"
means a plan for the control of stormwater prepared in accordance with the development project guidance.
"Water quality manual"
mean the rules, procedures, and interpretations thereof formulated by the City Manager or his or her designee to implement this chapter. The term water quality manual includes the City's Local Implementation Plan, the DAMP and the NPDES permit.
(Ord. 2003-868, § 1, 2003)
A. 
No person shall:
1. 
Construct, maintain, operate and/or utilize any illicit connection,
2. 
Cause, allow or facilitate any prohibited discharge;
3. 
Act, cause, permit or suffer any agent, employee or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.
4. 
Construct, maintain or operate a new development or significant redevelopment project without compliance with the water quality manual.
5. 
Fail to comply with the minimum best management practices ("BMPs") identified in Section 16.04.050.
B. 
The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of the ordinance codified in this section; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:
1. 
For all structural improvements to property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption of said ordinance;
2. 
For all nonstructural improvements to property (including natural surface flow patterns, depressions or channels traversing one or more properties) existing for the purpose of discharge to the stormwater conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.
C. 
A civil or administrative violation of subsection A of this section shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
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 shall not apply to the subject discharge following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of subsection A of this section.
E. 
The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 16.04.060(A)(6) through (10), for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the City Engineer upon consideration of the following factors:
1. 
The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;
2. 
The economic investment of the discharger in the legal nonconforming connection; and
3. 
The financial effect upon the discharge of a termination of the legal nonconforming connection.
(Ord. 2003-868, § 1, 2003)
A. 
New Development and Significant Redevelopment.
1. 
All new development and significant redevelopment within the City shall be undertaken in accordance with:
a. 
A water quality management plan, which shall be prepared in accordance with the development project guidance;
b. 
The water quality manual; and
c. 
Any conditions and requirements established by the City which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.
2. 
Prior to the issuance by the City of a grading permit, building permit and/or safety permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the City Engineer of a water quality management plan. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or safety permit, the property owner shall submit to and obtain the approval of the City Engineer of a water quality management plan prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.
3. 
Notwithstanding the provisions of subsections (A)(1) and (A)(2) of this section, a water quality management plan shall not be required for construction of a (one) single-family detached residence unless the City Engineer determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.
4. 
Compliance with the conditions and requirements of a water quality management plan shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5. 
If the City Engineer determines that the project will have a de minimis impact on the quality of stormwater runoff, then he/she may issue a written waiver of the requirement for preparation and approval of a water quality management plan.
6. 
Each water quality management plan shall name a responsible party for the project.
7. 
The owner of a new development or significant redevelopment project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved water quality management plan. Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements of an approved water quality management plan shall constitute a violation of this chapter.
8. 
The City may require that the water quality management plan be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner, or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the City shall not be required for recordation.
B. 
Cost Recovery. The costs and expenses of the City incurred in the review, approval or revision of any water quality management plan shall be assessed to the property owner or responsible party and shall be due and payable to the City. The City may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or the responsible party.
(Ord. 95-752 § 1, 1995; Ord. 2003-868, § 1, 2003)
A. 
Scope of Inspections and Monitoring.
1. 
Right to Inspect. Except for annual inspections of high priority industrial facilities, prior to commencing any inspection as described in this section, the authorized inspector shall obtain either the consent of the owner or person in charge of the day to day activities of the private property, or shall obtain an administrative inspection warrant or criminal search warrant. As to high priority industrial facilities, because high priority industrial facilities are identified under the NPDES permit as creating increased threats to water quality, the authorized inspector is authorized to inspect each such high priority industrial facility once annually, during normal business hours upon 24 hours notice to the owner, operator, or person responsible for the day to day activities of such facility.
2. 
Entry to Inspect. The authorized inspector may enter private property to investigate the source of any discharge of a pollutant to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City.
3. 
Compliance Assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this chapter, including but not limited to: (i) identifying products produced, processes conducted, chemicals used, and materials stored on or contained with the property; (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (iii) investigating the natural slope at the location, including drainage patterns and manmade conveyance systems; (iv) establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system; (v) locating any illicit connection or the source of prohibited discharge; and (vi) investigating the condition of any legal nonconforming connection.
4. 
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.
5. 
Records Review. The authorized inspector may inspect all records of the owner or person in charge of the day to day activities of private property relating to chemicals or processes presently or previously occurring on-site, including 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, illicit discharges, prohibited discharges, a legal nonconforming connection or any other source of discharge or potential discharge of pollutants to the stormwater drainage system.
6. 
Sampling and Testing. 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 contained contents) and/or treatment system discharge for the purpose of determining the potential for the discharge 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 private property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video tapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the private property.
7. 
Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.
8. 
Test Results. The owner, operator, or person in charge of the day to day activities of private property subject to inspection shall, on submission of a written request, be provided copies of all monitoring and test results conducted by the authorized inspector.
B. 
Industrial Sites—BMPs, Monitoring.
1. 
BMP Implementation. Each owner, operator, or person in charge of day to day activities of each industrial site in the city shall implement those minimum BMPs as may be designated by the authorized inspector. For those industrial sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, such BMPs shall include such additional controls that the authorized inspector may require.
2. 
Monitoring. All high priority industrial sites shall implement a monitoring program as required by the authorized inspector. Such monitoring program shall include a program that provides quantitative data from two storm events per year for the following constituents:
a. 
Any pollutant listed in effluent guidelines subcategories where applicable;
b. 
Any pollutant for which an effluent limit has been established in an existing NPDES permit for the facility;
c. 
Oil and grease or total organic carbon (TOC);
d. 
pH;
e. 
Total suspended solids (TSS);
f. 
Specific conductance;
g. 
Toxic chemicals and other pollutants that are likely to be present in stormwater discharges; and
h. 
Any pollutant that may be used, stored, or generated at a facility for which is a tributary of an impaired water body (where the water body is impaired for that pollutant), unless the facility can demonstrate approval of a no exposure certification.
C. 
Commercial Sites—BMPs. Each owner, operator, or person in charge of day to day operations of a high priority commercial site in the city shall implement those minimum BMPs as may be designated by the authorized inspector. For those commercial sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, BMPs shall include such additional controls as the authorized inspector may require.
D. 
Residential Areas and Activities—BMPs. Each owner, operator, or person in charge of day to day operations of each high priority residential area and activity in the City shall implement those minimum BMPs as may be designated by the authorized inspector. For those high priority residential areas and activities that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within ESAs, BMPs shall include such additional controls as the authorized inspector may require.
E. 
Common Interest Areas and Homeowners' Associations. Each person who owns, operates, or is in charge of day to day activities of common interest areas on private property in the city shall ensure that runoff within common interest areas from private roads, drainage facilities, and other components of the stormwater conveyance system, including those managed by homeowners' associations, meets the objectives of the NPDES permit, as may be required by the authorized inspector.
F. 
Construction Sites-Permit Approvals, BMPs, Inspections.
1. 
Construction and Grading Permits. Prior to issuance of any construction or grading permit, the authorized inspector may require, as a condition to such permit, the implementation of BMPs to ensure that the discharge of pollutants from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. Each construction site shall implement such BMPs to ensure that discharges of pollutants are reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable city ordinances and the NPDES permit. Construction and grading permit requirements to be implemented by the project proponent include the following requirements or their equivalent:
a. 
Developing and implementing a plan to manage stormwater and non-stormwater discharges from the site at all times;
b. 
Implementing BMPs for any rain events, as necessary to comply with the NPDES permit;
c. 
Emphasizing erosion prevention as the most important measure for keeping sediment onsite during construction;
d. 
Utilizing sediment controls as a supplement to erosion prevention for keeping sediment onsite during construction, but not as the single or primary method;
e. 
Minimizing areas that are cleared and graded to only the portion of the site that is necessary for construction;
f. 
Minimizing exposure time of disturbed soil areas;
g. 
Temporarily stabilizing and reseeding disturbed soil areas as rapidly as possible;
h. 
Permanently revegetating or landscaping as early as feasible;
i. 
Stabilizing all slopes; and
j. 
For each project proponent subject to the statewide general construction stormwater permit, providing evidence of existing coverage under such permit.
2. 
BMP Implementation. Each owner, operator, or person in charge of day to day activities of each construction and/or grading site in the City shall implement those minimum BMPs as may be designated by the authorized inspector. 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 ESAs, such BMPs shall include such additional controls as the authorized inspector may require.
3. 
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, during normal business hours upon 24 hours notice to the owner, operator, or person responsible for the day to day operations of such site.
(Ord. 2003-868, § 1, 2003)
In addition to any other enforcement options available to the City, this chapter may be enforced as follows:
A. 
Administrative Remedies.
1. 
Notice of Noncompliance. The authorized inspector may deliver to the owner or occupant of any private property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with subsection (A)(5) of this section.
a. 
The notice of noncompliance shall identify the provision(s) of this chapter, the applicable water quality management plan, or permit, which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
b. 
The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety days unless the authorized inspector extends the compliance deadline an additional ninety days where good cause exists for the extension.
2. 
Administrative Compliance Orders.
a. 
The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with subsection (A)(5) of this section. The administrative compliance order may be issued to:
i. 
The owner or occupant of any private property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;
ii. 
The owner of private property or a responsible party subject to the requirements of any water quality management plan to ensure implementation of and adherence to the terms, conditions and requirements of the plan;
iii. 
Any person responsible for an illicit connection or prohibited discharge.
b. 
The administrative compliance order may include the following terns and requirements:
i. 
Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including but not limited to the threat of a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
ii. 
Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
iii. 
Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
iv. 
Any other terms or requirements reasonably calculated to prevent continued or threatened 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; and
v. 
Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any water quality management plan or the water quality manual.
3. 
Cease and Desist Orders.
a. 
The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with subsection (A)(5) of this section. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of this chapter to:
i. 
Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
ii. 
Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. 
Immediately discontinue any other violation of this chapter; and
iv. 
Clean up the area affected by the violation.
b. 
The authorized inspector may direct by cease and desist order that the owner of any private property, the responsible party subject to the terms and conditions of any water quality management plan, or the water quality manual immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable water quality management plan or permit.
4. 
Recovery of Costs. The authorized inspector may deliver to the owner or occupant of any private property, any permittee or any responsible party, or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs. An invoice for costs shall be delivered in accordance with subsection (A)(5) of this section. An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or responsible party, or any other person, fails to either pay the invoice for costs, or appeal successfully the invoice for costs in accordance with subsection (A)(6) of this section, the enforcing attorney may institute collection proceedings.
5. 
Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order, or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:
a. 
The notice shall state that the recipient has a right to appeal the matter as set forth in subsections (A)(6) through (10) of this section.
b. 
Delivery shall be deemed complete upon: (a) personal service to the recipient; (b) deposit in the U.S. mail, postage pre-paid for first class delivery; or (c) facsimile service with confirmation of receipt.
c. 
Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.
d. 
Where the owner or occupant of any private property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of 10 business days.
6. 
Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in subsection (A)(8) of this section, any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing.
7. 
Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or an adverse determination shall, within thirty days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution of the City Council, with the office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the City Engineer. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
8. 
Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.
9. 
Hearing Proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs, or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
10. 
Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety days following issuance of the final decision; provided, however, that the final decision of the Hearing Officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
11. 
City Abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued 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 iii obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection (B)(4) of this section.
B. 
Nuisance. Any condition in violation of the prohibitions of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771 or successor statute.
1. 
Court Order to Enjoin or Abatement. At the request of the City Manager or City Engineer, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
2. 
Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the City Manager, City Engineer or enforcing attorney shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
3. 
Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City Manager or City Engineer or authorized designee may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior notice to or consent from the owner or occupant thereof and without judicial warrant. 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. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to subsection (A)(8) of this section shall follow the abatement action.
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 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 or successor statutes. 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 or successor statute. At the direction of the City Manager or City Engineer, 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 or successor statute.
C. 
Criminal Sanctions.
1. 
Prosecutor. The enforcing attorney may act on the request of the City Manager or City Engineer to pursue enforcement actions in accordance with the provisions of this chapter.
2. 
Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than one hundred dollars for a first violation, two hundred dollars for a second violation, and a fine not exceeding five hundred dollars for each additional violation occurring within one year.
3. 
Misdemeanors. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any water quality management plan or permit, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months, or both.
D. 
Consecutive Violations. 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, an applicable water quality management plan, 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.
E. 
Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.
F. 
Citations. Pursuant to Penal Code Section 836.5 or successor statute, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6 and 853.9, or successor statutes, 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 ten 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.
G. 
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) or successor statute, seeking penalties, damages and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
H. 
Injunctions.
1. 
At the request of the City Manager or City Engineer, 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.
2. 
Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law.
I. 
Other Civil Remedies.
1. 
The City Manager or City Engineer may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of: (i) all costs incurred in enforcement of this chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (iii) damages for irreparable harm to the environment.
2. 
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.
3. 
The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City to seek any other remedy that may be available by law.
(Ord. 2003-868, § 1, 2003)
A. 
The Federal Clean Water Act authorizes the NPDES permit for the Orange County area and provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coordinated effort of the County and the co-permittees is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Santa Ana/San Diego Regions, the NPDES permits, the DAMP, this chapter, the Appendices to the DAMP, including, but not limited to, the development project guidance, monitoring and data collection cooperation and regular emergency and spill response planning activities.
B. 
The City may 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. 2003-868, § 1, 2003)
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.
(Ord. 2003-868, § 1, 2003)
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. 2003-868, § 1, 2003)
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 ninety days of the occurrence of the event for which review is sought.
(Ord. 2003-868, § 1, 2003)