Note: Prior ordinance history: Ord. No. 2008-07.
This chapter shall be known as the "City of Encinitas Stormwater
Management and Discharge Control Ordinance."
(Ord. 2015-07)
The purpose of this chapter is to protect the health, safety
and welfare of the public by regulating all discharges into the stormwater
conveyance system and the Waters of the State in order to preserve
and enhance water quality for beneficial uses by:
A.
Prohibiting
non-stormwater discharges to the stormwater conveyance system;
B.
Eliminating
pollutants in stormwater to the maximum extent practicable, including
pollutants from both point and non-point sources;
C.
Prohibiting
activities which cause, or contribute to, exceedance of state and
federal receiving water quality objectives;
D.
Protecting
watercourses from disturbance and pollution.
The intent of this chapter is to use the police power of the
city to protect, enhance, and regulate water quality in a manner which
complies with all applicable laws related to water quality, including
the federal Clean Water Act, the state Porter-Cologne Water Quality
Control Act, and the California Regional Water Quality Control Board
San Diego Region Order No. R9-2013-0001 adopted on May 8, 2013, NPDES
No. CAS0109266 and any subsequent amendments, revisions, or reissuance
of the permit.
(Ord. 2015-07)
For purposes of this chapter only, the terms below have the
following meaning:
means uses of water necessary for the survival or well-being
of humans, plants, and wildlife. These uses of water serve to promote
the tangible and intangible economic, social, and environmental goals.
Beneficial uses of the Waters of the State that may be protected against
include, but are not limited to, domestic, municipal, agricultural
and industrial supply; power generation; recreation; aesthetic enjoyment;
navigation; and preservation and enhancement of fish, wildlife, and
other aquatic resources or preserves. Existing beneficial uses are
uses that were attained in the surface or groundwater on or after
November 28, 1975; and potential beneficial uses are uses that would
probably develop in future years through the implementation of various
control measures. Beneficial uses are equivalent to designated uses
under federal law. [California Water Code Section 13050(f)].
means 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 conveyance system. BMPs may be
structural or non-structural. Best management practices include, but
are not limited to, site design, source control, treatment control,
natural design methods, low flow diversions to the sewer, and structures
such as infiltration basins, clarifiers, oil and grease separators,
and filters. BMPs may include any type of pollution prevention and
pollution control measure that can help to achieve compliance with
this chapter.
refers to the regular action taken to maintain the as-designed
performance and functionality of a permanent or temporary BMP, and
includes, but is not limited to, repairs to the BMP as necessary,
and replacement of the BMP by an equally effective or more effective
BMP at the end of its useful life.
means the City of Encinitas.
means an impaired water body in which water quality does
not meet applicable water quality standards and/or is not expected
to meet water quality standards, even after the application of technology
based pollution controls required by the Clean Water Act. The discharge
of urban runoff to these water bodies is significant because these
discharges can cause or contribute to violations of applicable water
quality standards.
when used as a verb, means to allow pollutants to directly
or indirectly enter stormwater, or to allow stormwater or non-stormwater
to directly or indirectly enter the stormwater conveyance system or
receiving waters, from an activity or operations. When used as a noun,
"discharge" means the pollutants, stormwater and/or non-stormwater
that is discharged.
means any person engaged in activities or operations, or
owning facilities, which may result in pollutants entering stormwater,
the stormwater conveyance system or receiving waters. "Dischargers"
include, but are not limited to, real and personal property owners,
occupants, tenants, lessees, contractors, developers, managers and
employees.
means any City employee or authorized contractor hired by
the City who is assigned to duties involving permits and other City
approvals, inspections, or enforcement related to this chapter.
include, but are not limited to, all Clean Water Act Section
303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board
(Water Quality Control Plan for the San Diego Basin (1994) and amendments);
water bodies designated with the RARE beneficial use by the State
Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); areas designated as preserves
or their equivalent under the Multi-Species Conservation Program within
the cities and County of San Diego; and any other similar environmentally
sensitive areas which have been identified by the City. "Directly
adjacent" means situated within 200 feet of the Environmentally Sensitive
Area. "Discharging directly to" means outflow from a drainage conveyance
system that is composed entirely of flows from the subject development
or redevelopment site, and not commingled with flows from adjacent
lands.
means subsurface water that occurs beneath the water table
in soils and geologic formations that are fully saturated. Water table
is the depth or elevation at which soil pore spaces or fractures and
voids become completely saturated with water.
means a physical connection to the stormwater conveyance
system or receiving waters, which has not been reviewed and authorized
by the City; or a permitted connection, which conveys illegal discharges.
is any discharge to the stormwater conveyance system that
is not composed entirely of stormwater or is not discharged in compliance
with this chapter. This includes, but is not limited to, discharges
of non-stormwater that are not exempt as defined by this chapter,
discharges of irrigation runoff to the MS4, any discharge from an
illegal connection, and any discharge that contains additional pollutants
due to the absence of a required BMP or the failure of a BMP. Discharges
that require a City permit or a RWQCB permit that has not been issued
or has not been acknowledged by the discharger to be applicable are
illegal discharges. Discharges regulated under an applicable NPDES
permit are illegal discharges for purposes of this chapter unless
compliance with all applicable permit conditions is maintained.
means constructed or modified surfaces that cannot effectively
infiltrate rainfall such as building rooftops, pavement, sidewalks,
driveways, etc.
means the ground area covered or sheltered by an impervious
surface, measured in plan view, i.e., as if from directly above. For
example, the "impervious surface area" for a pitched roof is equal
to the ground area it shelters, rather than the surface area of the
roof itself.
refers to the standard established by Congress in Clean Water
Act Section 402(p)(3)(B)(iii) that municipal dischargers of stormwater
must meet; MEP is an acceptability standard for best management practices
based on a level of pollutant reduction that can be achieved by the
most effective set of BMPs that can be implemented and still remain
practicable; MEP generally emphasizes pollution prevention and source
control BMPs as the first line of defense in combination with treatment
methods as a backup.
(see also, "stormwater conveyance system") means a conveyance
or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-made channels,
or storm drains): (1) owned or operated by a state, city, town, borough,
county, parish, district, association, or other public body (created
by or pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, including
special districts under state law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or designated and
approved management agency under Section 208 of the CWA that discharges
to waters of the United States; (2) designated or used for collecting
or conveying stormwater; (3) which is not a combined sewer; (4) which
is not part of the publicly owned treatment works (POTW) as defined
at 40 CFR 122.26.
refers to RWQCB Order No. R9-2013-0001, and any subsequent
amendments, revisions, or reissuance of the permit.
refers to diffuse, widespread sources of pollution. These
sources may be large or small, but are generally numerous throughout
a watershed. Non-point sources include, but are not limited to, urban,
agricultural, or industrial areas, roads, highways, construction sites,
communities served by septic systems, recreational boating activities,
timber harvesting, mining, livestock grazing, as well as physical
changes to stream channels, and habitat degradation. Non-point source
pollution can occur year round any time rainfall, snow melt, irrigation,
or any other source of water runs over land or through the ground,
picks up pollutants from these numerous, diffuse sources and deposits
them into rivers, lakes, and coastal waters or introduces them into
groundwater.
is any discharge to the stormwater conveyance system or receiving
waters that is not composed entirely of stormwater.
means a National Pollutant Discharge Elimination System permit
issued by the U.S. Environmental Protection Agency, the State Water
Resources Control Board ("SWRCB"), or the California Regional Water
Quality Control Board for the San Diego Region ("RWQCB").
means a structural, source control, or treatment control
best management practice designed to detain, retain, filter, remove
and/or prevent the release of pollutants to surface waters from development
projects and required to remain in perpetuity, after construction
of a project is completed.
means an individual, corporation, partnership, limited liability
company, joint venture, non-profit organization, trust, association,
or governmental agency.
means any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operations, landfill leachate collection systems, vessel,
or other floating craft from which pollutants are or may be discharged.
is broadly defined as any agent that may cause or contribute
to the degradation of water quality such that a condition of pollution
or contamination is created or aggravated.
is the alteration of the quality of the receiving waters
to a degree that unreasonably affects the beneficial use of the receiving
waters or the facilities that serve the beneficial uses. "Pollution"
also includes contamination which creates a hazard to the public health
through poisoning or the spread of disease.
means all waters that are "Waters of the State" within the
scope of the State Water Code, including, but not limited to, natural
streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal
pools, lagoons, estuaries, bays, the Pacific Ocean, and groundwater.
means the California Regional Water Quality Control Board
for the San Diego Region.
means runoff which originates from precipitation events.
"Stormwater" is that portion of precipitation that flows across a
surface to the storm drain system or receiving waters. Examples of
this phenomenon include: the water that flows off a building's roof
when it rains (runoff from an impervious surface); the water that
flows into streams when snow on the ground begins to melt (runoff
from a semi-pervious surface); and the water that flows from a vegetated
surface when rainfall is in excess of the rate at which it can infiltrate
into the underlying soil (runoff from a pervious surface). During
precipitation events in urban areas, rain water picks up and transports
pollutants through stormwater conveyance systems, and ultimately to
receiving waters.
means private and public drainage facilities within the City
of Encinitas by which stormwater may be conveyed to waters of the
United States, including, but not limited to, streets, roads, catch
basins, natural and artificial channels, natural and artificial drainage
features, aqueducts, canyons, stream beds, gullies, curbs, gutters,
ditches, and storm drains. Historic and current development makes
use of natural drainage patterns and features as conveyances for urban
runoff. Urban streams used in this manner are part of the stormwater
conveyance system regardless of whether they are natural, man-made,
or partially modified features. In these cases, the urban stream is
both a stormwater conveyance system and a receiving water.
means a BMP that relies on either a physical condition (other
than an entirely natural and undisturbed condition), or on a constructed
or installed device to reduce or prevent pollutants in stormwater
discharges and exempt non-stormwater discharges. Constructed or enhanced
BMPs that depend on natural materials and processes (e.g., constructed
drainage swales or buffers, or constructed wetlands), that require
periodic maintenance to function as designed, are structural BMPs.
means the State Water Resources Control Board.
is a permanent BMP designed to remove pollutants by gravity
settling, filtration, biological uptake, media absorption or any other
physical, biological, or chemical process.
means any water, surface or underground, including saline
waters within the boundaries of California. The definition of the
"Waters of the State" is broader than that for the "Waters of the
United States" in that all water in the state is considered to be
a "Waters of the State" regardless of circumstances or condition.
Under this definition, a municipal storm sewer system (MS4) is always
considered to be a "Waters of the State" (California Water Code Section
13050(e)).
means water subject to the regulatory jurisdiction of the
United States under the Federal Clean Water Act and applicable case
law. In general, this includes "navigable" waters, waters tributary
to "navigable" waters, and adjacent wetlands. (40 Code of Federal
Regulations Section 122.2).
(Ord. 2015-07)
A.
Discharge
of Stormwater. No person shall discharge stormwater directly or indirectly
into the stormwater conveyance system or receiving waters, unless
discharged in compliance with this chapter.
B.
Discharge of Non-Stormwater Prohibited. No person shall discharge non-stormwater directly or indirectly into the stormwater conveyance system or receiving waters, except as provided below in Section 20.08.050.
C.
Liability
for Illegal Discharge. Liability for any illegal discharge shall be
the responsibility of the person(s) causing, contributing, or responsible
for the illegal discharge, and such person(s) shall defend, indemnify,
and hold harmless the City in any administrative or judicial enforcement
action relating to such discharges.
D.
Prevention
of Illegal Discharges. Throwing, depositing, leaving, abandoning,
maintaining or keeping materials or wastes on public or private lands
in a manner and place that results in or contributes to a violation
of the MS4 permit is unlawful.
E.
Violations
of the MS4 permit. It is unlawful for any person to cause, or threaten
to cause, either individually or jointly any discharge into or from
the MS4 that results in or contributes to a violation of the MS4 permit.
(Ord. 2015-07)
A.
Permitted
Discharges. Any discharge to the MS4 that is regulated under a NPDES
permit issued to the discharger and administered by the State of California
pursuant to Division 7 of the California Water Code is allowed, provided
that the discharger is in compliance with all requirements of the
NPDES permit and other applicable laws and regulations.
B.
Groundwater
Discharges Typically Requiring Permits. Non-stormwater discharges
to the MS4 from the following categories are allowed if: (i) the discharger
obtains coverage under NPDES Permit No. CAG919002 (RWQCB Order No.
R9-2008-0002, or subsequent order) for discharges to surface waters
other than San Diego Bay, and the discharger is in compliance with
all requirements of the applicable NPDES permit and all other applicable
laws and regulations; or (ii) the RWQCB determines in writing that
coverage under NPDES Permit No. CAG919002 (or subsequent permit) is
not required. Otherwise, non-stormwater discharges from the following
categories are illegal discharges:
1.
Discharges
from uncontaminated pumped groundwater;
2.
Discharges
from foundation drains when the system is designed to be located at
or below the groundwater table to actively or passively extract groundwater
during any part of the year;
3.
Discharges
from water from crawl space pumps;
4.
Discharges
from water 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.
C.
Discharges
from Water Lines. Non-stormwater discharges to the MS4 from water
line flushing and water main breaks are allowed if the discharges
have coverage under NPDES Permit No. CAG679001 (Regional Water Quality
Control Board Order No. R9-2010-0003, or subsequent order), and the
discharger is in compliance with all requirements of that NPDES permit
and other applicable laws and regulations. This category includes
water line flushing and water main break discharges from water purveyors
issued a water supply permit by the California Department of Public
Health or federal military installations. Discharges from recycled
or reclaimed water lines to the MS4 are allowed if the discharges
have coverage under an NPDES permit, and the discharger is in compliance
with the applicable NPDES permit and other applicable laws and regulations.
Otherwise, discharges from water lines are illegal discharges.
D.
Allowable
Discharges. Non-stormwater discharges to the MS4 from the following
categories are allowed, unless the authorized enforcement staff or
the Regional Water Quality Control Board identifies the discharge
as a source of pollutants to receiving waters, in which case the discharge
is considered an illegal discharge:
1.
Discharges
from diverted stream flows;
2.
Discharges
from rising groundwater;
3.
Discharges
from uncontaminated groundwater infiltration to the MS4;
4.
Discharges
from springs;
5.
Discharges
from flows from riparian habitats and wetlands;
6.
Discharges from potable water sources, except as set forth in Encinitas Municipal Code Section 20.08.050 and except that irrigation runoff discharges are considered illegal discharges and are not allowed;
7.
Discharges
from foundation drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharges under unusual circumstances;
and
8.
Discharges
from footing drains when the system is designed to be located above
the groundwater table at all times of the year, and the system is
only expected to produce non-stormwater discharges under unusual circumstances.
E.
Conditionally
Allowed Discharges. Non-stormwater discharges from the following categories
are allowed if they are addressed as follows. Otherwise, non-stormwater
discharges from the following categories are illegal discharges:
1.
Air
Conditioning Condensation. Air conditioning condensation shall be
directed to landscaped areas or other pervious surfaces, or to the
sanitary sewer, where feasible, as determined by the authorized enforcement
staff.
2.
Individual
Residential Vehicle Washing. Wash water from individual residential
vehicle washing should be directed to landscaped areas or other pervious
surfaces, where feasible as determined by the authorized enforcement
staff. Minimizing water use, detergent, and other vehicle wash products,
and other BMPs to prevent the discharge of pollutants to the MS4 are
encouraged. Non-commercial car washes, such as fundraisers and other
similar activities, are not considered individual residential vehicle
washing, and are therefor considered illegal discharges.
3.
Water
From Swimming Pools.
a.
Chlorinated Swimming Pool Water. Chlorine, algaecide, filter backwash,
and other pollutants shall be eliminated prior to discharging swimming
pool water to the MS4.
b.
Saline Swimming Pool Water. Saline swimming pool water must be directed
to the sanitary sewer, landscaped areas, or other pervious surfaces
that can accommodate the volume of water, unless the saline swimming
pool water can be discharged through a pipe or concrete channel directly
to a naturally saline water body.
F.
Firefighting
Activities. Non-stormwater discharges to the MS4 from firefighting
activities are allowed if they are addressed as follows:
1.
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 shall be addressed by BMPs to prevent the discharge of
pollutants to the MS4.
2.
Emergency
Firefighting Discharges. BMPs are encouraged to prevent pollutants
from entering the MS4. During emergencies, priority of efforts should
be directed toward life, property, and the environment (in descending
order). BMPs shall not interfere with emergency response operations
or impact public health and safety.
G.
Conditionally
Allowed Discharges Not Absolute. Any conditionally allowed discharge
described above which the enforcement staff determines is a significant
source of pollutants to receiving waters shall be prohibited unless
the discharger complies with additional BMPs imposed by the enforcement
staff to reduce pollutants in the discharge to the maximum extent
practicable and the BMPs are effective. Such prohibitions shall take
effect after written notice to the discharger by the enforcement staff
containing a schedule for compliance based on the necessity to protect
public health and safety or the environment.
(Ord. 2015-07)
A discharger shall immediately notify enforcement staff of an
illegal discharge and take immediate action to control and contain
the illegal discharge. The discharger shall also mitigate any damage
caused by the illegal discharge.
The enforcement staff may order the discharger to prepare and
implement an approved mitigation plan with a time schedule for completion.
(Ord. 2015-07)
No person shall establish, use, or maintain an illegal connection
to the stormwater conveyance system or the receiving waters.
(Ord. 2015-07)
No person shall throw, deposit, leave, maintain, keep or permit
to be thrown, deposited, placed, left or maintained, any refuse, pet
waste, rubbish, garbage, or other discarded or abandoned objects,
in or upon any street, alley, parking lot, sidewalk, curb, gutter,
storm drain, catch basin, conduit, or other drainage structure or
lot except in receptacles maintained for the regular disposal of garbage.
Impervious surfaces which drain directly or indirectly into the stormwater
conveyance system shall be kept free of dirt and debris by regular
sweeping. The sweepings shall be placed in garbage receptacles and
shall not be allowed to enter the stormwater conveyance system.
(Ord. 2015-07)
No discharger shall fail to implement, install, use, or maintain
best management practices pursuant to the Stormwater Standards Manual
and to this chapter.
(Ord. 2015-07)
The best management practices established pursuant to the Stormwater
Standards Manual and to this chapter shall reduce pollutants from
the use or activity to the maximum extent practicable. For purposes
of enforcement of this chapter, the enforcement staff's determination
of the maximum extent practicable shall be conclusive.
(Ord. 2015-07)
Best Management Practices. Any person engaged in activities
which may result in discharges to the stormwater conveyance system
shall, to the maximum extent practicable, undertake all measures to
reduce the risk of non-stormwater discharges and pollutant discharges.
The following requirements shall apply:
A.
Every
person undertaking any activity or use of a premises that may cause
or contribute to stormwater pollution or contamination, illicit discharges,
or non-stormwater discharges to the MS4 shall comply with BMP guidelines
or pollution control requirements, as may be established by the authorized
staff. BMPs shall be maintained routinely throughout the life of the
activity. Such BMPs include the minimum BMPs set forth in the Stormwater
Standards Manual.
B.
Authorized
enforcement staff may require any business or operation that is engaged
in activities which may result in pollutant discharges to the MS4
to develop and implement a storm-water pollution prevention plan,
which must include an employee training program and the applicable
minimum BMPs from the Stormwater Standards Manual.
C.
Each
discharger that is subject to any NPDES permit shall comply with all
requirements of all such permits. The discharger must also make reports
submitted to the RWQCB or other permitting agency, including monitoring
data, available to the City upon request.
(Ord. 2015-07)
A.
Permit
Issuance. No landowner or development project proponent shall receive
any City grading, clearing, building or other land development permit
required for land disturbance activity without first meeting the requirements
of this chapter and the Stormwater Standards Manual with respect to
the portion of the development project and the land disturbance activity
to which the permit at issue would apply.
B.
Owners
and Operators both Responsible and Liable. Persons or entities performing
land disturbance activities (including, but not limited to, construction
activities) in the City, and the owners of land on which land disturbance
activities are performed, are dischargers for purposes of this chapter;
provided, however, that a local government or public authority is
not a discharger as to activities conducted by others in public rights-of-way.
C.
Plan
Submittals. All applications to the City for a permit or approval
associated with a land disturbance activity must demonstrate how the
proposed activity will comply with all applicable requirements in
a format specified by the City. The submitted materials shall specify
the manner in which the discharger/applicant will implement the BMPs
required by this chapter and the Engineering Design Manual for the
activity at issue.
(Ord. 2015-07)
A.
Application
to Development and Redevelopment Projects. No landowner or development
project proponent in the City shall receive any City grading, clearing,
building or other land development permit required for land development
activity or redevelopment activity unless the project meets or will
meet the requirements of this chapter and the applicable requirements
defined in the Engineering Design Manual.
B.
Owners
and Developers Responsible and Liable. Developers, development project
proponents, and landowners for land on which development activities
are performed, are dischargers for purposes of this chapter; provided,
however, that a local government or public authority is not a discharger
as to activities conducted by others in public rights-of-way.
C.
Permanent
Best Management Practices Required. Land development and redevelopment
activities with the potential to add pollutants to stormwater or to
affect the flow rate or velocity of stormwater runoff after construction
is completed, shall be designed to include and shall implement BMPs
to ensure that pollutants and runoff from the development will be
reduced to the MEP, will not significantly degrade receiving water
quality, and will not cause or contribute to an exceedance of water
quality standards in accordance with the requirements defined in the
Engineering Design Manual.
(Ord. 2015-07)
A.
Existing
Development. Dischargers shall maintain the designed functionality
of the BMPs they rely upon to achieve and maintain compliance with
this chapter.
B.
Permanent
BMPs. The owners and occupants of lands on which permanent BMPs have
been installed to meet the requirements of this chapter shall ensure
the maintenance of those BMPs pursuant to this chapter, and shall
themselves maintain those BMPs if other persons or entities who are
also obliged to maintain those BMPs (by contract or covenant, or pursuant
to this chapter) fail to do so.
C.
Maintenance
Obligations Assumed by Covenant or Other Agreement. Primary responsibility
to maintain a BMP may be transferred through a covenant or other agreement.
If that covenant provides that it will be submitted to the City pursuant
to this chapter as part of a development permit application, and if
that covenant is so submitted, the person or entity accepting a maintenance
obligation in such a covenant or agreement will also be legally obliged
to maintain that BMP pursuant to this chapter.
D.
Obligation
to Maintain BMPs not Avoided by Covenants or Other Agreements. For
purposes of City enforcement, no covenant or other agreement imposing
an obligation to maintain a BMP can relieve a person or entity of
any obligation to maintain a BMP imposed by this chapter.
E.
Disclosure
of Maintenance Obligations. Any developer who transfers ownership
of land on which a BMP is located or will be located, or who otherwise
transfers ownership of a BMP or responsibility for the maintenance
of a BMP to another person or entity, shall provide clear written
notice of the maintenance obligations associated with that BMP to
the new or additional responsible party prior to that transfer.
F.
Maintenance
Plans for Land Development Activities. The proponents of any land
development activity or redevelopment activity that requires installation
of permanent BMPs shall provide to the City for review and approval
prior to issuance of permits for the project, a plan for maintenance
of all permanent BMPs associated with the project in accordance with
the Engineering Design Manual. The plan shall specify the persons
or entities responsible for maintenance activity, the persons or entities
responsible for funding, schedules and procedures for inspection and
maintenance of the BMPs, worker training requirements, and any other
activities necessary to ensure BMP maintenance. The plan shall provide
for servicing of all permanent BMPs, at least annually, and for the
retention of inspection and maintenance records for at least three
years.
G.
Access
for Maintenance. Permanent BMPs shall be provided adequate access
for long-term inspection and maintenance purposes.
H.
Assurance
of Maintenance for Land Development Projects. The proponents of any
land development activity or redevelopment activity that requires
a City permit shall provide to the City, prior to issuance of permits
for the project, proof of a mechanism acceptable to the City which
will ensure ongoing long-term maintenance of all permanent BMPs associated
with the proposed project. The proponents shall be responsible for
maintenance of BMPs unless, and until, an alternative mechanism for
ensuring maintenance is accepted by the City and becomes effective.
I.
Permanent
BMP Inspection and Maintenance Verification. The owners and occupants
of lands on which permanent BMPs have been installed to meet the requirements
of this chapter shall maintain records of routine inspection and maintenance
of permanent BMPs. Records shall be submitted to the City upon request.
(Ord. 2015-07)
A.
The
enforcement staff may require dischargers to perform sampling, testing,
monitoring and reporting of results as a best management practice.
In addition, the enforcement staff may order a discharger to conduct
testing or monitoring and to report the results to the City in any
of the following scenarios:
1.
The
enforcement staff determines that testing or monitoring is needed
to determine whether BMPs are effectively preventing or reducing pollutants
in stormwater to the maximum extent practicable, or to determine whether
the facility is a significant source of contaminants to Waters of
the State; or
2.
The
enforcement staff determines that testing or monitoring is needed
to assess the impacts of an illegal discharge on health, safety or
the environment; or
3.
An
illegal discharge has not been eliminated after written notice by
the enforcement staff; or
4.
The
discharger is in violation of any provision of this chapter, or the
Regional Water Quality Control Board requires the City to provide
information on the discharger's activities.
B.
Testing
and monitoring ordered pursuant to this section may include the following:
1.
Visual
monitoring of dry weather flows, wet weather erosion, or BMPs;
2.
Visual
monitoring of premises for spills or discharges;
3.
Laboratory
analyses of stormwater or non-stormwater discharges for pollutants;
4.
Background
or baseline monitoring or analysis; and
5.
Monitoring
of receiving waters or sediments that may be affected by pollutant
discharges by the discharger.
C.
The
enforcement staff may direct the time and manner in which the results
of required testing and monitoring are reported, and shall determine
when required sampling, testing or monitoring may be discontinued.
The sampling, testing, monitoring and reporting shall be at the expense
of the discharger.
(Ord. 2015-07)
A.
Regulatory
Inspections. The enforcement staff or designee may inspect the premises
of any discharger at reasonable times and in a reasonable manner to
carry out the purposes of this chapter. If a discharger refuses to
allow entry for an inspection, an inspection warrant shall be obtained
prior to inspection.
B.
Scope
of Inspections. Inspections may include all actions necessary to determine
whether any illegal discharges or illegal connections exist, whether
the BMPs installed and implemented are adequate to comply with this
chapter, whether those BMPs are being properly maintained, and whether
the discharger complies with other requirements of this chapter. This
may include sampling, metering, monitoring, visual inspections, and
records review. Where samples are collected the discharger may request
and receive split samples. Records, reports, analyses, or other required
information may be inspected and copied, and photographs taken for
purposes of enforcement of this chapter.
C.
Installation
of Sampling Devices. As part of the inspection, the enforcement staff
may authorize the installation of sampling or metering devices.
(Ord. 2015-07)
The City Council may establish a fee by resolution to recover
the cost of inspection, sampling, metering, or monitoring by the enforcement
staff.
(Ord. 2015-07)
A violation of an NPDES stormwater permit other than the MS4
permit that results in or threatens to result in a discharge of pollutants
to the stormwater conveyance system shall also be considered a violation
of this chapter and may be enforced as such.
(Ord. 2015-07)
Compliance with this chapter shall be a condition of every permit
or approval granted or issued by the City. Failure to comply with
this chapter shall be grounds for revocation of any such permit or
approval.
(Ord. 2015-07)
The City Council hereby declares that any violation of this
chapter is a threat to public health, safety, and welfare and is deemed
a public nuisance.
(Ord. 2015-07)
A.
Misdemeanor
Violation. Notwithstanding any other provision of this Code, a violation
of this chapter is a misdemeanor punishable by a fine of not more
than $1,000.00 or imprisonment in the County Jail for a period of
not more than six months or both fine and imprisonment. Any such violation
may be charged as an infraction at the discretion of the City Attorney.
Any person convicted of an infraction under the provisions of this
chapter shall be punishable by a fine not to exceed $500.00 for a
first or second offense in one year, and not to exceed $1,000.00 for
a third violation in one year.
B.
Orders
of the Public Works Director. The Public Works Director is authorized
to issue cease and desist orders or stop work orders to any person
who is in violation of this chapter. Failure to comply with a written
order of the Public Works Director shall be a violation of this chapter
and shall be grounds for the imposition of the civil penalties described
in this section.
C.
Civil
Penalties. Any person who violates a provision of this chapter may
be assessed a civil penalty not to exceed $1,000.00 for each violation,
for each day the violation is committed, continued, permitted or maintained.
The civil penalties may be imposed by the enforcement staff after
written notice and a hearing before the City Manager or his/her designee
at which the person may present evidence and cross examine the witnesses
in support of the charges. Civil penalties may also be assessed by
the court in a civil action filed by the City to enforce the provisions
of this chapter.
D.
Abatement.
Any violation of this chapter may be abated as a public nuisance and
costs of abatement may be recovered by the City as allowed by law.
E.
Administrative
Fines. Any violation of this chapter is subject to administrative
fines as provided by this Code.
F.
Judicial
Action. This chapter is enforceable by any judicial action allowed
by law, including, but not limited to, injunctive relief.
G.
Liens.
Costs of enforcement of this chapter, including, but not limited to,
costs of investigation, sampling and monitoring costs, and unpaid
administrative fines and civil penalties, shall constitute a lien
against the real property on which the violation occurs and on the
real property of any person who violates this chapter until such lien
is satisfied. The lien may be recorded and executed in the same manner
as a judgment lien. Prior to the recordation of the lien, the property
owner shall be given written notice of the lien and an opportunity
to contest the validity of the lien and the amount at a hearing held
by the City Manager or his/her designee.
H.
Remedies
Not Exclusive. Remedies under this chapter shall be in addition to
each other, and in addition to any other legally available remedy,
and do not limit or supersede any other enforcement action, civil,
criminal or administrative.
(Ord. 2015-07)
If any section, subsection, or part of this chapter is declared
invalid by a court of competent jurisdiction, the remaining provisions
shall continue to be valid and enforceable so as to effectuate the
purpose and intent of this chapter.
(Ord. 2015-07)
