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:
"Beneficial uses"
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)].
"Best management practices" or "BMPs"
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.
"BMP maintenance"
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.
"City"
means the City of Encinitas.
"Clean Water Act Section 303(d) Impaired Water Body" or "impaired water body"
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.
"Discharge"
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.
"Discharger"
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.
"Enforcement staff"
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.
"Environmentally Sensitive Areas (ESAs)"
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.
"Groundwater"
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.
"Illegal connection"
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.
"Illegal discharge"
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.
"Impervious surface"
means constructed or modified surfaces that cannot effectively infiltrate rainfall such as building rooftops, pavement, sidewalks, driveways, etc.
"Impervious surface area"
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.
"Maximum extent practicable" or "MEP"
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.
"Municipal separate storm sewer system (MS4)"
(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.
"MS4 permit"
refers to RWQCB Order No. R9-2013-0001, and any subsequent amendments, revisions, or reissuance of the permit.
"Non-point source"
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.
"Non-stormwater discharge"
is any discharge to the stormwater conveyance system or receiving waters that is not composed entirely of stormwater.
"NPDES permit"
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").
"Permanent BMP"
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.
"Person"
means an individual, corporation, partnership, limited liability company, joint venture, non-profit organization, trust, association, or governmental agency.
"Point source"
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.
"Pollutant"
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.
"Pollution"
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.
"Receiving waters"
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.
"RWQCB"
means the California Regional Water Quality Control Board for the San Diego Region.
"Stormwater"
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.
"Stormwater conveyance system" (see also, "MS4")
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.
"Structural BMP"
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.
"SWRCB"
means the State Water Resources Control Board.
"Treatment control best management practice (TCBMP)"
is a permanent BMP designed to remove pollutants by gravity settling, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.
"Waters of the State"
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)).
"Waters of the United States"
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.
D. 
Parties undertaking land disturbance activities shall comply with all applicable requirements of this chapter, the Stormwater Standards Manual, Engineering Design Manual and Encinitas Municipal Code Chapter 23.24 (Grading and Erosion Control).
(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)