Note: Prior ordinance history: Ords. 318, 316 and 223.
This chapter shall be known as the "Lemon Grove Stormwater Management
and Discharge Control Ordinance." The purposes of this chapter are
as follows:
A.
To establish
requirements for discharges into the municipal separate storm sewer
system (MS4), receiving waters, and the environment;
B.
To protect,
to the maximum extent practicable (MEP), life, property, receiving
waters, aquatic life, and the environment from loss, injury, degradation,
or damage by discharges from within the city's jurisdiction;
C.
To protect
the MS4 from damage; and
D.
To meet
the requirements of state and federal law and the California Regional
Water Quality Control Board (RWQCB) Order No. R9-2013-0001, NPDES
Permit No. CAS0109266, as may be amended (MS4 Permit).
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
The following definitions shall be applicable when the following
words or phrases are used hereafter in this chapter (including use
in the city of Lemon Grove's Best Management Practices Manual), whether
or not these words or phrases are capitalized.
means the city manager of the city of Lemon Grove or any
designee of the city manager of the city of Lemon Grove who is responsible
for enforcing the provisions of this chapter, including, but not limited
to, the directors, their management staff and designees.
means the comprehensive water quality control plan for the
San Diego Basin, adopted by the Regional Water Quality Control Board
for the San Diego Region in July 1975, and all subsequent amendments.
mean schedules of activities, pollution treatment practices
or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, 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 MS4. Best management practices also include, but are
not limited to, treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage. Best management practices
may include any type of pollution prevention and pollution control
measure, approved by the city and consistent with the MS4 Permit,
that can help to achieve compliance with this chapter.
means the city's BMP Manual adopted by resolution and amended
from time to time by the city council. The applicable version of the
BMP Manual for a development shall be the version in effect at the
time of final approval of the permit or other entitlement applicable
to the improvement.
means a natural or improved watercourse with a definite bed
and banks that conveys continuously or intermittently flowing water.
means the city of Lemon Grove.
as defined in the Porter-Cologne Water Quality Control Act,
is an impairment of the quality of waters of the state by waste to
a degree which creates a hazard to the public health through poisoning
or through the spread of disease. "Contamination" includes any equivalent
effect resulting from the disposal of waste whether or not waters
of the state are affected.
means the county of San Diego.
means a person who seeks or receives permits for or who undertakes
land development activity.
means the directors of the city's development services department
and the public works department.
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 MS4 or receiving waters, from
an activity or operations which one owns or operates. When used as
a noun, "discharge" means the pollutants, stormwater and/or non-stormwater
that is discharged.
means any person or entity engaged in activities or operations
or owning facilities, which will or may result in pollutants entering
stormwater, the MS4, or receiving waters; and the owners of real property
on which such activities, operations or facilities are located; provided
however, that a local government or public authority is not a discharger
as to activities conducted by others in public rights-of-way.
refers to any process in which land is diminished or worn
away due to wind, water, or glacial ice. Often the eroded debris (silt
or sediment) becomes a pollutant via stormwater runoff. Erosion occurs
naturally but can be intensified by land clearing activities such
as development, farming, road building, and timber harvesting.
means subsurface water that occurs beneath the water table
in soils and geologic formations that are fully saturated.
means a pipe, facility, or other device connected to the
MS4 or receiving waters, which has not been reviewed and authorized
by the city; or a permitted/authorized pipe, facility, or other device,
which conveys illegal discharges.
means any discharge to the MS4 or receiving waters that is prohibited by this chapter. This includes, but is not limited to, discharges of non-stormwater that are not exempt discharges listed in Section 8.48.050, 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 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 and storm water pollution prevention plan (SWPPP) conditions is maintained.
means the process of percolating stormwater or non-stormwater
into the soil.
means any structural treatment BMP designed primarily to
percolate water into the subsurface, such as an infiltration trench
or infiltration basin. An infiltration BMP may include filtering prior
to or during infiltration. BMPs that infiltrate some water but which
are designed primarily to retain water or to treat water, such as
retention basins, constructed wetlands, or filtering swales are not
infiltration facilities.
means construction, rehabilitation, redevelopment, or reconstruction
of any public or private projects.
means any activity, requiring a grading permit that moves
fifty cubic yards of soils or substantially alters the pre-existing
vegetated or man-made cover of any land. This includes, but is not
limited to, grading, digging, cutting, scraping, stockpiling or excavating
of soil; placement of fill materials; paving, pavement removal, exterior
construction; substantial removal of vegetation where soils are disturbed
including, but not limited to, removal by clearing or grubbing; or
any activity which bares soil or rock or involves streambed alterations
or the diversion or piping of any watercourse. Land disturbance activity
does not include routine maintenance to maintain original line and
grade, hydraulic capacity, or the original purpose of the facility,
nor does it include emergency construction activities (i.e., land
disturbances) required to protect public health and safety.
means the holder of legal title to the land, and other persons
or entities who exercise control over a land development project pursuant
to rights granted in a purchase agreement, joint venture agreement,
development agreement, or long-term lease.
means a stormwater management and land use development strategy
that emphasizes conservation and the use of on-site natural features
integrated with engineered, small-scale hydrologic controls to more
closely reflect pre-development hydrologic functions.
means periodic action taken to maintain the as-designed performance
of a 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 technology-based standard established by Congress
in the Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers
of urban runoff must meet. MEP generally emphasizes pollution prevention
and source control BMPs primarily (as the first line of defense) in
combination with treatment methods serving as a backup (additional
lines of defense). MEP is an acceptability standard for BMPs. When
BMPs are required to meet this standard, the BMPs must be the most
effective set of BMPs that is still practicable. A BMP is effective
if it prevents, reduces or removes the pollutants that would otherwise
be present in runoff due to human activity. A BMP is practicable if
it complies with other regulations as well as stormwater regulations;
is compatible with the area's land use, character, facilities and
activities; is technically feasible (considering area soil, geography,
water resources and other resources available); is economically feasible;
and provides benefits that are reasonable in relation to costs.
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, storm water,
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 storm water; (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, NPDES Permit No.
CAS0109266, as may be amended.
means a natural swale or topographic depression, which gathers
and/or conveys run-off to a permanent or intermittent watercourse
or water body.
means land disturbing activities; structural development,
including construction or installation of a building or structure,
the creation of impervious surfaces; and land subdivision.
means any discharge to the MS4 that is not entirely composed
of stormwater.
means a National Pollutant Discharge Elimination System (NPDES)
permit issued by the U.S. Environmental Protection Agency, the SWRCB,
or the RWQCB.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 17.08.030 and/or applicable state law.
shall mean 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.
as defined in the Porter-Cologne Water Quality Control Act,
is the alteration of the quality of the waters of the state by waste,
to a degree which unreasonably affects either of the following: (1)
the waters for beneficial uses; or (2) facilities that serve these
beneficial uses. "Pollution" may include contamination.
is a report that documents how a priority development project complies with applicable BMP requirements for land development and redevelopment activities listed in the BMP Manual and Chapter 8.52 of the municipal code. Post-construction stormwater management plans are commonly referred to by titles such as Water Quality Technical Report (WQTR) and Storm Water Quality Management Plan (SWQMP).
means any building, lot parcel, land or portion of water
whether improved or unimproved.
refers to new development and redevelopment project categories as more fully set forth in the BMP Manual and Chapter 8.52 of the municipal code.
means all waters that are waters of the United States.
means any construction, alteration or improvement at an already
developed site. Redevelopment can include, but is not limited to,
the expansion of building footprints, the addition or replacement
of a structure, exterior construction and remodeling, replacement
of existing impervious surfaces that are not part of a routine maintenance
activity, and other activities that create additional impervious surface.
means all flows in a MS4 including stormwater (wet weather
flows) and non-stormwater (dry weather flows).
means the Regional Water Quality Control Board for the San
Diego Region.
means soils or other surficial materials eroded and then
transported or deposited by the action of wind, water, ice, or gravity.
Sediment resulting from anthropogenic sources (i.e., human induced
land disturbance activities) is considered a pollutant. Sediments
can increase turbidity, clog fish gills, reduce spawning habitat,
lower young aquatic organisms' survival rates, smother bottom dwelling
organisms, and suppress aquatic vegetation growth.
means land use or site planning practices, or structures
that aim to prevent urban runoff pollution by reducing the potential
for contamination at the source of pollution. Source control BMPs
minimize the contact between pollutants and urban runoff. Examples
include roof structures over trash or material storage areas, and
berms around fuel dispensing areas.
means NPDES Permit No. CAS000002, and any amendments thereto.
means NPDES Permit No. CAS000001, and any amendments thereto.
means an order issued which requires that specifically identified
activity or all activity on a site be stopped.
means surface runoff and drainage associated with storm events.
means the use of structural or non-structural BMPs that are
designed to reduce urban run-off pollutant loads, discharge volumes,
and/or peak discharge flow rates or velocities. When applied to the
city or another municipality, stormwater management also includes
planning and programmatic measures.
means a plan, submitted on a city form or in a city-specific
format in connection with an application for a city permit or other
city approval, identifying the measures that will be used for stormwater
and non-stormwater management during the permitted activity.
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 authorized non-stormwater discharges. Constructed or
enhanced BMPs that depend on natural materials and processes (e.g.,
constructed drainage swales or buffers, or constructed wetlands),
and that require period maintenance to function as designed, are structural
BMPs.
means a structural BMP, other than a temporary construction-related
BMP, put in place in connection with a land development or redevelopment
project to prevent or reduce pollution of stormwater or receiving
waters, or to prevent or reduce erosion downstream from the project.
All treatment control BMPs are structural post-construction BMPs.
means the State Water Resources Control Board.
means a permanent or intermittent stream, creek, or other
body of water, either natural or improved, which gathers or carries
surface water.
are defined as the beneficial uses (e.g., swimming, fishing,
municipal drinking water supply, etc.) of water and the water quality
standards adopted by the state or the United States Environmental
Protection Agency to protect those uses.
means any water, surface or underground, including saline
waters within the boundaries of the state (State Water Code Section
10350(e)). 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 "waters of the state" regardless
of circumstances or condition.
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.
(Ord. 369 § 1, 2008; Ord. 389 § 1, 2010; Ord. 428 § 1, 2015)
A.
Responsibility
for Administration. This chapter shall be administered for the city
of Lemon Grove by its authorized enforcement officials.
B.
Effective
Date. This chapter shall take effect on June 27, 2015.
C.
Construction
and Application. Interpretation of this chapter shall assure consistency
with the purpose and intent of this chapter and shall implement the
requirements of the MS4 Permit. This chapter is not intended to interfere
with, abrogate or annul any other chapter, rule or regulation, statute,
or other provision of law. The requirements of this chapter should
be considered minimum requirements, and where any provision of this
chapter imposes restrictions different from those imposed by any other
chapter, rule or regulation, or other provision of law, whichever
provisions are more restrictive or impose higher protective standards
for human health or the environment shall take precedence. Stormwater
and non-stormwater discharges regulated under a valid facility-specific
NPDES permit or facility-specific RWQCB waste discharge requirements
permit are not subject to this chapter, but shall instead be regulated
exclusively by the RWQCB.
D.
BMP
Manual. The city may establish and adopt a written description of
the runoff management measures and programs, including minimum BMPs,
that the city will implement, or require to be implemented, to ensure
compliance with this chapter. These documents shall be known collectively
as the BMP Manual. Amendments to the BMP Manual shall be approved
by resolution of the city council.
E.
Severability
and Validity. If any section of this chapter is declared invalid by
a court of law, the remaining sections shall remain valid. The city
council hereby declares that it would have passed this chapter, and
each section, subsection, sentence, clause and phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses or phrases had been declared invalid or unconstitutional,
and if for any reason this chapter should be declared invalid or unconstitutional,
then the original ordinance or ordinances shall be in full force and
effect.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Illegal Discharges. The discharge of pollutants, directly or indirectly, into the MS4 or receiving waters is prohibited, except as exempted in Section 8.48.050 of this chapter. The discharge of pollutants to stormwater, directly or indirectly into the MS4 or receiving waters, is prohibited, unless the applicable requirements of this chapter have been met.
B.
Illegal
Connection. The establishment of illegal connections is prohibited.
The use of illegal connections is prohibited, even if the connection
was established pursuant to a valid city permit and was legal at the
time it was constructed.
C.
Prevention
of Illegal Discharges. Throwing, depositing, leaving, abandoning,
maintaining or keeping materials or wastes on public or private lands
in a manner and place where they may result in an illegal discharge
is prohibited.
D.
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. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Permitted
Discharges. Any discharge to the MS4 that is regulated under a NPDES
permit issued to the discharger and administered by the state 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 (RWQCB 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 an authorized enforcement official
or the RWQCB 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 flows from riparian habitats and wetlands;
3.
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;
4.
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-storm water discharges under unusual
circumstances;
5.
Discharges
from rising groundwater;
6.
Discharges
from uncontaminated groundwater infiltration to the MS4;
7.
Discharges
from springs; and
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 discharges
shall comply with applicable BMPs identified in the BMP Manual.
2.
Individual
Residential Vehicle Washing. Wash water from individual residential
vehicle washing must be directed to landscaped areas or other pervious
surfaces, where feasible. Where discharges cannot be feasibly prevented,
BMPs must be implemented in accordance with the BMP Manual. Non-commercial
car washes, such as fundraisers and other similar activities, are
not considered individual residential vehicle washing. Discharges
from such activities are therefore 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, according to requirements for such discharges
as required by the city engineer, or otherwise disposed of in a manner
that does not result in a discharge to the city's MS4.
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.
Exemptions not Absolute. Notwithstanding the categories of non-stormwater discharges conditionally allowed by subsections A through F, if the RWQCB or the authorized enforcement official determines that any of these categories of otherwise conditionally allowed non-stormwater discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Best
Management Practices. Any person engaged in activities which may result
in discharges to the MS4 shall, to the MEP, undertake all measures
to reduce the risk of non-stormwater discharges and pollutant discharges.
The following requirements shall apply:
1.
Every
person undertaking any activity or use of premises that may cause
or contribute to stormwater pollution or contamination, illegal discharges,
or non-stormwater discharges to the MS4 shall comply with BMP guidelines
or pollution control requirements, as may be established by the authorized
enforcement official. BMPs shall be maintained routinely throughout
the life of the activity. Such BMPs include the minimum BMPs set forth
in the BMP Manual.
2.
An
authorized enforcement official may require any business or operations
that are 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 BMP Manual.
3.
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.
B.
Guidance
Documents. Any authorized enforcement official under the supervision
of the city engineer may prepare, disseminate and maintain guidance
documents addressing the use of BMPs for specific activities or facilities,
illegal connections, and illegal discharges. These guidance documents
may set out additional compliance alternatives that, in specified
circumstances, can provide the same environmental protection that
is afforded by the BMPs required by this chapter or specified in the
BMP Manual.
C.
Significant Sources of Pollutants. Where an authorized enforcement official identifies a discharge that is in violation of Sections 8.48.040 and 8.48.050, an authorized enforcement official may order the discharger to install, implement, and maintain additional BMPs to prevent or reduce contamination in stormwater and non-stormwater to the MEP. Any such order shall specify a reasonable date by which those BMPs must be put in place. The failure to install, implement, or maintain additional BMPs as required by any such order is a violation of this chapter.
D.
Collection
and Use of Stormwater. An authorized enforcement official may modify
any requirement imposed by this chapter to allow the on-site collection
and use of stormwater, or the collection of stormwater for delivery
to and use at city-designated sites, provided the modified requirements
are enforceable and provide equivalent environmental protection.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Permit Issuance. No land owner or development project proponent shall receive any city grading, clearing, building or other land development permit or equivalent approval required for land disturbance activity without first meeting the requirements of this chapter, the BMP Manual, and Chapter 18.08 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 activity (including, but not limited to, construction
activities) in the city, and the owners of land on which land disturbance
activity is 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.
Stormwater Management Plan. All applications to the city for a permit or approval associated with a land disturbance activity must be accompanied by a stormwater management plan, on a form or in a format specified by the city. The stormwater management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter, the BMP Manual, and Chapter 18.08 for the activity at issue.
D.
Agricultural
Grading and Clearing. The BMP requirements imposed by this section
for land disturbance activities apply to agricultural grading and
clearing, whether or not a city-issued grading and clearing permit
is required for that activity. Tilling or cultivating land exclusively
for the purpose of growing plants or animals is not considered to
be grading or clearing, provided all disturbed material remains on
the same site, the tilling or cultivating will not block or divert
any natural drainage way, and the land to be tilled or cultivated
has been in agricultural production for at least one of the preceding
five years.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Application to Development and Redevelopment Projects. No land owner 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 city's BMP Manual and Chapter 8.52. For priority development projects, the project's post-construction stormwater management plan must be approved prior to the issuance of such permits.
B.
Owners
and Developers Responsible and Liable. Developers, development project
proponents, and land owners for land on which land development activity
is 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.
Post-Construction Best Management Practices Required. Land development and redevelopment projects 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 post-construction 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 receiving water quality standards in accordance with the requirements defined in the BMP Manual and Chapter 8.52.
D.
Land Development Associated with Agricultural Operations. The requirements imposed by Section 8.48.080 of this chapter for land development activities apply to such activities when they are associated with agricultural operations.
E.
Post-Construction
Stormwater Management Plan. All applications to the city for a permit
or approval associated with a land development or redevelopment activity
must be accompanied by a post-construction stormwater management plan
on a form or in a format specified by the city. The plan shall specify
the manner in which the discharger/applicant will implement the post-construction
BMPs required by this chapter. The plan must address those aspects
of the project that, at the time a complete application is submitted,
are subject to further environmental review pursuant to Section 15162
of the California Environmental Quality Act. Post-construction BMPs
for other aspects of the project need not be addressed in this plan.
F.
Stormwater
Management Plan Review Fee and Deposit. Fees for stormwater management
plan review and deposit thereof may be adopted by resolution of the
city council.
G.
Control
to the Maximum Extent Practicable. All dischargers engaged in land
development and significant redevelopment activities shall install,
implement and maintain post-construction BMPs as needed to prevent
or reduce pollutant discharges in stormwater from land disturbance
to the MEP.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Existing
Development. Dischargers shall maintain the BMPs they rely upon to
achieve and maintain compliance with this chapter.
B.
Structural
Post-Construction BMPs. The owners and occupants of lands on which
structural post-construction BMPs have been installed to meet the
requirements of this chapter shall ensure the maintenance of those
BMPs, 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 Contract or Other Agreement. Primary responsibility
to maintain a BMP may be transferred through a contract or other agreement.
If that contract provides that it will be submitted to the city pursuant
to this chapter as part of a development permit application, and if
that contract is so submitted, the person or entity accepting a maintenance
obligation in such a contract or agreement will also be legally obligated
to maintain that BMP pursuant to this chapter.
D.
Obligation
to Maintain BMPs Not Avoided by Contracts or Other Agreements. For
purposes of city enforcement, no contract 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 Projects. The proponents of any land development
project or significant redevelopment project that requires a installation
of structural post-construction BMPs shall provide to the city for
review and approval prior to issuance of such permit, a plan for maintenance
of all post-construction structural BMPs associated with the project.
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 post-construction
structural BMPs at least annually, and for the retention of inspection
and maintenance records for at least three years.
G.
Access
for Maintenance. Structural post-construction 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 structural post-construction
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.
Security
for Maintenance for Land Development Projects. If it is determined
by the authorized enforcement official that the public interest requires
the posting of a bond or other security to assure the maintenance
of a BMP, such bond or security may be required by the authorized
enforcement official.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
A.
Regulatory
Inspections. The authorized enforcement official may establish inspection
or certification programs to evaluate and enforce compliance with
the requirements of this chapter. If entry for a regulatory inspection
is refused by the facility owner or operator, or by the occupant of
a residence, an inspection warrant shall be obtained prior to inspection.
B.
Inspections
of New Construction. When any new storm drain system or structural
BMP is installed on private property as part of a project that requires
a city permit, in order to comply with this chapter, the property
owner shall grant the city permission to access the property at reasonable
times and in a reasonable manner to ensure that the BMP is working
properly. This includes the right to enter the property without prior
notice for routine inspections, to enter as needed for additional
inspections when the city has a reasonable basis to believe that the
BMP is not working properly, to enter for any needed follow-up inspections,
and to enter when necessary for abatement of a nuisance or correction
of a violation of this chapter.
C.
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 facility or activity complies with the other requirements of this
chapter.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
Authorized enforcement officials may enforce this chapter and
abate public nuisances as follows:
A.
Administrative
Authorities.
1.
Administrative
Penalties. Administrative penalties may be imposed in accordance with
the provisions for administrative penalties set forth in this chapter.
Administrative penalties may include the recovery of fines assessed
against the city of Lemon Grove by the RWQCB. Any later-enacted administrative
penalty provision in the LGMC shall also be applicable to this chapter,
unless otherwise provided therein.
2.
Cease
and Desist Orders. Written and/or verbal orders may be issued to stop
illegal discharges and/or remove illegal connections. If it is determined
by an authorized enforcement official that the public interest requires
the posting of bond or other security to assure the violation is corrected,
such bond or security may be required by the authorized enforcement
official.
3.
Notice
and Order to Clean, Test or Abate. Written and/or verbal orders may
be issued to perform activities to comply with the BMP Manual, this
chapter, or as directed by an authorized enforcement official where
conditions warrant.
4.
Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections (A)(2) and (A)(3) of this section are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapter 1.14. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure.
5.
Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this chapter, or other laws implemented through enforcement of
this chapter, an authorized enforcement official may order the work
stopped by notice in writing served on any person engaged in the doing
or causing such work to be done, and any such person shall immediately
stop such work until authorized by the authorized enforcement official
to proceed with the work.
6.
Permit
Suspension or Revocation. Violations of this chapter may be grounds
for permit and/or other city license suspension or revocation in accordance
with applicable sections of the Lemon Grove Municipal Code.
B.
Judicial
Authorities.
1.
Civil Penalties and Remedies. The city attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in Section 8.48.120 of this chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.
2.
Injunctive
Relief. The city may enforce compliance with this chapter by judicial
action for injunctive relief.
3.
Arrest
or Issue Citations. The assistance of a peace officer may be enlisted
to arrest violators as provided in California Penal Code, and/or a
citation and notice to appear as prescribed in the Penal Code, including
Section 853.6 may be issued. There is no requirement that administrative
enforcement remedies be used before such actions are taken. The immunities
prescribed in Section 836.5 of the Penal Code are applicable to authorized
enforcement officials acting in the course and scope of their employment
pursuant to this chapter.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
In addition to failing to comply with any of the other requirements,
the following acts and omissions are violations of this chapter, whether
committed by a discharger or by another person or entity:
A.
Causing,
Permitting, Aiding or Abetting Noncompliance. Causing, permitting,
aiding, or abetting noncompliance with any part of this chapter constitutes
a violation of this chapter.
B.
Concealment,
Misrepresentation and False Statements. Any falsification or misrepresentation
made to the city concerning compliance with this chapter, including
any misrepresentation in a voluntary disclosure, any submission of
a report that omits required material facts without disclosing such
omission, and any withholding of information required to be submitted
by or pursuant to this chapter in order to delay city enforcement
action, is a violation of this chapter. Concealing a violation of
this chapter is a violation of this chapter.
C.
Failure
to Promptly Correct Non-compliance. Violations of this chapter must
be corrected with the time period specified by an authorized enforcement
official. Each day (or part thereof) in excess of that period during
which action necessary to correct a violation is not initiated and
diligently pursued is a separate violation of this chapter. Notwithstanding
the granting of any period of time to the discharger to correct the
damage, the discharger shall remain liable for some or all of any
fines or penalties imposed pursuant to this chapter, or by the RWQCB.
D.
City
Permits and Plans. Any failure to conform to an applicable city-required
plan prepared pursuant to this chapter; any failure to comply with
stormwater-related provisions of a city-issued grading permit or grading
plan prepared to secure such a permit; and any failure to comply with
stormwater-related provisions in any other city permit or approval,
is also a violation of this chapter. For purposes of this chapter
a permit provision or condition of approval is "stormwater-related"
if compliance with the provision or condition would have the effect
of preventing or reducing contamination of stormwater or of moderating
run-off flows rates or velocities, whether or not the provision or
condition was initially imposed to promote those outcomes.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
Remedies under this chapter are in addition to and do not supersede
or limit any other remedies, civil or criminal. The remedies provided
for herein shall be cumulative and not exclusive.
(Ord. 369 § 1, 2008; Ord. 428 § 1, 2015)
