This chapter implements the Federal Water Pollution Control
Act (the "Clean Water Act" or "CWA"), 33 U.S.C. Sections 1251-1387,
and the California Water Code by prohibiting the discharge of any
pollutant to navigable waters of the United States from a point source
unless the discharge is authorized by a permit issued pursuant to
the National Pollutant Discharge Elimination System ("NPDES") required
by CWA Section 402, 33 U.S.C. Section 1342, and prohibits nonstorm
water discharges into the storm drain system.
(§ 2, Ord. 735, eff. March 12, 1999)
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and, if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board—Los Angeles ("RWQCB—ILA") as such permits may be amended from time to time.
shall mean schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or
reduce Pollutants in discharges. BMPs include, but are not limited
to, public education and outreach, proper planning of development
projects, proper clean-out of catch basins and proper waste handling
and disposal.
shall mean Chapter 12 of Title 5 of the Ojai Municipal Code.
shall mean the City of Ojai, California.
shall mean any construction, rehabilitation, redevelopment
or reconstruction for which either discretionary land use approval
or a permit is required, for any public or private residential (whether
single-family, multi-unit or planned unit development); industrial;
commercial; retail; institutional; and other nonresidential projects,
including public agency projects; or mass grading for future construction.
shall mean the Director of Public Works of the City of Ojai
and persons designated by and under the Director's instruction and
supervision.
when used without qualification, shall mean the discharge
of a pollutant.
shall mean any addition of any pollutant to waters of the
United States, to the City's storm drain system or any addition of
any pollutant to waters of the contiguous zone from any point source
other than a vessel or other floating craft which is being used as
a means of transportation.
shall mean the Environmental Protection Agency of the United
States of America.
shall mean those substances designated as hazardous substances
under Section 311(b)(2)(A) of the Federal Water Pollution Control
Act, which are listed in the table at 40 C.F.R. Section 116.4, and
other applicable law.
shall mean the City Manager or the City Manager's designee,
who shall preside at the administrative hearings authorized by this
chapter and issue final decisions on matters raised therein.
shall mean any device or artifice, excluding roof drains
and other similar connections, into the Municipal Separate Storm Sewer
System, without a permit, through or by which an Illicit Discharge
may be discharged.
shall mean any discharge to the storm drain system that is
not composed entirely of storm water except discharges pursuant to
an NPDES permit and discharges which are exempt or conditionally exempt
in accordance with any applicable order of the RWQCB—LA. The
term "illicit discharge" shall not include the following types of
nonstorm water discharges, unless the RWQCB—LA determines that
these discharges cause specific receiving water limit violations:
Water line flushing;
Landscape irrigation;
Diverted stream flows;
Rising ground waters;
Uncontaminated ground water infiltration (as defined at 40 C.F.R.
35.2005(20)) to separate storm sewers;
Uncontaminated pumped ground water;
Discharges from potable water sources;
Foundation drains;
Air conditioning condensation;
Irrigation water;
Springs;
Water from crawl space pumps;
Footing drains;
Lawn watering;
Individual residential or non-commercial car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
Street wash water;
Discharges or flows from fire fighting activities; and
Other types of discharge approved by the Executive Officer of
the Regional Board.
shall mean an invoice for the actual costs and expenses of the City, including, but not limited to, administrative overhead, salaries, attorney's fees and other expenses recoverable under applicable law, incurred during any inspection, investigation or proceeding conducted pursuant to this chapter, where a notice of violation or other enforcement option under Section 5-12.112 is used to obtain compliance with this chapter.
shall mean an authorization, license or equivalent control
document issued by the US EPA, the State Water Resources Control Board
or a Regional Water Quality Control Board, and includes an NPDES general
permit and the permit issued by the RWQCB—LA, and entitled Water
Discharge Requirements for Storm Water Management/Urban Runoff Discharges
for VCFCD, County of Ventura, and the cities of Ventura County, Order
No. 94-082 (NPDES No. CAS063339).
shall mean any individual, firm, association, partnership,
corporation, consortium, local, state or federal government agency,
political subdivision, trust, estate, cooperative association, joint
venture, business entity or other similar entity, or the agent, employee
or representative of any of the above.
shall mean a "pollutant" as defined in Section 502(6) of
the Clean Water Act, 33 U.S.C. Section 1362(6) or Water Code Section
13373, or other applicable law, which is discharged into water. "Pollutant"
shall not mean uncontaminated storm water, potable water or reclaimed
water generated by a lawfully permitted water treatment facility,
or any substance, the discharge of which into the storm drain system,
through BMPs, has been reduced to the maximum extent practicable,
and shall not include those nonstorm water discharges set forth in
the definition of "illicit discharge" contained in subsection (l)(1)
of this section, unless the RWQCB—LA determines that these discharges
cause specific receiving water limit violations.
shall mean any real property, irrespective of ownership.
shall mean the person(s) identified in and responsible for
compliance with the provisions of a storm water pollution prevention
plan or storm water pollution control plan, and includes the owner
and operator of the property to which the plan relates.
shall mean either the State general industrial storm water
permit or the State general construction permit and the terms and
requirements of either or both. In the event the EPA revokes the in-lieu
permitting authority of the State Water Resources Control Board, the
term "State general permit" shall also refer to any EPA-administered
storm water control program for industrial and construction activities.
shall mean a conveyance or system of conveyances, including
municipal streets, gutters, conduits, natural or artificial drains,
channels and watercourses, or other facilities owned, operated, maintained
or controlled by the City and used for the purpose of collecting,
storing, transporting or disposing of Storm Water into waters of the
United States (as defined at 40 C.F.R. Section 122.2).
shall mean runoff from rain or storm activity, snow melt
runoff and surface runoff and drainage.
shall mean the plan as required by the City.
shall mean the plan as required by State general permit.
shall mean the Ventura Countywide Storm Water Quality Management
Plan, as the same may be amended from time to time.
shall mean any natural or artificial channel for passage
of water including the VCFCD jurisdictional channels, or "red line
channels" (as described in the List of Channels within the Comprehensive
Plan of the VCFCD as of October 4, 1994 and its amendments).
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
The
discharge of pollutants into the storm drain system is prohibited.
All discharges of material other than storm water must be in compliance
with NPDES Permit No. CAS063339 or any other NPDES permit issued by
the State of California.
(b)
No
person shall:
(1)
Construct, use, maintain, operate and/or continue to utilize an illicit
connection.
(2)
Cause, allow or facilitate an illicit discharge.
(3)
Act, cause, permit or suffer any agent, employee or independent contractor
to construct, maintain, operate or utilize an illicit connection or
cause, allow or facilitate an illicit discharge.
(4)
Use storm drain system or watercourses for the discharge/disposal
of wastes (including, but not limited to, yard trimmings, cut grass
or paint clean-up).
(5)
Throw, deposit, leave, maintain, keep or permit to be thrown, deposited,
kept or maintained in or upon any public or private property, driveway,
parking area, street, alley, sidewalk or other component of the storm
drain system, any refuse, rubbish, garbage, litter or other discarded
or abandoned objects, articles and accumulations, so that the same
may cause or contribute to pollution. Wastes deposited in streets
immediately prior to and for the purposes of collection are exempt
from this prohibition.
(c)
This
prohibition expressly includes, without limitation, all illicit connections
regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
Discharges
of storm water containing pollutants which have not been reduced to
the maximum extent practicable are prohibited.
(b)
Any
person engaged in activities which will or may result in pollutants
entering the storm drain system or watercourses shall undertake all
practicable measures to reduce such pollutants.
(c)
With
written concurrence of the Regional Board, the City may exempt in
writing other nonstorm water discharges which are not a source of
pollutants to the storm drain system or watercourses.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
On
and after January 1, 1999, all development within the City shall be
undertaken in accordance with:
(1)
Any conditions and requirements established by an applicable NPDES
permit which are reasonably related to the reduction or elimination
of pollutants in storm water from the project site.
(2)
A storm water pollution prevention plan, which shall be prepared
in accordance with State general permit.
(3)
A storm water pollution control plan, which shall be prepared in
accordance with City requirements.
(4)
Any condition and/or requirements established by the City to protect
specific watersheds or drainage basins.
(b)
Prior
to the issuance by the City of any discretionary land use approval
or permit for any development, the property owner shall submit to
and obtain the approval of the Director for a storm water pollution
control plan.
(c)
Proof
of compliance with any general NPDES permit shall be required in a
form acceptable to the City.
(d)
Notwithstanding the subsections (a) and (b) of this section, a storm water pollution control plan shall not be required for a development of four or fewer lots which are zoned to permit only single-family units unless the Director determines that such development construction may result in the discharge of significant levels of a pollutant into the storm drain system.
(e)
Compliance
with the conditions and requirements of a storm water pollution control
plan shall not exempt any person from the requirement to comply independently
with each provision of this chapter.
(f)
Each
application for a storm water pollution control plan shall name a
responsible party for the project.
(g)
The
owners of lots included in a development project, their successors
and assigns and each named responsible party (collectively "owners")
shall implement and adhere to the terms, conditions and requirements
of the approved storm water pollution control plan. Each failure or
violation by the owners to implement and adhere to the terms, conditions
and requirements of an approved storm water pollution control plan
shall constitute a separate violation of this chapter. The Director
may require that the storm water pollution control plan be recorded
with the County Recorder's office by the property owner.
(h)
The
costs and expenses of the City incurred in the review, approval or
revision of any storm water pollution control plan or other related
requirements (or in the approval or revision of any such) shall be
assessed to the owners and shall be due and payable to the City. The
City may elect to require a deposit of estimated costs and expenses
and the actual costs and expenses shall be deducted from the deposit
and the balance, if any, refunded to the depositor.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
The
Director may adopt requirements establishing appropriate BMPs for
any activity, operation or facility which may cause or contribute
to pollution or contamination of the storm drain system. If relevant
BMPs have been promulgated by the City or any federal, State of California
and/or regional agency for an activity, operation or facility which
would otherwise cause the discharge of pollutants to the storm drain
system or watercourses, every person undertaking such activity or
operation or owning or operating such facility shall implement such
BMPs.
(b)
Any
person engaged in activities or operations or owning facilities or
property which will or may result in pollutants entering the storm
drain system, or watercourses, as determined by the Director, shall
implement applicable BMPs to the extent they are technologically and
economically achievable to prevent and/or reduce such pollutants.
(§ 2, Ord. 735, eff. March 12, 1999)
Each industrial discharger associated with any construction
activity, or any other discharger described in any NPDES or NPDES
general permit as may be adopted by the EPA, the State Water Resources
Control Board or the RWQCB—LA, shall comply with and undertake
all other activities required by any applicable NPDES general permit
with regard to such discharge.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
The
Director shall require a person responsible for an illicit discharge
to discontinue the illicit discharge immediately, or by a specified
date, discontinue the discharge and to require such person to take
any necessary measures to eliminate the source of the illicit discharge.
(b)
The
Director shall require a person responsible for illicit connection
to the storm drain system to eliminate or secure approval for the
illicit connection by a specified date.
(c)
Regardless
of whether the illicit connection or illicit discharge was established
or approved prior to the effective date of this chapter, it shall
be subject to abatement pursuant to this chapter.
(d)
Whenever
the City finds that an illicit discharge is taking place or has occurred
which may result in or has resulted in pollution of the storm drain
system, the City shall require the responsible person to cease the
illicit discharge and the pollution within a specified time.
(§ 2, Ord. 735, eff. March 12, 1999)
Every person owning property through which a watercourse passes,
or the person in charge of day-to-day operations of such property,
shall keep and maintain the property reasonably free of trash, debris,
vegetation and other obstacles which would pollute, contaminate or
significantly retard the flow of water through the watercourse. In
addition, all existing structures within or adjacent to the watercourse
shall be maintained so that such structures will not become a hazard
to the use, function or physical integrity of the watercourse. The
owner or person in charge of day-to-day operations shall not remove
healthy bank vegetation beyond that actually necessary for said maintenance,
nor remove said vegetation in such a manner as to increase the vulnerability
of the watercourse to erosion.
(§ 2, Ord. 735, eff. March 12, 1999)
No person shall commit or cause to be committed any of the following
acts, unless a permit has first been obtained:
(a)
A
discharge of a pollutant into any pipe or channel to a watercourse/storm
drain system;
(b)
Modify
the natural flow of water in storm drain system;
(c)
Deposit
in, plant in or remove any material from any storm drain system including
its banks, except as required for maintenance;
(d)
Construct,
alter, enlarge, connect to, change or remove any structure in a storm
drain system; or
(e)
Place
any loose or unconsolidated material along the side of or within a
storm drain system, or so close to the side as to cause a diversion
of the flow, or to cause a probability of such material being transported
by storm waters passing through a storm drain system.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
The
Director shall be authorized to enter public or private property to
investigate the source or potential source of a suspected illicit
discharge to a storm drain system or watercourses located within the
City at all reasonable times to inspect the same and to inspect and
copy records related to storm water compliance.
(b)
The
Director may inspect public or private property for the purpose of
verifying compliance with this chapter, including, but not limited
to: (1) identifying products produced, processes conducted, chemicals
used and materials stored on or contained within the property; (2)
identifying point(s) of discharge of all wastewater, process water
systems and pollutants; (3) investigating the natural slope at the
location, the runoff coefficient, drainage patterns and man-made conveyance
systems (including roads with drainage systems, catch basin, curbs,
gutters, man-made channels and storm drains); (4) establishing the
location of all points of discharge from the property, whether by
surface runoff or through a storm drain system; (5) locating any illicit
connection or the source of any illicit discharge; (6) evaluating
compliance with any storm water pollution control plan; and (7) evaluating
compliance with any permit issued pursuant to this chapter.
(c)
The
Director may examine and copy such records as are necessary to determine
compliance with the provisions of this chapter.
(d)
The
Director may inspect, sample and test any area of runoff, soils area
(including groundwater testing), process discharge, materials within
any waste storage area (including any container contents), and/or
treatment system discharge for the purpose of determining the potential
for contribution of pollutants to the storm drain system. The Director
may investigate the integrity of all storm drain and sanitary sewer
systems or other pipelines on the property using appropriate tests,
including, but not limited to, smoke and dye tests or video surveys.
The Director may take photographs or videotape, make measurements
or drawings and create any other record reasonably necessary to document
conditions on the property.
(e)
The
Director may undertake monitoring and analysis including both the
construction and maintenance of devices at the owners' expense, or
require the owner or person in charge of day-to-day operations of
the property to undertake construction and maintenance of devices,
at the owners' expense, for the purpose of measuring any discharge
or potential source of discharge to the storm drain system.
(f)
The
owner or person in charge of day-to-day operations of property subject
to inspection shall provide copies of test results to the City. On
submission of a written request to the Director, such person shall
be entitled to receive copies of test results conducted by the Director.
(§ 2, Ord. 735, eff. March 12, 1999)
(a)
The
Director shall review each report of illicit connection or illicit
discharge, and, if appropriate, may serve a notice of violation to
the owner and/or person in charge of day-to-day operations of any
public or private property, as to which an illicit connection or illicit
discharge exists. The notice of violation will:
(1)
Identify the provision(s) of this chapter, the applicable storm water
pollution prevention plan, storm water pollution control plan or permit
alleged to have been violated; and
(2)
State that continued noncompliance may result in civil, criminal
or administrative enforcement actions against the owner and/or person
in charge of day-to-day operations; and
(3)
State a compliance date that must be met by the owner and/or person
in charge of day-to-day operations; and
(4)
Describe the manner of abatement required; and
(5)
Order remediation work.
(b)
The
notice of violation may include, where deemed applicable by the Director,
the following terms and requirements:
(1)
Specific steps and time schedules for compliance as reasonably necessary
to prevent threatened or future unauthorized illicit discharges, including,
but not limited to, the threat of an illicit discharge from any pond,
pit, well, surface impoundment, holding or storage area; and
(2)
Specific steps and time schedules for compliance as reasonably necessary
to prevent; and
(3)
Specific steps and time schedules for compliance as reasonably necessary
to discontinue any illicit connection; and
(4)
Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering or proper disposal of any pollutant
having the potential to contact storm water runoff; and
(5)
Any other terms or requirements calculated to prevent continued or
threatened violations of this chapter, including, but not limited
to, requirements for compliance with BMPs guidance documents promulgated
by any federal agency, the State of California or the City; and
(6)
Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of the
storm water quality management plan, a storm water pollution prevention
plan, storm water pollution control plan or permit issued pursuant
hereto, or this chapter.
(c)
The
Director:
(1)
Shall review and, if appropriate, may issue a cease and desist order
where the public health, safety and/or welfare requires the same,
directing the owner and/or person in charge of day-to-day operations
of any public or private property and/or any other person responsible
for a violation of this chapter to:
(A)
Immediately discontinue any illicit connection or illicit discharge
to the storm drain system;
(B)
Immediately contain or divert any flow of nonstorm water off the
property, where the flow is occurring in violation of any provision
of this chapter;
(C)
Immediately discontinue any other violation of this chapter; and
(D)
Clean up the area affected by the violation.
(2)
May direct by cease and desist order that the owner or other person
in charge of day-to-day operations or any permittee under any applicable
permit, immediately cease any activity not in compliance with the
terms, conditions and requirements of the applicable plan, permit
or this chapter.
(d)
The
Director shall serve an invoice for costs upon the owner and/or person
in charge of day-to-day operations of any public or private property
or any other responsible person who is subject to a notice of violation
or a cease and desist order. An invoice for costs shall be immediately
due and payable to the City. If any owner or person in charge of day-to-day
operations, permittee or responsible party, or any other person fails
to either pay the invoice for costs or appeal successfully the invoice
for costs in accordance with this chapter, the City may institute
collection proceedings.
(e)
Any
notice of violation, cease and desist order or invoice for costs (collectively
"order") shall be served pursuant to the requirements of this chapter
and shall be subject to the following:
(1)
Each order shall state that the recipient has a right to appeal the
matter as set forth in this chapter.
(2)
The order shall include the address of the affected property and
be addressed to the owner as shown on the most recently issued equalized
assessment roll or as may otherwise appear in the current records
of the City.
(3)
If the owner or person in charge of day-to-day operations of affected
property cannot be located after the reasonable efforts of the Director,
the order shall be deemed served 10 business days after posting on
the property.
(§ 2, Ord. 735, eff. March 12, 1999)
Any person aggrieved by the issuance of an order may appeal
from the issuance of such order in accordance with the following:
(a)
Any
such appeal shall be filed in writing within 15 days of the date of
service of the order by the Director upon the appealing party.
(b)
No
such appeal shall be valid for any purpose unless it is timely filed
with the City Clerk and unless a filing and processing fee is paid
contemporaneously with the filing thereof in an amount as set by City
Council resolution.
(c)
That
upon the timely filing of such an appeal, the Hearing Officer shall
set a time and place for a hearing on such appeal as expeditiously
as is possible.
(d)
At
the time of such hearing, the Hearing Officer shall permit any interested
person to present any relevant evidence bearing on the matters involved
in the issuance of the order which is the subject of the appeal. The
Hearing Officer need not follow the strict provisions of the rules
of evidence as utilized in a judicial proceeding, but shall follow
the substance of such rule to the end that the decision rendered is
based upon reliable relevant evidentiary material. The Hearing Officer's
decision shall be final and conclusive and subject only to judicial
review.
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The provisions of Sections 1094.6 of the Code of Civil Procedure
set forth the procedure for judicial review of any act taken pursuant
to this chapter. Parties seeking judicial review of any action taken
pursuant to this chapter shall file such action within 90 days of
the occurrence of the event for which review is sought.
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(§ 2, Ord. 735, eff. March 12, 1999)
(a)
Any
violation of the provisions of this chapter shall be constitute a
threat to the public health, safety and welfare and is hereby declared
and deemed to be a nuisance. Any person who violates any provision
of or fails to comply with any requirement of this chapter shall be
punished in accordance with Chapter 2 of Article 1 of this Code.
(b)
Each
day in which a violation occurs and each separate failure to comply
with a separate provision of this chapter shall constitute a separate
violation of this chapter punishable by fines or sentences issued
in accordance herewith.
(c)
Each
and every remedy available for the enforcement of this chapter shall
be non-exclusive and it is within the discretion of the Director or
the City to seek cumulative remedies, except that multiple monetary
fines or penalties shall not be available for any single violation
of this chapter.
(d)
Any
person acting in violation of this chapter also may be acting in violation
of the CWA or the state Porter-Cologne Act and other laws and also
may be subject to sanctions of these acts including civil and criminal
penalties. Any condition caused or permitted to exist in violation
of any of the provisions of this chapter and the enforcement processes
hereinbefore provided may result in the filing of a citizen suit by
the City pursuant to CWA Section 505(a), seeking penalties, damages
and orders compelling compliance and other appropriate relief. The
City may also notify the EPA, the RWQCB—LA, or any other appropriate
state or local agency, of any alleged violation of this chapter.
(e)
The
City may file, in a court of competent jurisdiction, a civil action
seeking an injunction against any threatened or continuing non-compliance
with the provisions of this chapter. Any temporary, preliminary or
permanent injunction issued pursuant hereto may include an order for
reimbursement to the City of all costs incurred in enforcing this
chapter, including costs of inspection, investigation and monitoring,
the costs of abatement undertaken at the expense of the City, costs
relating to restoration of the environment and all other expenses
as authorized by law.
(f)
The
City may file an action for civil damages in a court of competent
jurisdiction seeking recovery of (1) all costs incurred in enforcement
of this chapter, including, but not limited to, costs relating to
investigation, sampling, monitoring, inspection, administrative expenses,
attorney's fees, all other expenses as authorized by law and consequential
damages, (2) all costs incurred in mitigating harm to the environment
or reducing the threat to human health and (3) damages for irreparable
harm to the environment.
(g)
The
City may file actions for civil damages resulting from any trespass
or nuisance occurring on public land or to the storm drain system
from any violation of this chapter where the same has caused damage,
contamination or harm to the environment, public property or the storm
drain system.
(§ 2, Ord. 735, eff. March 12, 1999)
