This chapter will be known as the "urban stormwater quality management and discharge control ordinance" of the city of Marysville and may so be cited.
(Ord. 1327 § 2 (part), 2008)
The city council adopts this chapter based upon the following findings:
(a)
The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System requirements to stormwater and urban runoff discharge into the city stormwater conveyance system.
(b)
Stormwater flows from individual properties to the municipal storm drain system and then ultimately to the waters of the United States.
(c)
The city is permitted under the State Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2003-0005-DWQ), which also serves as a National Pollutant Discharge Elimination System Permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this permit, the city is required to possess the necessary legal authority and implement appropriate procedures, to regulate the entry of pollutants and nonstormwater discharges to the stormwater conveyance system.
(Ord. 1327 § 2 (part), 2008)
The purpose and intent of this chapter is to ensure the city of Marysville is compliant with state and federal laws and fulfills its requirements to: protect the health, safety, and general welfare of the citizens of Marysville; and enhance and protect the water quality of watercourses and water bodies in the city of Marysville in a manner pursuant to and consistent with the Federal Clean Water Act by reducing pollutants in stormwater discharges to the maximum extent practicable and by controlling nonstormwater discharges to the stormwater conveyance system.
This chapter seeks to promote these purposes by prohibiting illicit discharges to the storm drain system and establishing authority to adopt requirements for stormwater management, including source control requirements. This chapter establishes authority to adopt requirements for development projects to reduce stormwater pollution and erosion both during construction and after the project is complete. This chapter also establishes authority that will enable the city to implement and enforce any stormwater management plan adopted by the city council.
(Ord. 1327 § 2 (part), 2008)
For the purposes of this chapter, the following definitions shall apply:
means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of nonstormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the city of Marysville BMP guidelines, as discussed further in Section 6.20.170, for specific requirements.
means the city council.
means the Code of Federal Regulations.
means the city of Marysville.
means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
means use types that include the distribution, sale and rental of goods, and the provision of services.
means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more or as may otherwise be required by the State Water Resource Control Board. Such activities include but are not limited to clearing and grubbing, grading, excavating, demolition and utility work.
means the city services director or his authorized representative.
means any city employee or agent of the city with the authority to enforce any provision of this chapter and the authority to make any decision on behalf of the director required or called for by this chapter.
means solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from handling, storage and sale of produce.
means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into it. Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into it.
means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section 6.20.130.
is defined as either of the following: (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any collections to the storm drain system form indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or (b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.
means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14).
means the liquid wastes from industrial manufacturing processes, trade, or business.
means the Yuba County health department representative.
means general, group and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region, and the State Water Resources Control Board have adopted general stormwater discharge permits, including, but not limited to, general construction activity and general industrial activity permits.
means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
means any discharge to the storm drain system that is not composed entirely of stormwater.
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.
means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatable items; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, concrete rinsates, lime, and asphalt); and noxious or offensive matter of any kind.
means any water or other liquids containing wastes or other materials in concentrations sufficient to create a nuisance condition by directly or indirectly altering the waters' chemical, physical, or biological integrity. Pollution includes, but is not limited to, any discolored or otherwise aesthetically undesirable waters, waters that are harmful to human life, and wastes that interfere with the beneficial uses of local watercourses (agricultural supply; municipal supply; recreation; aesthetic enjoyment; groundwater recharge; preservation and enhancement of fish, wildlife, and other aquatic resources).
means the California Porter-Cologne Water Quality Control Act as amended (California Water Code Section 13000 et seq.).
means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
means site-specific interpretations of water quality standards from applicable water quality control plans.
means the California Regional Water Quality Control Board, Central Valley Region.
means any and all solid waste materials, including, but not limited to, paper, rags, bottles, cans, glass, boxes, packing material, trimmings from lawns, trees and gardens, magazines, books, ashes, and construction debris.
means a combination of the municipal wastewater from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwater as may be present.
means any leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency.
means publicly owned facilities operated by the city by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined in 40 CFR Section 122.2 or privately owned facilities draining to waters of the United States or connected to the city storm drain system.
means surface flow, runoff, and drainage consisting entirely of water from weather events such as rain, snow, sleet, or hail.
means a channel or depression in which a flow of water occurs, either continuously or intermittently.
means surface watercourses and water bodies as defined within 40 CFR Section 122.2 including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater during all times and seasons.
Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation. |
(Ord. 1327 § 2 (part), 2008)
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city of Marysville including any amendments or revisions thereto.
(Ord. 1327 § 2 (part), 2008)
The city services director of the city of Marysville shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city services director may be delegated by the director to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 1327 § 2 (part), 2008)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 1327 § 2 (part), 2008)
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.
(Ord. 1327 § 2 (part), 2008)
In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, that requirement which establishes the higher standard for public health and safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.
(Ord. 1327 § 2 (part), 2008)
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants unto waters of the United States caused by said person. This chapter shall not create liability on the part of the city of Marysville or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 1327 § 2 (part), 2008)
Any discharge which would result in or contribute to a violation of the city's NPDES permit(s), or any amendment or revision thereof, either considered separately or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold harmless the city against any claim, expense, liability, or payment for injury or damage to any person or property and shall defend (with counsel reasonably acceptable to the city), indemnify, and hold harmless the city in any administrative or judicial enforcement or any legal action resulting from such discharge.
(Ord. 1327 § 2 (part), 2008)
It is unlawful to discharge, permit to be discharged, or cause to be discharged any sewage, industrial waste, pollution, garbage, or rubbish into any municipal storm drain system, watercourse, natural outlet, creek, or channel except where treatment has been provided.
(Ord. 1327 § 2 (part), 2008)
(a)
National Categorical Pretreatment Standards.
(2)
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in industrial wastewater, the director of public works may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(3)
When industrial wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director of public works shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
(4)
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(Ord. 1403 § 1 (part), 2018)
(a)
The following pollutant limits are established to protect against pass through and interference. No person shall discharge industrial wastewater containing in excess of the following instantaneous maximum allowable discharge limits:
Arsenic | 1.0 mg/l |
Benzene | 0.0 mg/l |
Beryllium | 0.75 mg/l |
BOD5 | 300.0 mg/l |
Cadmium | 0.7 mg/l |
Chromium, Total | 1.0 mg/l |
Copper | 2.7 mg/l |
Cyanides | 0.5 mg/l |
Lead | 0.4 mg/l |
Mercury | 0.01 mg/l |
Nickel | 2.6 mg/l |
Phenols, Total | 30.0 mg/l |
Oil and Grease | 100.0 mg/l |
Selenium | 2.0 mg/l |
Silver | 0.7 mg/l |
Suspended Solids | 200.0 mg/l |
Zinc | 2.6 mg/l |
(b)
The above limits apply at the point where the industrial wastewater is discharged to the treatment facility. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The director of public works may impose mass limitations in addition to, or in place of, the concentration-based limitations above.
(Ord. 1403 § 1 (part), 2018)
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director of public works may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 1403 § 1 (part), 2018)
Users shall provide industrial wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards and local limits within the time limitations specified by EPA, the state, or the director of public works, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director of public works for review, and shall be acceptable to the director of public works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city of Maryville under the provisions of this chapter.
(Ord. 1403 § 1 (part), 2018)
(a)
Whenever deemed necessary, the director of public works may require users to restrict their discharge during peak flow periods, designate that certain industrial wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the treatment facility and determine the user's compliance with the requirements of this chapter.
(b)
The director of public works may require any person discharging into the treatment facility to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An industrial wastewater discharge permit may be issued solely for flow equalization.
(c)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of industrial wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the director of public works and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
(d)
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. 1403 § 1 (part), 2018)
The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(a)
Discharges from the following activities will not be considered a significant source of pollutants to the municipal storm drain system and to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this chapter:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverted stream flows;
(4)
Rising groundwater;
(5)
Uncontaminated groundwater infiltration (as defined in 40 CFR Section 35.2005(20)) to separate storm sewers;
(6)
Uncontaminated pumped groundwater;
(7)
Discharges from potable water sources;
(8)
Foundation drains;
(9)
Air conditioning condensation;
(10)
Irrigation water;
(11)
Springs;
(12)
Water from crawl space pumps;
(13)
Footing drains;
(14)
Lawn watering;
(15)
Individual residential car washing;
(16)
Flows from riparian habitats and wetlands;
(17)
Dechlorinated swimming pool discharges; and
(18)
Discharges or flows from fire fighting activities.
(b)
The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered by the state of California under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that approval has been granted by the city for any discharge to the storm drain system.
(c)
Any discharge which the director, enforcement officer, the local health officer, or the Regional Board determines in writing is necessary for the protection of public health and safety is allowed.
(d)
With concurrence of the Regional Board, the city of Marysville may exempt in writing other nonstormwater discharges which are not a source of pollutants to the storm drain system nor waters of the United States.
(Ord. 1327 § 2 (part), 2008)
Notwithstanding the exemptions provided for in Section 6.20.130, if the Regional Board or the director determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to a violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following a thirty-day period commencing upon delivery of the notice. Upon expiration of such thirty-day period, any such discharge from the noticed facility shall be unlawful.
(Ord. 1327 § 2 (part), 2008)
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the United States, 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 properly deposited in streets in proper waste receptacles or pursuant to a city-sponsored program for the purposes of collection are exempted from this prohibition.
(Ord. 1327 § 2 (part), 2008)
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 1327 § 2 (part), 2008)
(a)
The city will establish requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States as separate BMP guidelines. Where best management practice requirements are promulgated by the city or any federal, state of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements. BMPs developed under this program will include the city's BMP guidelines, which are as follows:
(1)
General Requirements. Any person engaging in activities that may result in pollutants entering the storm drain system will implement best management practices to the maximum extent practicable to prevent and reduce such pollutants.
(2)
Maintenance. All BMPs will be protected and maintained to ensure the continuous and fully effective performance as designed.
(3)
Waste Disposal. No person will throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the United States any refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that the same may cause or contribute to pollution.
(4)
Construction Activities. Any person performing construction work within the city will implement appropriate BMPs to prevent the discharge from the site of soil or construction wastes or debris, including contaminants from construction materials, tools, and equipment to the stormwater drainage system.
(5)
Sidewalks. Every property owner or any tenant in legal possession of the property upon which there is a paved sidewalk shall maintain that portion of the sidewalk on the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk will not be swept into or otherwise allowed to enter the gutter or roadway, storm drain system, or any waters of the United States, but will instead be disposed of in receptacles maintained as required for proper disposal of solid waste.
(6)
Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, will keep and maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. Any owner or lessee that conducts development will maintain existing privately owned structures within or adjacent to a watercourse such that the effective functioning and physical integrity of the watercourse is protected, and in a manner that does not cause pollution.
(7)
Development. The city may incorporate BMPs to control the volume, rate, and potential pollutant loading of stormwater runoff from development. These required BMPs will be contained in any land use entitlement and construction- or building-related permit to be issued relative to such development or redevelopment. The owner and developer will comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.
(8)
Paved Areas. Persons owning, operating, or maintaining a paved area, including the paved areas of a parking lot, gas station, paved private street, road, or driveway, and related storm drain system shall clean those structures as frequently and as thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.
(b)
The city may establish requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The city will incorporate such requirements in any land use entitlement and construction- or building-related permit to be issued relative to such development and redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter.
(c)
Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b) of this section, any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering stormwater, the municipal storm drain system, or waters of the United States shall implement best management practices to the extent they are technologically achievable and economically feasible to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment will provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes will be provided and maintained at the owner or operator's expense.
(d)
All structural and nonstructural permanent stormwater BMPs not in ownership by the city will be permitted for operation by the city to ensure the system functions as designed. This provision includes all permanent stormwater BMPs installed in the past. The stormwater BMP permit will require the owner of the BMP to pay an annual permit fee and submit required documentation verifying private stormwater BMP(s) are properly operated and maintained on an annual basis. The director or his representative will have the authority to make an inspection of any permanent stormwater BMP whether permitted or not. The purpose of these inspections will be to verify permit compliance. The director or his representative will also have the authority to require monitoring, remediation, or issue citations or compliance orders for any BMP that is either not permitted, or is not properly maintained. A re-inspection fee will be required for any BMPs inspected and found to be in noncompliance of the permit.
(Ord. 1327 § 2 (part), 2008)
Notwithstanding the requirements of this chapter, the director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Ord. 1327 § 2 (part), 2008)
(a)
The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection.
(b)
At the time of final adoption of this chapter, any user who maintains an illicit connection will, within one hundred twenty days from the effective date of the ordinance codified in this chapter, disconnect and discontinue use of said connection.
(Ord. 1327 § 2 (part), 2008)
(a)
The director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.
(b)
If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.
(Ord. 1327 § 2 (part), 2008)
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for utility and bikeway construction and/or maintenance, flood control, or fire protection, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to unnaturally high rates of erosion.
(Ord. 1327 § 2 (part), 2008)
It is unlawful for any person to allow a spill to discharge into the municipal storm drain system or any watercourse.
(Ord. 1327 § 2 (part), 2008)
(a)
Notwithstanding other requirements of law, any person responsible for a spill into stormwater, the municipal storm drain system, any watercourse, or waters of the United States will take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person will immediately notify emergency response officials of the occurrence via emergency dispatch services (911).
(b)
Notwithstanding other requirements of the law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the municipal storm drain system, any watercourse, or waters of the United States from said facility, said person will take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person will immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city's city services department, no later than five p.m. of the next business day. Notifications in person or by phone will be confirmed by written notice addressed and mailed to the city's city services department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment will also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records will be retained for at least three years.
(Ord. 1327 § 2 (part), 2008)
Any person engaged in activities which may result in pollutants entering the municipal storm drain system will, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of nonstormwater discharge and/or pollutant discharge.
(a)
Any business requiring a hazardous materials release response and inventory plan under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code will include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illegal discharges or connections, and requiring the release of pollutants to be reduced to the maximum extent practicable.
(b)
Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations Title 22, Sections 66265.51 to 66265.56, will include in that plan provisions for compliance with this chapter, including the provisions prohibiting nonstormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
(Ord. 1327 § 2 (part), 2008)
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the director or his representative may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 1327 § 2 (part), 2008)
During any inspection as provided herein, the director or his designee may take samples, perform any testing deemed necessary and take photographs to aid in the pursuit of the inquiry or to record site activities. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples. The enforcement officer may require monitoring, analysis and reporting of discharges from any premises to the municipal storm drain system. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement will, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.
(Ord. 1327 § 2 (part), 2008)
The director or his representative may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or nonstormwater discharges to the storm drain system or waters of the United States undertake at said person's expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter.
(Ord. 1327 § 2 (part), 2008)
Whenever the director or his representative finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored at their expense within a specified time pursuant to the provisions of this chapter.
(Ord. 1327 § 2 (part), 2008)
(a)
Informal Warning. Whenever the director or his representative determines that a violation of a provision of this chapter has occurred or may occur, the director or his representative may provide a warning to any person and/or owner responsible for the condition giving rise to such violation or potential violation. Such warning may include the distribution of educational materials to assist in future compliance with this chapter. This warning may be provided in person or in a written notice of correction.
(b)
Notice of Noncompliance. Whenever the director or his representative determines that a violation of a provision of this chapter has occurred or may occur, the director or his representative may serve a notice of noncompliance to any person and/or owner responsible for the violation. Each notice of noncompliance will contain the following information:
(1)
The date of the violation.
(2)
The address or a definite description of the location where the violation occurred.
(3)
The ordinance section violated and a description of the violation.
(4)
A time limit by which the violation will be corrected, after which further enforcement and/or corrective actions may be taken by the city if the violation is not fully corrected.
(5)
The name and signature of the individual preparing the notice of noncompliance.
(6)
Notice to the violator of potential liability under the Federal Clean Water Act and/or Porter-Cologne Act.
(c)
Administrative Compliance Order. Whenever the director or his representative determines that a violation of a provision of this chapter has occurred, the director or his representative may serve an administrative compliance order to any person and/or owner responsible for the violation. Each administrative compliance order will contain the following information:
(1)
The date of the violation.
(2)
The address or a definite description of the location where the violation occurred.
(3)
The ordinance section violated and a description of the violation.
(4)
An order to cease all activities which are believed to be causing the violation.
(5)
A time limit by which the violation will be corrected, after which corrective actions will be taken by the city if the violation is not fully corrected.
(6)
A statement that the city will charge the person and/or owner for all administrative costs associated with enforcement actions.
(7)
An order prohibiting the continuation or repeated occurrence of the violation.
(8)
The name and signature of the individual preparing the citation.
(9)
A statement outlining the procedure for appeal of the order.
(10)
Notice to the violator of potential liability under the Federal Clean Water Act and/or Porter-Cologne Act.
(d)
Citation. The director or his representative is authorized to issue citations for infractions of this section using the provisions found in this code.
(e)
Infraction/Misdemeanor. Any violation of this chapter may be charged as an infraction or as a misdemeanor and may be punishable using the respective provisions of this code.
(f)
Service. The director or his representative is authorized to use the provisions of this chapter to serve a notice of correction, notice of noncompliance, administrative compliance order, and/or citations to effectuate the provisions of this chapter.
(g)
Separate Violation. Each day in which a violation occurs and each separate failure to comply with any provision of this chapter is a separate offense and punishable by penalties in accordance with this chapter. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection, or to cause, allow, or facilitate any illicit discharge or threatened illicit discharge.
(Ord. 1327 § 2 (part), 2008)
Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.
(Ord. 1327 § 2 (part), 2008)
The purpose of this section is to establish procedures for enforcement of the provisions of this chapter and is intended to support timely correction of nuisances and violations of the provisions of this code while assuring due process of law in abatement or correction of such nuisances and violations.
(a)
Whenever the director or enforcement officer determines that a person has violated a prohibition or failed to meet a requirement of this chapter, the city of Marysville is empowered to use any of the provisions of this chapter and, where appropriate, to correct violation of and secure compliance with the provisions of this chapter.
(b)
Warnings Are Not Required. Issuance of a warning will not be a requirement prior to using any enforcement provision of this chapter. Violations of this chapter are not tiered and are subject to citations without a notice of noncompliance. To enforce the provisions of this chapter, the director or his representative have the following responsibilities and authorities in enforcement and administration of this chapter:
(1)
Power to review with affected individuals the provisions of this code through methods to support voluntary compliance.
(2)
Power to issue citations for violations of this code and to issue stop work orders.
(3)
Power to initiate necessary proceedings to forfeit bonds or cash deposits.
(4)
Power to initiate proceedings to revoke land use permits and other entitlements granted under any City of Marysville Municipal Code.
(5)
Power to initiate and conduct nuisance abatement proceedings and to carry out additional abatement responsibilities regarding violations of this code.
(6)
Power to carry out other special enforcement programs initiated by ordinance, order or resolution of the city council, and any other responsibilities and authorities specified by this code.
(7)
Power to recover enforcement investigation and processing costs.
(Ord. 1327 § 2 (part), 2008)
If full compliance is not achieved within the time specified in the compliance order, a hearing on the compliance order will be set. All penalties and remedies authorized by this chapter will apply.
(Ord. 1327 § 2 (part), 2008)
Notwithstanding the provisions of Section 6.20.370, any person receiving a compliance order under Section 6.20.310, or any person required to perform monitoring, analysis, reporting or corrective activities, may appeal the decision of the director or enforcement officer in writing to the city manager within ten days following the effective date of the decision. Upon receipt of such appeal, the city manager will request a report and recommendation from the city services director or his designated representative and will set the matter for hearing at the earliest practicable date. At such hearing, the city manager may base his decision on additional evidence and may reject, affirm or modify the decision of the city services director.
The decision of the city manager may be appealed to the city council by filing a notice of appeal with the city clerk within ten days of receipt of the decision of the city manager. Such appeal will be in writing and will set forth fully the grounds for the appeal. The city council will thereupon fix a time and place for a public hearing of such appeal. The city clerk will give notice to the appellant of the time and place of hearing by serving the notice of hearing personally or by depositing the notice of hearing in the U.S. Post Office, postage prepaid, addressed to the appellant at his/her last known address at least five days prior thereto.
At the hearing before the city council, the appellant may appear in person or by counsel and present any relevant evidence relating to the grievance. The city services director may present evidence in rebuttal thereof. The hearing may be continued from time to time, not to exceed thirty days in all. The city council will conduct a hearing and make findings as appropriate. The decision of the city council will be final.
(Ord. 1327 § 2 (part), 2008)
(a)
If correction of the violation has not occurred within the time period specified by the city council after a hearing conducted pursuant to Section 6.20.320 or 6.20.330, the continuing violation shall be deemed a public nuisance and, following consent or the issuance of a warrant by a court of competent jurisdiction, the city or a contracting agent hired by the city may enter upon the private property on which the violation exists for the purpose of abating the violation. It will be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its contracting agents to enter upon the premises for the purpose of abating the violation.
(b)
The cost of any such abatement by the city authorized herein will be borne by the property owner, which cost shall include administrative costs as well as the actual cost of abatement. The cost will be invoiced to the property owner. If the invoice is not paid within sixty days, the city will have the authority to place a lien upon and against the property.
(c)
The cost of abatement, including administrative costs, may be enforced as a personal obligation against the property owner.
(Ord. 1327 § 2 (part), 2008)
If the city prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the city will be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable expenses may include, but are not limited to, costs of investigations and inspections, staffing costs, administrative overhead, out-of-pocket expenses, costs of administrative hearings, and costs of suit. If any such costs are granted to the city, said costs shall be recoverable pursuant to Section 6.20.340(b) and (c).
(Ord. 1327 § 2 (part), 2008)
Whenever any work is being done contrary to the provisions of this chapter, the director or enforcement officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the director or enforcement officer to proceed with the work.
(Ord. 1327 § 2 (part), 2008)
The director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety, or well-being of the public or the environment, or is a violation of an NPDES permit. If any such violation is not abated immediately as directed by the director, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 1327 § 2 (part), 2008)
The director is authorized to immediately abate or require the abatement of any illegal discharge or spill into the municipal storm drain system when in the opinion of the enforcement officer it constitutes or threatens to constitute an immediate threat to the public health, safety, or well-being, or to the environment, or is a violation of an NPDES permit. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief under this section will not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 1327 § 2 (part), 2008)
In lieu of or in addition to enforcement proceedings, penalties, and remedies authorized by this chapter, the director may impose upon a violator alternative compensatory actions including, but not limited to, storm drain stenciling, attendance at compliance workshops, creek cleanup, and staff training sessions. Any alternative compensatory actions imposed will be in writing by the director. Failure to comply with the terms of the compensatory actions may result in the enforcement proceedings, penalties, and remedies authorized by this chapter.
(Ord. 1327 § 2 (part), 2008)
Any person that violates any provision of this chapter will be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and will be punished accordingly.
(Ord. 1327 § 2 (part), 2008)
In addition to the enforcement processes and penalties hereby provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.
(Ord. 1327 § 2 (part), 2008)
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 1327 § 2 (part), 2008)
Any decision of the city council will be final.
(Ord. 1327 § 2 (part), 2008)
(a)
For any violations of this chapter, the penalty will be punishment by either a fine not exceeding two thousand dollars per occurrence, or imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment (misdemeanor), or as an infraction the penalty will be punishment by a fine not to exceed five hundred dollars per occurrence. The penalty imposed for a conviction under this section may include probation and/or conditional sentencing.
(b)
Each day's violation of this code, ordinance, or regulation will constitute a separate and distinct offense.
(c)
When pronouncing sentence on any matter involving a violation of this code, the court is authorized, as a condition of probation, to award costs of enforcement in addition to any fines imposed, and/or to order that the property be brought into compliance with all applicable laws, and/or such other orders as the court may deem proper.
(d)
In addition to any other penalty provided, any person who willfully violates any provision of this chapter will be liable for civil penalties of up to five hundred dollars per day per violation for each day's violation of this code, ordinance, or regulation, not to exceed a total civil penalty of one hundred thousand dollars per violation and not to exceed a total for all violations of two hundred fifty thousand dollars. This penalty will be recovered in a civil action brought by the city of Marysville counsel. The provisions of this subsection will be applicable to all violations, and each day's violation thereof, for any offense committed after the effective date of the codification of this chapter. As to offenses committed prior to the effective date of the ordinance codified in this chapter, the provisions of said ordinance will be applicable to continuing violations thereof which occur from and after the effective date of the ordinance codified in this chapter.
(e)
The remedies enumerated in this section are cumulative and in addition to any and all other remedies provided by law.
(Ord. 1327 § 2 (part), 2008)
The city services department will collect such fees as may be authorized by the city council, which include routine inspections and other regulatory functions associated with this chapter. Any such fees will be established by resolution of the city council or by ordinance.
(Ord. 1327 § 2 (part), 2008)