Ordinance No. 825 - NPDESORDINANCE NO. 825
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 13.16
"STORMWATER MANAGEMENT" OF THE ROSEMEAD MUNICIPAL
CODE TO ENFORCE THE REQUIREMENTS OF THE 2001 NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
MUNICIPAL STORMWATER PERMIT
WHEREAS, the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act,
was amended in 1987 to establish new controls on industrial and municipal storm water discharges,
including requiring an NPDES permit for storm water discharges from municipal separate storm sewer
systems;
WHEREAS, the State of California is authorized to administer various aspects of the NPDES
program under the Clean Water Act within the State; and
WHEREAS, on December 13, 2001, the Los Angeles Regional Water Quality Control Board
("Regional Board") issued Order No. 01-182 (NPDES Permit No. CAS004001) concerning waste
discharge requirements for municipal storm sewer and urban runoff discharges within the County of Los
Angeles; and
WHEREAS, the City of Rosemead is a Permittee under Order No. 01-182; and
WHEREAS, the City of Rosemead, along with 48 other cities and the County of Los Angeles
challenged the legality of the NPDES Permit, through a legal petition to the State Water Resources
Control Board ("State Board") in accordance with California Water Code Sections 13320 et seq.; and
WHEREAS, the new NPDES Permit adopted on December 13, 2001, provided that cities shall
amend their municipal codes to enforce all requirements of the permit by no later than November 1, 2002,
and provide counsel certification of legal authority to the Regional Board by no later than December 2,
2002.
WHEREAS, by letters dated August 30, 2002 and November 13, 2002, the Regional Board
10 extended the dates for cities to amend their municipal codes and provide legal certification to 60 days
following the final disposition of the cities' petition to the State Board.
WHEREAS, on December 20, 2002, the State Board denied the petition filed by the cities,
thereby requiring the cities to amend their municipal codes by no later than February 20, 2003.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section of 13.16.010 of Chapter 13.16 of the Rosemead Municipal Code is hereby
amended to include additional definitions as follows:
13.16.010 Definitions.
As used in this chapter:
"Authorized inspector" means the City Manager and persons designated and under the
instruction and supervision of the City Manager, who are assigned to investigate compliance and detect
violations of this chapter.
"Best Management Practices" (BMPs) means methods, measures, or practices designed
and selected to reduce or eliminate the discharge of pollutants to surface waters from point and
nonpoint source discharges including stormwater. BMPs include structural and nonstructural
1357913WV0455Mie ] Page 1
controls, and operation and maintenance procedures, which can be applied before, during, and/or
after pollution producing activities.
"City" means the City of Rosemead, Los Angeles County, California.
"Clean Water Act" means the Federal Water Pollution Control Act, amended in 1977 as the
Clean Water Act (Title 33 U.S.C. § 1251 et seq.), and amended in 1987 to establish new controls on
industrial and municipal storm water discharges, and any and all subsequent amendments
thereto.
"Co-permittee" means the County of Los Angeles, and/or any one of the eighty-six (86)
municipalities, including the City of Rosemead, which are responsible for compliance with the terms of the
NPDES permit.
"Discharge" means any release, spill, leak, pump, flow, escape, leaching (including subsurface
migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
• including only
• dewate:... .,...e.
"DomeStiG sewage eXGeptinn" Fneans diI;GhaFges which aFe exceptions to this GhapteF and
"Enforcing attorney" means the City Attorney or District Attorney acting as counsel to the City and
his or her designee, which counsel is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the Enforcing
Attorney.
"Environmentally Sensitive Area" (ESA) means an area in which plant or animal life or
their habitats are either rare or especially valuable because of their special nature or role in the
ecosystem and which would be easily disturbed or degraded by human activities and
developments (California Public Resources Code § 30107.5). Areas subject to storm water
mitigation requirements are: areas designated as Significant Ecological Areas by the County of
Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of
Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by
the California Department of Fish and Game's Significant Natural Areas Program, provided that
13579/3wl/0 155Miu91 Page 2
area has been field verified by the Department of Fish and Game; and areas listed in the Basin
Plan as supporting the Rare, Threatened, or Endangered Species (RARE) " beneficial use, and an
area identified by a Permittee as environmentally sensitive.
"EPA" means the Environmental Protection Agency of the United States.
"Exempted Discharges" means non-stormwater discharges that are not considered illicit
discharges, and are not prohibited by this chapter as follows:
1. Natural springs and rising ground water,
2. Flows from riparian habitats or wetlands;
3. Stream diversions, permitted by the State Board;
4. Uncontaminated groundwater infiltration [as defined by 40 CFR 35.2005(20)];
• 5. Flows from emergency fire fighting activities;
6. Reclaimed and potable landscape irrigation runoff,
7. Potable drinking water supply and distribution system releases (consistent with
American Water Works Association guidelines for dechlorination and suspended
solids reduction practices);
8. Drains for foundations, footings and crawl spaces;
9. Air conditioning condensate;
10. Dechlorinated(debrominated swimming pool discharges;
11. Dewatering of lakes and decorative fountains;
• 12. Non-commercial car washing by residents or by non-profit organizations;
13. Sidewalk rinsing.
"Hearing Officer' means the City Manager or his or her designee, who shall preside at the
administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Invoice for costs" means the actual costs and expenses of the city incurred during any inspection
conducted pursuant to Section 13.16.020, where a notice of noncompliance, administrative compliance
order or other enforcement option under Sections 13.16.060 through 13.16.140 is utilized to obtain
compliance with this chapter.
"Illicit connection" means any natural or manmade conveyance or drainage system, pipeline,
conduit, inlet or outlet, (including natural surface flow patterns, depressions or channels traversing one or
more properties) through which the discharge of any pollutant to the stormwater drainage system occurs
or may occur. The term "illicit connection" shall not include legal nonconforming connections or
connections to the stormwater drainage system that are hereinafter authorized by the agency with
jurisdiction over the system at the location at which the connection is made.
"Impervious Surface" means any surface that prevents or significantly reduces the entry
of water into the underlying soil resulting in runoff from the surface in greater quantities and/or at
an increased rate when compared to natural conditions prior to development including, but not
limited to, parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of
these areas commonly results from the use of paving or compacted gravel.
135'19/3000/ 155 Mis i Page 3
"Legal nonconforming connection" means connections to the stormwater drainage system
existing as of the adoption of the ordinance codified in this chapter that were in compliance with all
federal, state and local rules, regulations, statutes and administrative requirements in effect at the time
the connection was established, including but not limited to any discharge permitted pursuant to the terms
and conditions of an individual dischrage permit issued pursuant to Section 13.12.010.
"Maximum extent practicable" as defined in the NPDES permit means a standard for
implementation of storm water management programs to reduce pollutants in storm water.
CWA402(p)(3)(B)(iii) requires that municipal permits "shall require controls to reduce the
discharge of pollutants to the maximum extent practicable, including management practices,
control techniques and system, design and engineering methods, and such other provisions as
the Administrator or State determines appropriate for the control of such pollutants."
"MS4" means "Municipal Separate Storm Sewer System" as used and referred to in the
Clean Water Act, and the regulations thereunder.
• "New development" means all public and private residential (whether single-family, multiunit or
planned unit development), industrial, commercial, retail, and other nonresidential construction projects,
or mass grading for future construction, for which either a discretionary land use permit or grading permit
or building and safety permit is required.
"National Pollutant Discharge Elimination System (NPDES) permit" means the municipal
discharge permit(s) issued by the state of California Regional Water Quality Control Board, Los Angeles
Region and entitled Order No. 90 079 01-182, NPDES Permit No. CAS004001
Waste Discharge Requirements for Municipal Storm Waterl and Urban Runoff Discharges Within the
County of feF Los Angeles Seunty, and Ce Rermittees the Incorporated Cities Therein, Except the
City of Long Beach. The state of California Regional Water Quality Control Board NPDES permit shall
be referred to hereinafter as the "NPDES permit."
"Person" means any natural person as well as any corporation, partnership, government entity or
subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or
the agent, employee or representative of any of the above.
• 'Pollutant' means any liquid, solid or semi-solid substances, or combination thereof, including
and not limited to:
1. Artificial materials, chips or pieces of natural or manmade materials (such as floatable
plastics, wood or metal shavings),
2. Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal
fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from
vehicles, lawn mowers and other common household equipment);
3. Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals,
such as phosphorus and arsenic;
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents,
coolants and grease);
5. Excessive eroded soils, sediment and particulate materials;
6. Animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including, stables, show facilities, or polo fields);
I35MOOIM-155 Miw-01 Page 4
7. Substances having characteristics such as a pH less than 6.5 or greater than 8.5, or
unusual coloration, or turbidity, or excessive levels of fecal coliform, fecal streptococcus
or enterococcus;
8. Waste materials and wastewater generated on construction sites and by construction
activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides,
fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos
fibers, paint flakes or stucco fragments, application of oils, lubricants, hydraulic, radiator
or battery fluids; construction equipment washing, concrete pouring and cleanup wash
water or use of concrete detergents; steam cleaning or sand blasting residues; use of
chemical degreasing or diluting agents; and super chlorinated water generated by
potable water line flushing);
9. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand
or total organic carbon;
• 10. Materials which contain base/neutral or acid extractible organic compounds;
11. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act;
12. Any other constituent or material that may interfere with or adversely affect the beneficial
uses of the receiving waters, flora or fauna of the state.
The term "pollutant" shall not include uncontaminated stormwater, potable water or reclaimed
water generated by a lawfully permitted water treatment facility.
"Private property" means any real property, irrespective of ownership, which is not open to the
general public.
"Prohibited discharge" means any discharge, which is not composed entirely of stormwater or
which contains any pollutant, from public or private property to: (i) the stormwater drainage system; (ii)
any upstream flow, which is tributary to the stormwater drainage system; (iii) any groundwater, river,
stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (iv) any coastal
• harbor, bay or the Pacific Ocean. The term "prohibited discharge" shall not include: (a) discharges
occurring in compliance with the NPDES permit; (b) discharges occurring pursuant to a state general
permit or other Regional Water Quality Control Board, State Water Resources Control Board or U.S.
Environmental Protection Agency issued NPDES permit or permit waiver; (c) discharges authorized
pursuant to a permit issued under Section 13.16.050; (d) discharges allowable under the discharge
exception, or (v) discharges allowable under the domestic sewage exception.
"Redevelopment" shall mean a land disturbing activity that results in the creation,
addition, or replacement of at least rive thousand square feet or more of impervious surfaces on
an already developed site. Redevelopment includes, but is not limited to, the expansion of a
building footprint or addition or replacement of a structure,, replacement of impervious surface
that is not part of a routine maintenance activity,, and land disturbing activities related to
structural or impervious surfaces. It does not include routine maintenance to maintain original
line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency
construction activities required to immediately protect public health and safety.
"Regional Board" means the California Regional Water Quality Control Board, Los
Angeles Region.
"Responsible party" means the person(s) identified in and responsible for compliance with
the provisions of a water quality management plan approved by the City Engineer or his or her
designee.
11519/100V 155 Mi I Page 5
"Restaurant" means a facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks for
immediate consumption (SIC Code 5812).
"Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating
oils.
"Source Control BMP" means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that aim to prevent storm
water pollution by reducing the potential for contamination at the source of pollution.
"Significant redevelopment' means the rehabilitation or reconstruction of public or private
residential (whether single-family, multiunit or planned unit development), industrial, commercial, retail or
other nonresidential structures, for which either a discretionary land use permit or grading permit or
building and safety permit is required.
• "State Board" means the State Water Resources Control Board.
"State general permit" means 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 U.S.
Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources
Control Board, then the term "state general permit" shall also refer to any EPA administered stormwater
control program for industrial and construction activities.
"Storm Water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
"Storm Water Pollution Prevention Plan (SWPPP)" means a plan identifying potential
pollutant sources and describing the design, placement and implementation of BMPs, to
effectively prevent non-stormwater discharges and reduce pollutants in storm water discharges
for a project disturbing one or more acres of land.
"Stormwater drainage system" means street gutter, channel, storm drain, constructed drain, lined
• diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-
wide stormwater runoff system and owned, operated, maintained or controlled by county of Los Angeles,
the Los Angeles County Flood Control District or any co-permittee city, and used for the purpose of
collecting, storing, transporting, or disposing of stormwater. (Ord. 758 § 4 (part), 1995: prior code § 5700).
"Stormwater Quality Management Program (SQMP) " means the Los Angeles Countywide
Stormwater Quality Management Program, which includes descriptions of programs, collectively
developed by the Permittees in accordance with provisions of the NPDES permit, to comply with
applicable federal and state law, as the same is amended from time to time.
"Structural BMP" means any structural facility designed and constructed to mitigate the
adverse impacts of storm water and urban runoff pollution.
"SUSMP" means the Los Angeles Countywide Standard Urban StornwaterMitigation Plan.
The SUSMP shall address conditions and requirements of new development.
"Treatment Control BMP" means any engineered system designed to remove pollutants by
simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or
any other physical, biological, or chemical process.
"Water Quality Management Plan (WQMP)"means a plan that evaluates the issues of a site
development including run on, runoff, vehicle maintenance, land disturbances, erosion, sediment
control, and revegetation and establishes BMPs to control or reduce the discharge of pollutants
from the site, both during and after construction.
135]913001/ s-15smiuoi Page 6
13.16.020 Prohibition on Illicit Connections and Prohibited Discharges. (NO CHANGES TO THIS
SECTION)
A. No person shall:
Construct, maintain, operate and/or utilize any illicit connection;
2. Cause, allow or facilitate any prohibited discharge;
3. Act, cause, permit or suffer any agent, employee or independent contractor, to construct,
maintain, operate or utilize any illicit connection, or cause, allow or facilitate any
prohibited discharge.
B. The prohibition against illicit connections shall apply irrespective of whether the illicit connection
was established prior to the date of enactment of the ordinance codified in this chapter, however, legal
• nonconforming connections shall not become illicit connections until the earlier of the following:
1. For all structural improvements to property installed for the purpose of discharge to the
stormwater conveyance system, the expiration of five years from the adoption of said
ordinance;
2. For all nonstructural improvements to property (including natural surface flow patterns,
depressions or channels traversing one or more properties) existing for the purpose of
discharge to the stormwater conveyance system, the expiration of six months following
delivery of a notice to the owner or occupant of the property, which states a legal
nonconforming connection has been identified.
C. A civil or administrative violation of subsection A of this section 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 prohibited discharge.
D. If an authorized inspector reasonably determines that a discharge, which is otherwise within the
• discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized
inspector may give written notice to the owner of the property or facility that the discharge exception shall
not apply to the subject discharge following expiration of the thirty (30) day period commencing upon
delivery of the notice. Upon expiration of the thirty (30) day period any such discharge shall constitute a
violation of subsection A of this section. The notice of a legal nonconforming connection shall state the
date of expiration of use under this chapter.
E. The owner or occupant of property on which a legal nonconforming connection exists may
request an administrative hearing, pursuant to the procedures set forth in Section 3.16.060(F) through (J)
for an extension of the period allowed for continued use of the connection. A reasonable extension of use
may be authorized by the City Manager or his or her designee upon consideration of the following factors:
1. The potential adverse effects of the continued use of the connection upon the beneficial
uses of receiving waters;
2. The economic investment of the discharger in the legal nonconforming connection; and
3. The financial effect upon the discharger of a termination of the legal nonconforming
connection. (Ord. 758 § 4 (part), 1995: prior code § 5701)
SECTION 2. Section of 13.16.030 of Chapter 13.16 of the Rosemead Municipal Code is hereby
amended as follows:
13.16.030 Control of Urban Runoff.
135W/3001/0 .155 Miss01 Page 7
•
.
A. Treatment Systems. All persons who own, operate or maintain storm water clarifiers,
separators, sediment ponds and other storm water treatment systems shall at all times
maintain such systems in good working order and repair. This maintenance requirement
shall be understood to include any maintenance activities necessary to prevent the
breeding of vectors. Such systems shall be constructed and installed in a manner so as to
at all times permit easy and safe access for proper maintenance, repair and inspection.
B. New Development, Redevelopment and Construction.
1. Copies of Documents. All persons engaged in construction activity within the City
requiring a state general permit shall have at the construction site available for
135/W3WU0 155Mix I Page 8
review (1) a copy of the notice of intent for the state general permit (2) the waste
discharge identification number issued by the State Board; and (3) copies of the
SWPPP required by permit.
2. All persons engaged in construction activity within the City shall implement BMPs
to avoid, to the maximum extent practicable, the discharge of pollutants to the
MS4, in accordance with the City's grading manual, as developed and updated by
the City Engineer, and, when applicable, in accordance with a grading plan
approved by the City Engineer for such project.
3. All applicants for construction projects equal to or greater than 1 acre and less
than 5 acres shall prepare and submit a SWPPP to the City Engineer for review and
approval prior to issuance of any permits.
4. Projects involving a single family hillside residence shall be required to do the
following:
S a. Conserve natural areas;
b. Protect slopes and channels;
C. Provide storm drain system stenciling and signage; and
d. Divert roof runoff and surface flow to vegetated areas before discharge
unless the diversion would result in slope instability; and direct surface flow to
vegetated areas before discharge unless the diversion would result in slope
instability.
5. Water Quality Management Plan (WQMP). All applicants for new development and
redevelopment projects shall submit a WQMP with their project applications to the
city. The WQMP shall be submitted to the City Engineer for review and approval
and shall comply with all requirements of the City's NPDES permit, including
applicable SUSMP or other similar plan, developed as a part of or pursuant to the
City's NPDES permit and any applicable SUSMP or other similar plan.
The WQMP shall be designed to reduce projected runoff for the project through
• incorporation of design elements or principles, in accordance with the
requirements set forth in the city's NPDES permit and any applicable SUSMP or
other similar plan. Applicants shall refer to the most recent edition of the
"Construction Best Management Practices Handbook,"produced and published by
the Storm Water Quality Task Force, for specific guidance on selecting BMPs for
reducing pollutants in storm water runoff from urbanized areas. WQMPs may
include the development of a regional approach as a means of complying with
BMPs and applicable numerical design standard or requirement, where such a
regional approach is to be approved by both the City Engineer and Regional
Board.
6. Numerical Design Criteria: Post-construction Treatment Control BMPs for projects
must incorporate, at a minimum, either a volumetric or flow based treatment
control design standard, or both, as identified below to mitigate (infiltrate, filter or
treat) storm water runoff.:
a. Volumetric Treatment Control BMP
(1) The 85th percentile 24-hour runoff event determined as the
maximized capture storm water volume for the area, from the
formula recommended in Urban Runoff Quality Management, WEF
Manual of Practice No. 231ASCE Manual of Practice No. 87, (1998);
or
195]9/7001/06-I55 Mira01 Page 9
(2) The volume of annual runoff based on unit based on unit basin
storage water quality volume, to achieve 80 percent or more volume
treatment by the method recommended in California Storm water
Best Management Practices Handbook - Industrial/Commercial,
(1993); or
(3) The volume of runoff produced from a 0.75 inch storm event, prior
to its discharge to a storm water conveyance system, or
(4) The volume of runoff produced from a historical-record based
reference 24-hour rainfall criterion for "treatment" (0.75 inch
average for the Los Angeles County area) that achieves
approximately the same reduction in pollutant loads achieved by
the 85th percentile 24-hour runoff event.
b. Flow Based Treatment Control BMP
(1) The flow of runoff produced from a rain event equal to at least 0.2
• inches per hour intensity; or
(2) The flow of runoff produced from a rain event equal to at least two
times the 85th percentile hourly rainfall intensity for Los Angeles
County; or
(3) The flow of runoff produced from a rain event that will result in
treatment of the same portion of runoff as treated using volumetric
standards above.
7. Applicability of Numerical Design Criteria: The numeric design criteria listed above
shall apply to the following categories of projects required to design and
implement post-construction treatment controls to mitigate storm water pollution:
a. Single-family hillside residential developments of one acre or more of
surface area;
b.
Housing developments (includes single family homes, multifamily homes,
condominiums, and apartments) of ten units or more;
C.
A 100,000 square feet or more impervious surface area
industrial/commercial development;
•
d.
Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and 7536-
7539) [5,000 square feet or more of surface area];
e.
Retail gasoline outlets [5,000 square feet or more of impervious surface
area and with projected Average Daily Traffic (ADT) of 100 or more
vehicles]. Subsurface Treatment Control BMPs which may endanger public
safety (i.e., create an explosive environment) are considered not
appropriate;
f.
Restaurants (SIC 5812) [5,000 square feet or more of surface area];
g.
Parking lots 5,000 square feet or more of surface area or with 25 or more
parking spaces;
h.
Projects located in, adjacent to or discharging directly to an ESA that meet
threshold conditions identilied above; and
i.
Redevelopment projects in subject categories that meet Redevelopment
thresholds.
8. City Review and Plan Approval.
a. Prior to the issuance of a permit for a new development or redevelopment
project, the City shall evaluate the proposed project using the applicable
SUSMP and the guidelines and BMP list approved by the Regional Board,
and erosion and grading requirements of the City Building Official or City
Engineer to determine (i) its potential to generate the flow of pollutants into
the municipal storm drain system both during and after construction; and
13579/3WIM-155 Mi,c [ Page 10
(ii) how well the WQMP for the proposed project meets the goals of this
chapter. Each plan will be evaluated on its own merits according to the
particular characteristics of the project and the site to be developed. Based
upon the review, the City may impose conditions upon the issuance of the
building permit, in addition to any required by the state construction
activities storm water permit for the project, in order to minimize the flow of
pollutants into the municipal storm drain system.
b. No grading permit for developments requiring coverage under the state
general construction permit shall be issued unless the applicant can show
that a notice of intent to comply with the state construction activities storm
water permit has been filed and that a SWPPP has been prepared for the
project.
C. The City Building Official or City Engineer shall approve or disapprove of
the WQMP within thirty calendar days of submittal, or within thirty days of
approval of the development project by the planning commission, where
planning commission approval is required. N the plan is disapproved, the
• reasons for disapproval shall be given in writing to the applicant. Any plan
disapproved may be revised by the applicant and resubmitted for approval.
A resubmitted plan will be approved or disapproved within thirty days of
submittal. No building permit shall be issued until a WQMP has been
approved by the City Building Official or City Engineer.
d. If no building permit has been issued or no construction has begun on a
project within a period of one hundred eighty days of approval of a WQMP,
the WQMP shall expire. The City Building Official or City Engineer may
extend the time by written extension for action by the applicant for a period
not to exceed one hundred eighty days upon written request by the
applicant showing that circumstances beyond the control of the applicant
prevented the construction from commencing. In order to renew the
WQMP, the applicant shall resubmit all necessary forms and other data and
pay a new plan review fee.
e. Stone water runoff containing sediment, construction waste or other
pollutants from the construction site and parking areas shall be reduced to
the maximum extent practicable. The following BMPs shall apply to all
• construction projects within the City, and shall be required from the time of
demolition of existing structures or commencement of construction until
receipt of a certificate of occupancy.
(1) Sediment, construction waste, and other pollutants from
construction activities shall be retained on the construction site to
the maximum extent practicable;
(2) Structural controls such as sediment barriers, plastic sheeting,
detention ponds, dikes, filter beams and similar controls shall be
utilized to the maximum extent practicable in order to minimize the
escape of sediment and other pollutants from the site;
(3) All excavated soil shall be located on the site in a manner that
minimizes the amount of sediments running onto the street,
drainage facilities or adjacent properties. Soil piles shall be covered
with plastic or similar material until the soil is either used or
removed from the site; and
(4) No washing of construction or other vehicles is permitted adjacent
to a construction site. No water from the washing of construction or
other vehicles is permitted to run off the construction site, or to
otherwise enter the municipal storm drain system.
As a condition to granting a construction permit, the City may set
reasonable limits on the clearing of natural vegetation from construction
sites, in order to reduce the potential for soil erosion. These limits may
11579/3001/06-155 Mitt01 Page 11
include, but are not limited to, regulating the length of time soil is allowed
to remain bare or prohibiting bare soil.
g. The City Building official may require, prior to the issuance of any building
or grading permit, preparation of appropriate wet weather erosion control,
SWPPP or other plans consistent with countywide development
construction guidance provisions and the goals of this chapter.
9. Development Construction Requirements.
a. Runoff from construction activity at all construction sites shall meet the
following minimum requirements:
(1) Sediments generated on the project site shall be retained using
adequate Treatment Control or Structural BMPs;
(2) Construction-related materials, wastes, spills, or residues shall be
retained at the project site to avoid discharge to streets, drainage
facilities, receiving waters, or adjacent properties by wind or runoff;
(3) Non-storm water runoff from equipment and vehicle washing and
any other activity shall be contained at the project site; and
(4) Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs (as approved in
Regional Board Resolution No. 99-03), such as the limiting of
grading scheduled during the wet season; inspecting graded areas
during rain events; planting and maintenance of vegetation on
slopes; and covering erosion susceptible slopes.
10. Transfer of Properties Subject to Requirement for Maintenance of Structural and
Treatment Control BMPs.
a. The transfer or lease of a property subject to a requirement for
maintenance of structural and treatment control BMPs shall include
conditions requiring the transferee and its successors and assigns to
either: (a) assume responsibility for maintenance of any existing structural
or treatment control BMP, or (b) replace an existing structural or treatment
control BMP with new control measures or BMPs meeting the then current
standards of the City and the SUSMP. Such requirement shall be included
in any sale or lease agreement or deed for such property. The condition of
transfer shall include a provision that the successor property owner or
lessee conduct maintenance inspections of all structural or treatment
control BMPs at least once a year and retain proof of inspection.
b. For residential properties where the structural or treatment control BMPs
are located within a common area which will be maintained by a
homeowner's association, language regarding the responsibility for
maintenance shall be included in the project's conditions, covenants and
restrictions (CCBRs). Printed educational materials will be required to
accompany the First deed transfer to highlight the existence of the
requirement and to provide information on what storm water management
facilities are present, signs that maintenance is needed, and how the
necessary maintenance can be performed. The transfer of this information
shall also be required with any subsequent sale of the property.
C. If structural or treatment control BMPs are located within an area proposed
for dedication to a public agency, they will be the responsibility of the
developer until the dedication is accepted.
BC. Cost Recovery. The costs and expenses of the City Engineer or his or her designee incurred in
the review, approval or revision of any water quality management plan, or in the approval or revision of
any such plan, shall be assessed to the property owner or responsible party and shall be due and
13579/3001/06-155 MISC01 Page 12
payable to the city. The City Planning Agency 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 property owner or responsible party.
GD. Litter Control. No person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or
other location), upon any public or private property, whether occupied, open or vacant, including but not
limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage
system.
Every person occupying or having charge and control of private property on which a prohibited
disposal of waste materials occurs shall cause the proper collection and disposal of same.
A prohibited disposal of waste materials creates a danger to public health, safety and welfare,
and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or
occupant of private property who fails to remove waste material within a reasonable time may be charged
with creating a nuisance upon the property. (Ord. 758 § 4 (part), 1995: prior code § 5702)
13.16.040 Inspections--Scope. (NO CHANGES TO THIS SECTION)
A. Right to Inspect. Prior to commencing any inspection as hereinbelow authorized, the authorized
inspector shall obtain either the consent of the owner or occupant of the private property or shall obtain
an administrative inspection warrant or criminal search warrant.
B. Entry to Inspect. The authorized inspector may enter private property to investigate the source of
any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located
within the jurisdiction of the city.
C. Compliance Assessments. The authorized inspector may inspect private property for the purpose
of verifying compliance with this chapter, including but not limited to: (i) identifying products produced,
processes conducted, chemicals used and materials stored on or contained within the property; (ii)
identifying point(s) of discharge of all wastewater, process water systems and pollutants; (iii) investigating
• the natural slope at the location, including drainage patterns and man-made conveyance systems; (iv)
establishing the location of all points of discharge from the private property, whether by surface runoff or
through a storm drain system; (v) locating any illicit connection or the source of prohibited discharge; (vi)
evaluating compliance with any water quality management plan; (vii) evaluating compliance with any
permit issued pursuant to Section 13.16.050; and (viii) investigating the condition of any legal
nonconforming connection.
D. Portable Equipment. For purposes of verifying compliance with this chapter, the authorized
inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
E. Records Review. The authorized inspector may inspect all records of the owner or occupant of
private property relating to chemicals or processes presently or previously occurring on-site, including
material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data
sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits,
stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit
connections, prohibited discharges, a legal nonconforming connection or any other source of contribution
or potential contribution of pollutants to the stormwater drainage system.
F. Sample and Test. The authorized inspector may inspect, sample and test any area 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 stormwater drainage system. The authorized inspector may
investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming
connection or other pipelines on the property using appropriate tests, including but not limited to smoke
13579/3001/06-155Mi1W1 Page 13
and dye tests or video surveys. The authorized inspector may take photographs or video tape, make
measurements or drawings, and create any other record reasonably necessary to document conditions
on the property.
G. Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose
of measuring any discharge or potential source of discharge to the stormwater drainage system.
H. Test Results. The owner or occupant of property subject to inspection shall, on submission of a
written request, receive copies of all monitoring and test results conducted by the authorized inspector.
(Ord. 758 § 4 (part), 1995: prior code § 5703)
13.16.050 Permits. (NO CHANGES TO THIS SECTION)
A. Discharge Permit Procedure.
• 1. Permit. On application of the owner of private property or the operator of any facility, the
City Manager or his or her designee may grant permission by way of a permit for release
of nonstormwater discharges to the stormwater drainage system if:
a. The discharge of,material or constituents is reasonably necessary for the conduct
of otherwise legal activities on the property; and
b. The discharge will not cause a nuisance, impair the beneficial uses of receiving
waters, or cause any reduction in established water quality standards.
2. Application. The applicant shall provide all information requested by the City Manager or
his or her designee for review and consideration of the application, including but not
limited to specific detail as to the activities to be conducted on the property, plans and
specifications for facilities located on the property, identification of equipment or
processes to be used on-site and other information as may be requested in order to
determine the constituents, and quantities thereof, which may be discharged if
permission is granted.
3. Permit Issuance. The permit shall be granted or denied by the City Manager or his or her
designated representative, no later than sixty (60) business days following the completion
and acceptance of the application as determined by the City Manager or his or her
designee.
The applicant shall be notified in person or by first-class mail, postage prepaid, of the action
taken.
4. Permit Conditions. The permit may include terms, conditions and requirements to ensure
compliance with the objectives of this chapter and as necessary to protect the receiving
waters, including but not limited to:
a. Identification of the discharge location on the property and the location at which
the discharge will enter the stormwater drainage system;
b. Identification of the constituents and quantities thereof to be discharged into the
stormwater drainage system;
C. Specification of pollution prevention techniques and structural or nonstructural
control requirements as reasonably necessary to prevent the occurrence of
potential discharges in violation of this chapter;
d. Requirements for self-monitoring of any discharge;
e. Requirements for submission of documents or data, such as technical reports,
production data, discharge reports, self-monitoring reports and waste manifests;
and
135M00I 06-155 Mis l Page 14
f. Other terms and conditions appropriate to ensure compliance with the provisions
of this chapter and the protection of receiving waters, including requirements for
compliance with best management practices guidance documents approved by
any federal, state of California or regional agency.
5. General Permit. In the discretion of the City Manager or his or her designee, the permit
may, in accordance with the conditions identified in subsection (A)(4) of this section, be
prepared as a general permit applicable to a specific category of activities. If a general
permit is issued, any person intending to discharge within the scope of the authorization
provided by the general permit may do so by filing an application to discharge with the
City Manager or his or her designee. No discharge within the scope of the general permit
shall occur until such application is so filed.
Notwithstanding the foregoing in this subsection (A)(5), the City Manager or his or her designee,
in his or her discretion, may eliminate the requirement that an application for a general permit be
filed for any specific activity for which a general permit has been issued.
• 6. Permit Fees. The permission to discharge shall be conditioned upon the applicant's
payment of the city's costs, in accordance with a fee schedule adopted by separate
resolution, as follows:
a. For individually issued permits, the costs of reviewing the permit application,
preparing and issuing the permit, and the costs reasonably related to
administrating this permit program;
b. For general permits, the costs of reviewing the permit application, that portion of
the costs of preparing the general permit which is reasonably attributable to the
permittee's application for the general permit, and the costs reasonably related to
administering the general permit program.
B. Permit Suspension, Revocation or Modification.
The City Manager or his or her designee, may suspend or revoke any permit when it is
determined that:
a. The permittee has violated any term, condition or requirement of the permit or
any applicable provision of this chapter; or
b. The permittee's discharge or the circumstances under which the discharge
occurs have changed so that it is no longer appropriate to except the discharge
from the prohibitions on prohibited discharge contained within this chapter; or
c. The permittee fails to comply with any schedule for compliance issued pursuant
to this chapter; or
d. Any regulatory agency, including EPA or a Regional Water Quality Control Board
having jurisdiction over the discharge, notifies the city that the discharge should
be terminated.
2. The City Manager or his or her designee, may modify any permit when it is determined
that:
a. Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
b. The permittee's discharge or the circumstances under which the discharge
occurs have changed so that it is appropriate to modify the permit's terms,
conditions or requirements; or
c. A change to the permit is necessary to ensure compliance with the objectives of
this chapter or to protect the quality of receiving waters.
135MMIM-155 MMI Page 15
The permittee shall be informed of any change in the permit terms and conditions at least
forty-five (45) business days prior to the effective date of the modified permit.
3. The determination that a permit shall be suspended, revoked or modified may be
appealed by a permittee pursuant to the same procedures applicable to appeal of an
administrative compliance order hereunder. In the absence of a judicial order to the
contrary, the permittee may continue to discharge pending issuance of the final
administrative decision by the Hearing Officer.
C. Permit Enforcement--Penalties. Any violation of the terms, conditions and requirements of any
permit issued by the City Manager or his or her designee, shall constitute a violation of this chapter and
subject the violator to the administrative, civil and criminal remedies available under this chapter.
D. Compliance with the terms, conditions, and requirements of a permit issued pursuant to this
chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations
and permit requirements, applicable to the activity for which the permit is issued.
• 1. Limited Permittee Rights. Permits issued under this chapter are for the person or entity
identified therein as the "permittee" only, and authorize the specific operation at the
specific location identified in the permit. The issuance of a permit does not vest the
permittee with a continuing right to discharge.
2. Transfer of Permits. No permit may be transferred to allow:
a. A discharge to the stormwater drainage system at a location other than the
location stated in the original permit; or
b. A discharge by a person or entity other than the permittee named in the permit,
provided however, that the city may approve a transfer if written approval is
obtained, in advance, from the City Manager or his or her designee. (Ord. 758 §
4 (part), 1995: prior code § 5705)
•
135N/M/0 -155Miw ] Page 16
13.16.060 Enforcement-- Administrative Remedies. (NO CHANGES TO THIS SECTION)
A. Notice of Noncompliance. The authorized inspector may deliver to the owner or occupant of any
private property, or to any person responsible for an illicit connection or prohibited discharge a notice of
noncompliance. The notice of noncompliance shall be delivered in accordance with subsection E of this
section.
1. The notice of noncompliance shall identify the violation(s) of this chapter, the applicable
water quality management plan or permit which has occurred. The notice of
noncompliance shall state that continued noncompliance may result in additional
enforcement actions against the owner, occupant and/or person.
2. The notice of noncompliance shall state a compliance date that must be met by the
owner, occupant and/or person; provided, however, that the compliance date may not
exceed ninety (90) days unless the authorized inspector extends the compliance deadline
• an additional ninety (90) days where good cause exists for the extension.
B. Administrative Compliance Orders.
1. The authorized inspector may issue an administrative compliance order. The
administrative compliance order shall be delivered in accordance with subsection E of
this section. The administrative compliance order may be issued to:
a. The owner or occupant of any private property requiring abatement of conditions
on the property that cause or may cause a prohibited discharge or an illicit
connection in violation of this chapter;
b. The owner of private property or a responsible party subject to the requirements
of any water quality management plan to ensure implementation of and
adherence to the terms, conditions and requirements of the plan;
C. A permittee subject to the requirements of any permit issued pursuant to Section
13.16.050 to ensure compliance with the terms, conditions and requirements of
the permit;
• d. Any person responsible for an illicit connection or prohibited discharge.
2. The administrative compliance order may include the following terms and requirements:
a. Specific steps and time schedules for compliance as reasonably necessary to
prevent threatened or future unauthorized discharges, including but not limited to
the threat of a prohibited discharge from any pond, pit, well, surface
impoundment, holding or storage area;
b. Specific steps and time schedules for compliance as reasonably necessary to
discontinue any illicit connection;
C. Specific requirements for containment, cleanup, removal, storage, installation of
overhead covering, or proper disposal of any pollutant having the potential to
contact stormwater runoff;
d. Any other terms or requirements reasonably calculated to prevent continued or
threatened violations of this chapter, including, but not limited to requirements for
compliance with best management practices guidance documents promulgated
by any federal, state of California or regional agency;
e. Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any water quality
management plan, or permit issued pursuant hereto.
135]9/3001/0& 155 Miui11 Page 17
C. Cease and Desist Orders.
The authorized inspector may issue a cease and desist order. A cease and desist order
shall be delivered in accordance with subsection E of this section. A cease and desist
order may direct the owner or occupant of any private property and/or other person
responsible for a violation of this chapter to:
a. Immediately discontinue any illicit connection, or prohibited discharge to the
stormwater drainage system;
b. Immediately contain or divert any flow of 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;
d. Clean up the area affected by the violation.
2. The authorized inspector may direct by cease and desist order that the owner of any
• private property, the responsible party subject to the terms and conditions of any water
quality management plan, or any permittee under any permit issued pursuant to Section
13.16.050:
Immediately cease any activity not in compliance with the terms, conditions and
requirements of the applicable water quality management plan or permit.
D. Recovery of Costs. The authorized inspector may deliver to the owner or occupant of any private
property, any permittee or any responsible party, or any other person who becomes subject to a notice of
noncompliance or administrative order, an invoice for costs. An invoice for costs shall be delivered in
accordance with subsection E of this section. An invoice for costs shall be immediately due and payable
to the city for the actual costs incurred by the city in issuing and enforcing any notice or order.
If any owner or occupant, 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 subsection F of this
section, then the enforcing attorney may institute collection proceedings.
• E. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and
desist order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be
subject to the following:
1. The notice shall state that the recipient has a right to appeal the matter as set forth in
subsections F through J of this section.
2. Delivery shall be deemed complete upon: (a) personal service to the recipient; (b) deposit
in the U.S. mail, postage pre-paid for first class delivery; or (c) facsimile service with
confirmation of receipt.
3. Where the recipient of notice is the owner of the property, the address for notice shall be
the address from the most recently issued equalized assessment roll for the property or
as otherwise appears in the current records of the city.
4. Where the owner or occupant of any private property cannot be located after the
reasonable efforts of the authorized inspector, a notice of noncompliance or cease and
desist order shall be deemed delivered after posting on the property for a period of ten
business days.
F. Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders,
Invoices for Costs and Adverse Determinations. Except as set forth in subsection H of this section, any
person receiving a notice of noncompliance, administrative compliance order, a notice of legal
nonconforming connection, an invoice for costs, or any person who is subject to any adverse
1757913001/0 155 Mix I Page 18
determination made pursuant to this chapter, may appeal the matter by requesting an administrative
hearing.
G. Request for Administrative Hearing. Any person appealing a notice of noncompliance, an
administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an
adverse determination shall, within thirty (30) days of receipt thereof, file a written request for an
administrative hearing, accompanied by an administrative hearing fee as established by separate
resolution, with the office of the City Clerk, with a copy of the request for administrative hearing mailed on
the date of filing to the City Manager, and the City Attorney. Thereafter, a hearing on the matter shall be
held before the Hearing Officer within forty-five (45) business days of the date of filing of the written
request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by
the appealing party, a continuance of the hearing is granted.
H. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An
administrative hearing on the issuance of a cease and desist order or following an emergency abatement
action shall be held within five business days following the issuance of the order or the action of
• abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party
subject to the cease and desist order or the emergency abatement. A request for an administrative
hearing shall not be required from the person subject to the cease and desist order or the emergency
abatement action.
1. Hearing Proceedings. The authorized inspector shall appear in support of the notice, order,
determination, invoice for costs or emergency abatement action, and the appealing party shall appear in
support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the
emergency abatement action. The city shall have the burden of supporting any enforcement or other
action by a preponderance of the evidence. Each party shall have the right to present testimony and other
documentary evidence as necessary for explanation of the case.
J. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten
business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid,
to the appealing party. The final decision shall include notice that any legal challenge to the final decision
shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and
shall be commenced within ninety (90) days following the final decision. (The administrative hearing fee
• paid by a prevailing party in an appeal shall be refunded.)
Notwithstanding this subsection, the final decision of the Hearing Officer in any preceding
determining the validity of a cease and desist order or following an emergency abatement action shall be
mailed within five business days following the conclusion of the hearing.
K. City Abatement. In the event the owner of private property, the operator of a facility, a permittee,
a responsible party, or any other person fails to comply with any provision of a compliance schedule
issued pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter the property, abate the condition
and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or
other judicial authorization may be recovered through collection proceedings. (Ord. 758 § 4 (part), 1995:
prior code § 5704(A))
13.16.070 Violation--Nuisance. (NO CHANGES TO THIS SECTION)
Any condition in violation of the prohibitions of this chapter, including but not limited to the
maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute
a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to
Government Code Section 38771.
A. Court Order to Enjoin or Abatement. At the request of the City Manager or his or her designee,
the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
135Neml/ -155 Mixoi Page 19
B. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or
threatened nuisance, the City Manager or his or her designee shall provide notice of the proposed
injunction or abatement to the owner and occupant, if any, of the property where the nuisance or
threatened nuisance is occurring.
C. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety
or the environment, the City Manager or his or her designee may enter the property from which the
nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior
notice to or consent from the owner or occupant thereof and without judicial warrant.
An imminent danger shall include, but is not limited to, exigent circumstances created by
the dispersal of pollutants, where the same presents a significant and immediate threat to
the public safety or the environment.
2. Notwithstanding the authority of the city to conduct an emergency abatement action, an
administrative hearing pursuant to Section 13.16.060(H) shall follow the abatement
. action.
D. Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all
administrative expenses and all legal expenses, including costs and attorney fees, shall be recoverable
from the person(s) creating, causing, committing or maintaining the nuisance.
E. Nuisance Lien. All costs shall become a lien against the property from which the nuisance
emanated and a personal obligation against the owner thereof in accordance with Government Code
Section 38773.1 and Section 38773.5. The owner of record of the property subject to any lien shall
receive notice of the lien prior to recording as required by Government Code Section 38773.1.
At the direction of the City Manager or his or her designee, the enforcing attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgement
or by delivery to the County Assessor of a special assessment against the property in accord with the
conditions and requirements of Government Code Section 38773.5. (Ord. 758 § 4 (part), 1995: prior code
§ 5704(6))
• 13.16.080 Criminal Sanctions. (NO CHANGES TO THIS SECTION)
A. Prosecutor. The enforcing attorney may act on the request of the City Manager or his or her
designee to pursue enforcement actions in accordance with the provisions of this chapter.
B. Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter
may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of
not more than one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a
second violation, and a fine not exceeding five hundred dollars ($500.00) for each additional violation
occurring within one year.
C. Misdemeanors. Any person who negligently or knowingly violates any provision of this chapter,
undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice
thereof, or violates the terms, conditions and requirements of any water quality management plan or
permit, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for a period of not more than six months, or both. (Ord. 758 § 4 (part),
1995: prior code § 5704(C))
13.16.090 Consecutive Violations. (NO CHANGES TO THIS SECTION)
Each day in which a violation occurs and each separate failure to comply with either a separate
provision of this chapter, an administrative compliance order, a cease and desist order, an applicable
water quality management plan, or a permit issued pursuant to this chapter, shall constitute a separate
135'!9/3001/06-155 Moot Page 20
violation of this chapter punishable by fines or sentences issued in accordance herewith. (Ord. 758 § 4
(part), 1995: prior code § 5704(D))
13.16.100 Nonexclusive Remedies. (NO CHANGES TO THIS SECTION)
Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it
is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies,
except that multiple monetary fines or penalties shall not be available for any single violation of this
chapter. (Ord. 758 § 4 (part), 1995: prior code § 5704(E))
13.16.110 Citations. (NO CHANGES TO THIS SECTION)
Pursuant to Penal Code Section 836.5, the authorized inspector shall have the authority to cause
the arrest of any person committing a misdemeanor or infraction pursuant to the provisions of this
chapter. The person shall be released and issued a citation to appear before a magistrate in accordance
with Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a
• magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the
enforcing attorney.
Each citation to appear shall state the name and address of the violator, the provisions of this
chapter violated, and the time and place of appearance before the court, which shall be at least ten
business days after the date of violation. The person cited shall sign the citation giving his or her written
promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may
request issuance of a warrant for the arrest of the person cited. (Ord. 758 § 4 (part), 1995: prior code §
5704(F))
13.16.120 Violations of Other Laws. (NO CHANGES TO THIS SECTION)
Any person acting in violation of this chapter also may be acting in violation of the Federal Clean
Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including
civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal
Clean Water Act Section 505(a), seeking penalties, damages and orders compelling compliance, and
other appropriate relief. The enforcing attorney may notify EPA Region IX, the California Regional Water
• Quality Control Board, Los Angeles Region or any other appropriate state or local agency, of any alleged
violation of this chapter. (Ord. 758 § 4 (part), 1995: prior code § 5704(G))
13.16.130 Injunctions. (NO CHANGES TO THIS SECTION)
At the request of the City Manager or his or her designee, the enforcing attorney may cause the
filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this chapter.
A. Order for Reimbursement. 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, legal expense, including costs and attorney fees, and costs relating to restoration of
the environment. (Ord. 758 § 4 (part), 1995: prior code § 5704(H))
13.16.140 Other Civil Remedies. (NO CHANGES TO THIS SECTION)
A. The City Manager or his or her designee, may cause the enforcing attorney to file an action for
civil damages in a court of competent jurisdiction seeking recovery of: (i) all costs incurred in enforcement
of the chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection,
administrative expenses, legal expenses, including costs and attorney fees, and consequential damages;
(ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (iii)
damages for irreparable harm to the environment.
135V3001IM-155 Mis 01 Page 21
B. The enforcing attorney is authorized to file actions for civil damages resulting from any trespass
or nuisance occurring on public land or to the stormwater drainage system from any violation of this
chapter where the same has caused damage, contamination or harm to the environment, public property
or the stormwater drainage system.
C. The remedies available to the city pursuant to the provisions of this chapter shall not limit the right
of the city to seek any other remedy that may be available by law. (Ord. 758 § 4 (part), 1995: prior code §
5704(1))
13.16.150 Interagency Cooperation. (NO CHANGES TO THIS SECTION)
A. The Federal Clean Water Act authorizes the NPDES permit for the Los Angeles area and
provides for cooperative implementation of requirements and interagency allocations of program
resources and burdens. The coordinated effort of the county and the co-permittees is reflected in the
National Pollutant Discharge Elimination System Permit Implementation Agreement, the NPDES permits,
this chapter, monitoring and data collection cooperation and regular emergency and spill response
• planning activities.
B. The city may elect to contract for the services of any public agency or private enterprise to carry
out the planning approvals, inspections, permits and enforcement authorized by this chapter. (Ord. 758 §
4 (part), 1995: prior code § 5706)
13.16.160 Compliance Disclaimer. (NO CHANGES TO THIS SECTION)
Full compliance by any person or entity with the provisions of this chapter shall not preclude the
need to comply with other local, state or federal statutory or regulatory requirements, which may be
required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater
quality. (Ord. 758 § 4 (part), 1995: prior code § 5707(A))
13.16.170 Judicial Review. (NO CHANGES TO THIS SECTION)
The provisions of Sections 1094.5 and 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 ninety (90) days of the occurrence of
the event for which review is sought. (Ord. 758 § 4 (part), 1995: prior code § 5708)
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections or portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4. Urgency Clause. The City Council finds that there is a current and immediate threat
to the protection of the public health, safety and welfare insofar as California Regional Water Quality
Control Board, Los Angeles Region Order No. 01-182 mandates that the above requirements are in effect
before February 20, 2003. The City Council adopts the recitals set forth above as legislative findings of
the threat to the public health, safety, and welfare and declares that such threat requires the immediate
adoption of this ordinance on an urgency basis.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this
ordinance by the City Council of Rosemead and shall cause a summary of this ordinance to be published
in accordance with Government Code Section 36933, and this ordinance shall take effect immediately
after its passage.
13579/3001/06-155M&M Page 22
SECTION 6. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines § 15061 (b)(3) as a project that has no potential
for causing a significant effect on the environment.
PASSED, APPROVED and ADOPTED this 11"
ATTEST:
\ncy
ancy Valderrama
City Clerk
•
1l5]9 M1/06155 Mi l Page 23
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
. I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 825 being:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 13.16 "STORMWATER
MANAGEMENT" OF THE ROSEMEAD MUNICIPAL CODE TO ENFORCE THE
REQUIREMENTS OF THE 2001 NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) MUNICIPAL STORMWATER PERMIT
was duly adopted at a regular meeting of the Rosemead City Council on the 1 I"' day of February,
2003 by the following vote to wit:
YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL,
TAYLOR
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK