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Ordinance No. 758 - Adding Chapter 7 to Articles 5ORDINANCE NO. 758 AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 7 TO ARTICLE 5, SANITATION AND HEALTH, OF THE ROSEMEAD MUNICIPAL CODE, IMPLEMENTING A STORM WATER MANAGEMENT PROGRAM PURSUANT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMITS PROGRAM THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council believes that an important local purpose would be served by complying with the provisions of the National Pollution Discharge Elimination System (NPDES) Permits applicable to the City. Section 2. The NPDES Permit requires that the City of Rosemead: (1) develop and implement storm water management programs and implementation plans, (ii) enact legislation and ordinances as necessary to ensure compliance with the storm water management programs and implementation plans, (iii) pursue enforcement actions as necessary to ensure compliance with storm water management programs and implementation plans, (iv) prohibit illicit and illegal • discharges from entering the storm water conveyance systems, subject only to specific exceptions, (v) ensure adequate response to emergency situations, including spills, leaks, and illicit or illegal discharges, and (vi) develop and require implementation of best management practices to ensure that pollution is reduced to the maximum extent practicable. Section 3. (a) The enacting of this Chapter is a condition of the NPDES Permit, the requirements of which are exempt from the California Environmental Quality Act pursuant to Public Resources Code section 21100, et seq (CEQA). (b) This Chapter is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. Section 4. The Municipal Code of the City of Rosemead, California is hereby amended by adding Chapter 7 to Article 5, Sanitation and Health, to read as follows: 1- SECTION 5700 DEFINITIONS A. 'Authorized Inspector" shall mean 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 Ordinance. B. "City" shall mean the City of Rosemead, Los Angeles County, California. C. "Co-Permittee" shall mean 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. D. "Discharge" shall mean 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. E. "Discharge Exception" shall mean the group of activities not restricted or prohibited by this Ordinance, including only: Discharges composed entirely of storm water, discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency, discharges to the Storm Water Drainage System from potable water line flushing, fire fighting activities, landscape irrigation • systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems), discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, non-commercial vehicle washing at residences, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, public street wash waters when related to cleaning and maintenance by, or on behalf of, the City and discharges authorized pursuant to federal or state laws or regulations. • The Discharge Exception shall not include discharges resulting from active groundwater dewatering systems. -2- F. "Domestic Sewage Exception" shall mean discharges which are exceptions to this Ordinance and excluded from the definition of Prohibited Discharge, as defined herein, including only: Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill. G. "Enforcing Attorney" shall mean the City Attorney or District Attorney acting as counsel to the City of Rosemead and his/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. H. "EPA" shall mean the Environmental Protection Agency of the United States. "Hearing Officer" shall mean the City Manager or his/her designee, who shall preside at the administrative hearings authorized by this Ordinance and issue final decisions on the matters raised therein. J. "Invoice for Costs" shall mean the actual costs and expenses of the City incurred during any Inspection conducted pursuant to Section 5701 of this Ordinance, where a Notice of Noncompliance, Administrative Compliance . Order or other enforcement option under Section 5704 of this Ordinance is utilized to obtain compliance with this Ordinance. K. "Illicit Connection" shall mean any natural or man-made 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 Storm Water Drainage System occurs or may occur. The term Illicit Connection shall not include Legal Nonconforming Connections or connections to the Storm Water Drainage System that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made. L. "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage System existing as of the adoption of this Ordinance 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 discharge permit issued pursuant to the Industrial Waste Ordinance, City of Rosemead, Municipal Code Section 8500. -3- M. "New Development' shall mean all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential 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. N. "NPDES Permit" shall mean 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, NPDES No. CA0061654 (Cl 6948) Waste Discharge Requirements Storm Water/Urban Runoff Discharge for Los Angeles County and Co-Permittees. The State of California Regional Water Quality Control Board NPDES Permit shall be referred to hereinafter as the "NPDES Permit"; 0. "Person" shall mean 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. P. "Pollutant' shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to: 1. Artificial materials, chips or pieces of natural or man-made 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), 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, -4- 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 § 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 storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. i Q. "Private Property" shall mean any real property, irrespective of ownership, which is not open to the general public. R. "Prohibited Discharge" shall mean any Discharge, which is not composed entirely of storm water or which contains any Pollutant, from public or Private Property to (i) the Storm Water Drainage System; (ii) any upstream flow, which is tributary to the Storm Water 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 5705 hereof, (d) Discharges allowable under the Discharge Exception, or (v) Discharges allowable under the Domestic Sewage Exception. -5- S. "Responsible Parry" shall mean 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/her designee. T. "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a discretionary land use permit or grading permit or building and safety permit is required. U. "State General Permit" shall mean either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both. In the event the 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 storm water control program for industrial and construction activities. V. "Storm Water Drainage System" shall mean 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 storm water 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 storm water. i SECTION 5701 PROHIBITION ON ILLICIT CONNECTIONS AND PROHIBITED DISCHARGES A. No Person shall: 1. 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 this Ordinance; 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 Storm Water Conveyance System, the expiration of five (5) years from the adoption of this Ordinance. -6- 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 Storm Water Conveyance System, the expiration of six (6) 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 Section 5701. A 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 Section 5701.A. The notice of a Legal Nonconforming Connection shall state the date of expiration of use under this Ordinance. 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 Sections 5704.A.6-10 . 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 designee upon consideration of the following factors: 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. SECTION 5702 CONTROL OF URBAN RUNOFF A. New Development and Significant Redevelopment. • 1. Beginning July 11, 1995 and continuing thereafter, all New Development and Significant Redevelopment within the City of Rosemead shall be undertaken in accordance with: (i) A water quality management plan for the project which shall -7- be prepared in accordance with the existing established City standards; and (ii) Any conditions and requirements established by the City Engineer or his/her designee, which are reasonably related to the reduction or elimination of Pollutants in storm water runoff from the project site. 2. Prior to the issuance by the City of a discretionary land use permit or grading permit or building and safety permit for any New Development or Significant Redevelopment, the property owner shall submit to and obtain the approval by the City Engineer or his/her designee, of a water quality management plan. 3. Notwithstanding the foregoing Sections 5702.A.1 and 5702.A.2, a water quality management plan shall not be required for construction of a (one) single family detached residence unless the City Engineer or his/her designee determines that the construction may result in the Discharge of significant levels of a Pollutant into a tributary to the Storm Water Drainage System. 4. Compliance with the conditions and requirements of a water quality management plan shall not exempt any Person from the requirement to independently comply with each provision of this Ordinance. 5. If the City Engineer or his/her designee determines that the project • will have a de minimis impact on the quality of storm water runoff, then it may issue a written waiver of the requirement for preparation and approval of a water quality management plan. 6. Each water quality management plan shall name a Responsible Party for the project. 7. The owner of a New Development or Significant Redevelopment project, their successors and assigns, and each named Responsible Party, shall implement and adhere to the terms, conditions and requirements of the approved water quality management plan. (i) Each failure by the owner of the property, their successors or assigns, or a named Responsible Party, to implement and adhere to the terms, conditions and requirements of an approved water quality management plan shall constitute a • violation of this Ordinance. -8- 8. The City Engineer or his/her designee may require that the water quality management plan be recorded with the County Recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named Responsible Party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the City shall not be required for recordation. B. Cost Recovery. The costs and expenses of the City Engineer or his/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 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. C. 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 Storm Water 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. SECTION 5703 INSPECTIONS A. Scope of Inspections. • 1. Right to Ins ect. 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. -9- 2. 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 Storm Water Drainage System located within the jurisdiction of the City of Rosemead. 3. Compliance Assessments. The Authorized Inspector may inspect Private Property for the purpose of verifying compliance with this Ordinance, 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 5705 hereof, and (viii) investigating the condition of any Legal Nonconforming Connection. 4. Portable Equipment. For purposes of verifying compliance with this Ordinance, the Authorized Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. 5. 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, Storm Water 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 Storm Water Drainage System. 6. 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 Storm Water 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 and dye tests or video surveys. The Authorized Inspector may take photographs or video tape, make -10- measurements or drawings, and create any other record reasonably necessary to document conditions on the property. 7. Monitorina. The Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any Discharge or potential source of Discharge to the Storm Water Drainage System. 8. 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. SECTION 5704 ENFORCEMENT A. Administrative Remedies. 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 Section 5704.A.5. of this Ordinance. (i) The Notice of Noncompliance shall identify the violation(s) of this Ordinance, 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. (ii) 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. 2. Administrative Compliance Orders. (i) The Authorized Inspector may issue an Administrative Compliance Order. The Administrative Compliance Order shall be delivered in accordance with Section 5704.A.5. of this • Ordinance. 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 -11- Connection in violation of this Ordinance; (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 5705 hereof to ensure compliance with the terms, conditions and requirements of the permit. (d) Any Person responsible for an Illicit Connection or Prohibited Discharge. (ii) 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 storm water runoff; (d) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this Ordinance, 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. 3. Cease and Desist Orders. -12- (i) The Authorized Inspector may issue a Cease and Desist Order. A Cease and Desist Order shall be delivered in accordance with Section 5704.A.5. of this Ordinance. 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 Ordinance to: (a) Immediately discontinue any Illicit Connection, or Prohibited Discharge to the Storm Water 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 Ordinance; (c) Immediately discontinue any other violation of this Ordinance. (d) Clean up the area affected by the violation. (ii) 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 5705 hereof: (a) Immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable water quality management plan or permit. 4. 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 Section 5704.A.5. of this Ordinance. 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. (i) 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 • Section 5704.A.6., then the Enforcing Attorney may institute collection proceedings. 5. 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 Ordinance shall be -13- subject to the following: (i) The notice shall state that the recipient has a right to appeal the matter as set forth in Sections 5704.A.6. through Section 5704.A.10. of this Ordinance. is 6. (ii) 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. Costs, or any made pursuant requesting an • (iii) 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. (iv) 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 (10) business days. Notice of Noncompliance, Administrative Compliance of Legal Nonconforming Connection, an Invoice for Person who is subject to any adverse determination to this Ordinance, may appeal the matter by administrative hearing. 7. 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. 8. An administrative hearing on the issuance of a 14- Cease and Desist Order or following an emergency abatement action shall be held within five (5) 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. 9. 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. 10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten (10) 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 § § 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.] (1) Notwithstanding this Section 10, 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 (5) business days following the conclusion of the hearing. 11. 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 Ordinance, 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. B. Nuisance Any condition in violation of the prohibitions of this Ordinance, including but -15- 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 §38771. Court Order to Enjoin or Abatement. At the request of the City Manager or his designee, the Enforcing Attorney may seek a court order to enjoin and/or abate the nuisance. 2. 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 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. 3. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City Manager or his designee may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior notice tb or consent from the owner or occupant thereof and without judicial warrant. (i) 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. (ii) Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to Section 5704.A.8. hereinabove shall follow the abatement action. 4. 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. 5. 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 §38773.1 • and §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 §38773.1. (i) At the direction of the City Manager or his designee, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a -16- 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 §38773.5. C. Criminal Sanctions. 1. Prosecutor. The Enforcing Attorney may act on the request of the City Manager or his designee to pursue enforcement actions in accordance with the provisions of this Ordinance. 2. Infractions. Any Person who may otherwise be charged with a misdemeanor under this Ordinance may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than $100 for a first violation, $200 for a second violation, and a fine not exceeding $500 for each additional violation occurring within one year. 3. Misdemeanors. Any Person who negligently or knowingly violates any provision of this Ordinance, undertakes to conceal any violation of this Ordinance, continues any violation of this Ordinance 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 $1000 or by imprisonment for a period of not more than six months, or both. D. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Ordinance, an Administrative Compliance Order, a Cease and Desist Order, an applicable water quality management plan, or a permit issued pursuant to this Ordinance, shall constitute a separate violation of this Ordinance punishable by fines or sentences issued in accordance herewith. E. Non-exclusive Remedies. Each and every remedy available for the enforcement of this Ordinance shall be non-exclusive 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 Ordinance. • -17- F. Citations. Pursuant to Penal Code §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 Ordinance. The Person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code §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 Ordinance violated, and the time and place of appearance before the court, which shall be at least ten (10) 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. G. Violations of Other Laws. Any Person acting in violation ofthis Ordinance 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 §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 Ordinance. H. Injunctions. At the request of the City Manager or his 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 Ordinance. 1. 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 Ordinance, 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. Other Civil Remedies. The City Manager or his designee, may cause the Enforcing Attorney 18- to file an action for civil damages in a court of competent jurisdiction seeking recovery of (1) all costs incurred in enforcement of the Ordinance, 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. 2. The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the Storm Water Drainage System from any violation of this Ordinance where the same has caused damage, contamination or harm to the environment, public property or the Storm Water Drainage System. 3. The remedies available to the City pursuant to the provisions of this Ordinance shall not limit the right of the City to seek any other remedy that may be available by law. SECTION 5705 PERMITS 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 designee may grant permission by way of a permit for release of non-storm water discharges to the Storm Water Drainage System if: (i) The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property, and (ii) 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 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 -19- Manager or his 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 designee. (i) 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 Ordinance and as necessary to protect the receiving waters, including but not limited to: (i) Identification of the discharge location on the property and the location at which the discharge will enter the Storm Water Drainage System; (ii) Identification of the constituents and quantities thereof to be discharged into the Storm Water Drainage System; (iii) Specification of pollution prevention techniques and structural or non-structural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this Ordinance; (iv) Requirements for self-monitoring of any Discharge; (v) Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self- monitoring reports and waste manifests; and (vi) Other terms and conditions appropriate to ensure compliance with the provisions of this Ordinance 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 designee, the permit may, in accordance with the conditions identified in Section 5705.A.4. hereinabove, 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 designee. No discharge within the scope of the general permit shall occur until such application is so filed. -20- (i) Notwithstanding the foregoing in this subsection 5, the City Manager or his designee, in his 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: (i) 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. (ii) 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 designee, may suspend or revoke any permit when it is determined that: • (i) The permittee has violated any term, condition or requirement of the permit or any applicable provision of this Ordinance; or (ii) 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 Ordinance; or (iii) The permittee fails to comply with any schedule for compliance issued pursuant to this Ordinance; or (iv) 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 designee, may modify any permit when it is determined that: (i) Federal or state law requirements have changed in a manner that necessitates a change in the permit, or (ii) The permittee's discharge or the circumstances under which -21- the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements, or (iii) A change to the permit is necessary to ensure compliance with the objectives of this Ordinance or to protect the quality of receiving waters. 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 designee, shall constitute a violation of this Ordinance and subject the violator to the administrative, civil and criminal remedies available under this Ordinance. D. Compliance with the terms, conditions, and requirements of a permit issued pursuant to this Ordinance 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. Limited Permittee Rights. Permits issued under this Ordinance 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 (i) A Discharge to the Storm Water Drainage System at a location other than the location stated in the original permit, • or (ii) 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 designee. -22- SECTION 5706 INTERAGENCY COOPERATION 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 Ordinance, 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 Ordinance. SECTION 5707 MISCELLANEOUS A. Compliance Disclaimer. Full compliance by any Person or entity with the provisions of this Ordinance 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 storm water and/or the protection of storm water quality. • B. Severability. If any provision of this Ordinance or the application of the Ordinance to any circumstance is held invalid, the remainder of the Ordinance or the application of the Ordinance to other Persons or circumstances shall not be affected. SECTION 5708 JUDICIAL REVIEW The provisions of § 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 Ordinance. Parties seeking judicial review of any action taken pursuant to this Ordinance shall file such action within ninety (90) days of the occurrence of the event for which review is sought. • -23- SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause same to be published as required by law. PASSED, APPROVED and ADOPTED this 8th day of August, 1995. • • ATTEST: 2, TY C K I hereby certify that the foregoing Ordinance No. 758 was introduced at a regular meeting of the City Council of the City of Rosemead held on the 11 th day of July, 1995, and was duly adopted by said City Council at their regular meeting held on the 8th day of August, 1995, by the following vote, to wit: AYES: Clark, Taylor, Vasquez, Bruesch, Imperial NOES: None ABSTAIN: None ABSENT: None CI CLE K -24-