Chapter 16.10 STORM WATER

The purpose of this chapter is to ensure the health, safety and general welfare of citizens, protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 125 et seq.) by:

A. Controlling and reducing pollutants in storm water discharges to the MS4 to the maximum extent practicable;

B. Prohibiting non-storm-water discharges to the MS4;

C. Prohibiting illicit connections and illicit discharges to the MS4;

D. Controlling the discharge to a MS4 of spills, dumping or disposal of materials other than storm water;

E. Controlling the contribution of pollutants to the MS4 by storm water discharges associated with industrial and construction activity and the quality of storm water discharged from the sites of industrial and construction activity;

F. Controlling the contribution of pollutants from one portion of the MS4 to another portion of the MS4;

G. Requiring that treatment control best management practices (BMPs) be properly operated and maintained;

H. Requiring the implementation of the Low Impact Development Manual;

I. Adopting best management practices (BMPs) in landscaping for new projects as well as providing a mechanism to require updating and upgrading of existing landscaping in existing developments when improvements are proposed; and

J. Using progressive and consistent inspection and enforcement measures to ensure compliance with this chapter and applicable law. (Ord. 713-2017 § 2 (part), 2017)

16.10.040 Definitions.

The following words and phrases when used in this chapter shall have the meanings as defined herein. Words and phrases used in this chapter and not otherwise defined shall be interpreted as defined in the regulations of the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act in the State Water Code.

A. “Authorized city employee(s)” means those individuals designated by the city engineer, director of public works or chief building official to act as his or her designees.

B. “Best management practices” or “BMPs” means schedules of activities, prohibitions or practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the discharge of pollutants, including non-storm-water discharges, directly or indirectly to watercourses, water bodies, and wetlands. BMPs also include treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

C. “Channel” means any defined watercourse, either natural or manmade, which conveys surface water to the surface waters of the United States.

D. “Chief building official” means the Cloverdale chief building official or his or her designee.

E. “City’s storm water system” means those publicly owned or maintained MS4s that are situated within the city.

F. “Commercial facility” means any nonresidential premises or any premises used as a site of commercial activity.

G. “Construction activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in a land disturbance of one or more acres, and required to obtain an NPDES storm water permit. Construction activity does not include emergency construction activities required to immediately protect public health and safety or routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.

H. “Culvert” means any open pipe, drain, tunnel or aqueduct which conveys water from a channel, stream, creek or drainage.

I. “Director of public works” means the Cloverdale director of public works or his or her designee.

J. “Discharge” means the addition of a pollutant, combination of pollutants or non-storm-water to the MS4 from any “point source” as defined in Clean Water Act Section 502(14) (33 U.S.C. Section 1362(14)).

K. “Discharger” means any individual or private or public facility that releases, spills, leaks, pumps, flows, dumps, or disposes of any pollutant into the city’s storm water system.

L. “Drainage system” means any watercourse, culvert, channel, conduit, ditch, drain, gutter, tunnel, aqueduct, stream, creek or collection thereof which conveys water to the surface waters of the United States or publicly owned wastewater treatment system.

M. “Illicit connection” means any drain or engineered conveyance that is connected to the city’s storm water system without a permit or city authorization, including but not limited to those conveyances that allow an illicit discharge to enter the city’s storm water system.

N. “Illicit discharge” means any direct or indirect discharge to the city’s storm water system that is not composed entirely of storm water, except as exempted at Section 16.10.080.

O. “Industrial activity” means any activity or facility that is associated with any of the categories of activities defined in 40 C.F.R. Section 122.26(b)(14) and required to obtain an NPDES storm water permit.

P. “Low impact development (LID)” means a development site design strategy with a goal of maintaining or reproducing the predevelopment hydrologic system through the use of design techniques to create a functionally equivalent hydrologic setting. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges, are maintained through the use of integrated and distributed small-scale storm water retention and detention areas, reduction of impervious surfaces, and the lengthening of flow paths and runoff time. LID techniques also utilize natural processes to reduce or eliminate pollutants contained in storm water runoff. Other strategies include the preservation and protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable trees, floodplains, woodlands, native vegetation and permeable soils.

Q. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains), as defined in 40 C.F.R. Section 122.26(b)(8):

1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States.

2. Designed or used for collecting or conveying storm water.

3. Which is not a combined sewer.

4. Which is not part of a publicly owned treatment works (POTW), as defined in 40 C.F.R. Section 122.2.

R. “MS4 Phase I Permit” means the California Regional Water Quality Control Board, North Coast Region (Regional Board) adopted Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems, and any amendments or reissuances thereto.

S. “National Pollutant Discharge Elimination System (NPDES) storm water permit” means a permit issued by either the State Water Resources Control Board or a Regional Water Quality Control Board pursuant to Clean Water Act Section 402 (33 U.S.C. Section 1342) and California Water Code Section 13377 that regulates storm water discharges, including but not limited to the city’s MS4 Phase I Permit, the general permit for construction activity (State Water Resources Control Board Order No. 2009-0009-DWQ, as amended) and the general permit for industrial activity (State Water Resources Control Board Order No. 2014-0057-DWQ, as amended).

T. “Non-storm-water discharge(s)” means any discharge that is not entirely composed of storm water.

U. “Pollutant” means those pollutants defined in Clean Water Act Section 502(6) (33 U.S.C. Section 1362(6)) and incorporated by reference into California Water Code Section 13373.

V. “Pollutant loading” means the aggregate quantity of all pollutants.

W. “Polluted discharges” means those discharges whose pollutant load is such as to detract from or place limits on any actual or potential beneficial use of the receiving waters.

X. “Post-construction BMPs” means structural and nonstructural controls which detain, retain, or filter the release of pollutants to receiving waters which continue to operate and are maintained after construction activities have been completed.

Y. “Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Z. “Private drainage systems” means any watercourse, culvert, channel, conduit, ditch, drain, gutter, tunnel, aqueduct, stream, creek or collection thereof located on a private premises within the Cloverdale city limits and which conveys water to the surface waters of the United States.

AA. “Significant noncompliance” means noncompliance with any provision of this chapter that either:

1. Poses or threatens to pose a significant danger to the environment or public health;

2. Has not been abated in a reasonable period of time; or

3. Has recurred.

BB. “Storm water” means storm water runoff, snow melt runoff, and surface water runoff and drainage.

CC. “Threatened illicit discharge” means any condition or activity which does not currently result in an illicit discharge but is nevertheless determined by the city engineer, director of public works or chief building official to be a condition which results in a substantial likelihood of a future illicit discharge.

DD. “Unpolluted discharges” means those discharges whose pollutant load does not detract from, or place limits on, any actual or potential beneficial use of the receiving water. (Ord. 713-2017 § 2 (part), 2017)

16.10.050 Administrative authority.

Except as otherwise provided, the provisions of this chapter shall be administered by the city engineer, director of public works or chief building official. (Ord. 713-2017 § 2 (part), 2017)

16.10.060 Construction and application.

A. This chapter shall be construed in a manner which is consistent with the requirements of the Federal Clean Water Act and acts amendatory thereof, any applicable implementing regulations thereto and any NPDES permit for storm water discharges from the Cloverdale area issued by the State Water Resources Control Board or the North Coast Regional Water Quality Control Board and any amendment, revision or reissuance of the permit.

B. This chapter shall apply to all discharges of storm water and non-storm-water discharges entering the city’s storm drain system generated on any developed and undeveloped lands lying within the city of Cloverdale. (Ord. 713-2017 § 2 (part), 2017)

Article II. Prohibitions

16.10.070 Prohibition of illicit discharges.

Except as provided in Section 16.10.080, illicit discharges to the city storm water system, including non-storm-water discharges, are prohibited. (Ord. 713-2017 § 2 (part), 2017)

16.10.080 Exemptions.

The following discharges are exempt from the prohibition set forth in Section 16.10.070:

A. Any discharge in compliance with a National Pollution Discharge Elimination System (NPDES) permit issued to the city of Cloverdale and administered by the state of California under the authority of the United States Environmental Protection Agency;

B. Discharges from the following activities will not be considered an illicit discharge to the city’s storm water system when properly managed:

1. Flushing of potable water from potable water lines and other discharges from potable water sources;

2. Landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters;

3. Unpolluted ground water infiltration to storm drains;

4. Unpolluted discharges of pumped ground water;

5. Foundation and footing drains;

6. Unpolluted discharges of water from crawl space pumps;

7. Unpolluted discharges of air conditioning condensation water;

8. Springs;

9. Runoff from individual residential (noncommercial) car washing;

10. Flows from riparian habitats and wetlands;

11. Dechlorinated swimming pool discharges;

12. Flows from fire fighting activities;

13. Other flows necessary for implementing BMPs directed or approved by the city’s designated representative. (Ord. 713-2017 § 2 (part), 2017)

16.10.090 Prohibition of illicit connections.

A. It is unlawful to establish, use, maintain or continue unauthorized illicit connections to the city’s storm water system or to a watercourse.

B. It is unlawful to establish, use, maintain or continue illicit connections to the city’s storm water system or to a watercourse which are or may be a source of illicit discharges.

C. It is unlawful to commence or continue any unauthorized and/or illicit discharges to the city’s storm water system. (Ord. 713-2017 § 2 (part), 2017)

16.10.100 Threatened illicit discharge.

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened illicit discharge after having received notice of the city engineer, director of public works or chief building official determination as to the existence of a threatened illicit discharge. (Ord. 713-2017 § 2 (part), 2017)

16.10.110 Discharge in violation of NPDES permit.

Any discharge that would result in, or contribute to, a violation of any NPDES permit for storm water discharges from the Cloverdale area and any amendment, revision, or reissuance of such permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge. (Ord. 713-2017 § 2 (part), 2017)

16.10.120 Other prohibited acts.

No person shall commit, or cause or permit to be committed, any of the following acts:

A. Spill, dump, or dispose of materials other than storm water into the city storm water system, unless the discharge is exempt under Section 16.10.080;

B. Impair, impede or obstruct the natural flow of storm waters or other water running in a defined channel, natural or manmade, or in a culvert, or other component of any storm water drainage system;

C. Deposit any material which would impair, impede or obstruct the natural flow of storm waters or other water running in a defined channel, culvert or drainage system;

D. Alter the surface of the land so as to reduce the capacity or alter the flow characteristics of any defined channel, culvert or drainage system;

E. Perform any other act in violation with a National Pollution Discharge Elimination System (NPDES) permit issued to the city of Cloverdale and administered by the state of California under the authority of the United States Environmental Protection Agency;

F. Commit any act that impairs or impedes lawful access to, or maintenance of, any portion of any publicly owned or operated drainage system;

G. Install new landscaping or substantially alter existing landscaping that impairs, impedes or obstructs the natural flow of storm waters or impedes lawful access to, or maintenance of, any portion of any publicly owned or operated drainage system. (Ord. 713-2017 § 2 (part), 2017)

Article III. Regulations and Requirements

16.10.130 Authorization to adopt and impose best management practices.

The city may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the city’s MS4, or waters of the U.S. (Ord. 713-2017 § 2 (part), 2017)

16.10.140 Driveway culverts.

Driveway and private street culverts shall not cause a restriction of the flow of any adjoining street drainage system. The owners of property for which an appurtenant driveway or private street culvert causes, or contributes to, a restriction in flow of the adjoining street’s drainage system shall, at their expense, maintain, clean or enlarge the existing culvert to the extent necessary to remove the restriction. (Ord. 713-2017 § 2 (part), 2017)

16.10.150 Private drainage systems—Maintenance.

A. Owners of private property, developed or undeveloped, on which storm waters originate or traverse shall maintain the defined channel, culvert and/or drainage system on their property, at their own expense, so as not to impair, impede or obstruct the natural flow of storm waters or other water running in a defined channel, culvert or drainage system.

B. Owners of private property on which low impact development (LID) BMP facilities have been constructed shall maintain the BMP facilities, at their own expense, so as to ensure design function and storm water retention capacity. (Ord. 713-2017 § 2 (part), 2017)

16.10.160 Landscaping and irrigation.

Except as provided in subsection D of this section, the following projects are subject to landscaping and irrigation requirements of this chapter:

A. New Projects. New nonresidential projects, multifamily residential projects, and single-family residential projects shall provide landscaping in compliance with the requirements of this chapter.

B. Existing Development. The approval of any permit for physical alterations and/or changes in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter. When landscaping is required, the landscape and irrigation improvements shall be installed prior to final building inspection.

C. Alternatives to Requirements. Modifications to the standards of this chapter may be approved by the appropriate authority to accommodate alternatives to required landscape materials or methods, where it is first determined that the proposed alternative will be equally effective in achieving the intent of this chapter.

D. Exemptions. These requirements shall not apply to the following projects:

1. Projects that have a completed application for a building or grading permit, or design review on file prior to February 14, 2015.

2. Registered local, state, or federal historical landscape area.

3. Ecological restoration projects that do not require a permanent irrigation system.

4. Plant collections, as part of botanical gardens and arboretums open to the public.

5. New accessory dwelling units.

6. Accessory structure. (Ord. 714-2017 § 4 (Exh. B), 2017; Ord. 713-2017 § 2 (part), 2017)

16.10.170 Reduction of pollutants in storm water.

A. Activities Resulting in Discharge of Pollutants. Any person engaging in activities which may result in pollutants entering the city’s storm water system shall undertake all measures to prevent, reduce and/or eliminate such pollutants to the maximum extent practicable. All activities that do actually, or may potentially, result in the deposit of pollutants in or on the city’s storm water system, in any tributary of this system, and all land which drains to either this system or any of its tributaries shall be construed as activities which may result in pollutants entering the city’s storm water system. Examples of such activities include, but are not limited to, ownership and use of premises which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling units.

B. Pollutants and Littering. In addition to the prohibitions of Article II and this section, no person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm water system or upon any public or private plot of land in the city so that the same might become a pollutant, except in lawfully established waste disposal facilities.

C. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant the owner or proprietor, of any real property in the city in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

D. Construction Activities. Any construction contractor performing work in the city shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm water system.

E. Bodies of Water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water in a park or elsewhere within the city.

F. Standard for Parking Lots, Paved Areas, and Related Storm Water Systems. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm water system.

G. Industrial and Construction Activity Compliance with General Permits. The city has authority to control the contribution of pollutants to the MS4 by storm water discharges associated with industrial and construction activity and the quality of storm water discharged from the sites of industrial and construction activity. Each discharger associated with industrial activity, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with, and undertake all activities, conditions and BMPs required by any general storm water permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general storm water permit to the city engineer or director of public works, and shall pay any associated monitoring and enforcement fees to the city that may be set by the city council. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities, conditions and BMPs required by such permit.

H. Compliance with Best Management Practices. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any state of California agency, any San Francisco Bay area agency, or the city for any activity, operation or facility which may cause or contribute to illicit discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement.

I. Storm Water Pollution Prevention Plan. The city engineer or director of public works may require any business in the city that is engaged in activities which may result in illicit discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

J. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business subject to the Hazardous Materials Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include in that plan provision(s) for compliance with this article, including the prohibitions on non-storm-water discharges and the requirement to reduce the release of pollutants to the maximum extent practicable.

K. Landscaping. The city may adopt requirements identifying BMPs for landscaping. In addition to Section 16.10.160, the city engineer, director of public works or chief building official may require any property owner who has proposed new landscaping or changes to existing landscaping to design and construct landscaping in accordance with the BMPs as adopted by the city of Cloverdale. (Ord. 713-2017 § 2 (part), 2017)

16.10.180 Permit—Application—Issuance—Term—Inspection.

A. The written permits required by this article are:

1. Encroachment permits issued by the city engineer or director of public works for work on public property or public easements; and/or

2. Grading permits issued by the city engineer or director of public works for work done on public easements, public property and certain private property or the chief building official for work done on private property.

B. The required permits may be issued for any lawful use, subject to the conditions set forth in this article and the permits. The issuance of a permit shall not imply or impute any responsibility of or liability to the city for any injuries to persons or damages to property resulting from any act or work regulated by this article.

C. Applications for permits shall be in writing and shall provide the appropriate city engineer, director of public works or chief building official with such information as requested and required in order that all engineering and other technical information may be available to the city engineer, director of public works or chief building official as may be necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The city engineer, director of public works or chief building official may require the applicant to submit soil investigations, tests of material, engineering plans and investigations and technical reports as he or she deems necessary and proper.

1. The application shall be accomplished by the executed written consent and a release and waiver of liability as to, and as approved by, the city, executed by all persons whose property would be affected in any manner by the act(s) or work to be performed.

D. In issuing a permit, the appropriate city engineer, director of public works or chief building official may impose conditions reasonably necessary to safeguard the performance of the work and other properties which may be affected. A permit may be issued for any term up to one year. The original term may be extended by the city for a period not to exceed the length of the original term, upon the filing of a written application therefor prior to the permit’s expiration, if good cause is shown.

E. No permittee shall be deemed to have complied with this article until a final inspection of the work has been made by the issuing city engineer, director of public works, chief building official or their designee and a report made in writing by the city engineer, director of public works or chief building official that the work appears to have been completed in accordance with the permit. Unsatisfactory work shall be corrected or reconstructed by the permittee, and should the issuing city official determine the work is unsatisfactory due to lack of diligence or a willful act on the part of the permittee, that official may apply to the city council for permission to contract with any licensed general contractor for the construction or completion of the act or work in conformance with the permit approval, or for the removal of the work, or portion thereof, which is nonconforming to the permit, and the cost thereof may be charged to the permittee upon the order of the city council. (Ord. 713-2017 § 2 (part), 2017)

16.10.190 Permit—Transferability.

No permit issued under this article may be transferred or assigned to another person or entity without the prior written consent of the city. The city may condition any consent it gives. (Ord. 713-2017 § 2 (part), 2017)

16.10.200 Emergency work.

This article shall not prevent any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, channel, ditch, conduit or natural storm water drainage system as may be necessary and proper for the preservation of life or property when an urgent necessity therefor arises. Any person performing such emergency work shall notify the department of public works as soon as possible of performance of such work and he or she shall apply for a written permit for such work within ten calendar days of the beginning of the work. (Ord. 713-2017 § 2 (part), 2017)

16.10.210 New development and redevelopment projects.

A. The city has authority to implement planning and land development requirements for private and public new development and redevelopment projects, including but not limited to controlling pollutant loadings from impervious surfaces such as rooftops, parking lots, and roadways through the use of properly designed, technically appropriate BMPs (including source control BMPs such as trash enclosures, good housekeeping practices), LID strategies, and treatment control BMPs.

B. All new private development and redevelopment projects creating or replacing ten thousand square feet or more of impervious surface must implement post-construction BMPs.

C. All new private development and redevelopment projects subject to post-construction BMP requirements shall provide verification of maintenance provisions for LID BMPs, treatment control BMPs, and hydromodification control BMPs by way of a legally binding maintenance declaration, which shall be recorded to the title deed and run with the land. The BMP maintenance declaration shall ensure that the BMPs remain fully functional and that all areas identified for treatment will discharge to the treatment BMP system. Verification at a minimum shall include the developer’s recorded maintenance declaration accepting responsibility for maintenance until the responsibility is legally transferred to a public entity, property owner, homeowners’ association, or other entity designated to take over permanent responsibility for BMP maintenance. (Ord. 713-2017 § 2 (part), 2017)

16.10.220 Predischarge facility.

When source reduction BMPs are, in the opinion of the city engineer, director of public works or chief building official, inadequate to prevent actual or potential prohibited discharges from a commercial facility to the city’s storm water system, the city engineer or director of public works may require that the owner of the commercial facility shall provide, at the owner’s expense, such predischarge facilities as may be necessary to reduce the pollutant load at a point prior to discharge from said facility or to any element of the city’s storm water system. The city engineer or director of public works may further require that the owner of the commercial facility, at the owner’s expense, provide a monitoring access hole so that the pollutant loading may be periodically measured. Examples of predischarge facilities are oil/grease interceptors and sand/silt interceptors. Plans, specifications, and other pertinent factors related to the aforementioned predischarge facilities shall be submitted to the city for approval by the city engineer or director of public works. Construction of the proposed facilities shall not commence until the city engineer or director of public works approval is obtained in writing and use of the facilities shall not commence until the completed facilities are approved in writing by the city engineer or director of public works. Such facilities, once approved, shall be continuously maintained in satisfactory operating condition to the satisfaction of the city engineer or director of public works. (Ord. 713-2017 § 2 (part), 2017)

Article IV. Inspection, Monitoring, and Notification

16.10.230 Authority to inspect, sample, and monitor.

A. The city engineer, director of public works or chief building official has authority to carry out, or cause to be carried out, inspections, surveillance and monitoring procedures of any act or work being done pursuant to a permit, to determine compliance and noncompliance with permit conditions, including the prohibition on illicit discharges to the city storm water system. In the event that the city determines that a facility or site operator has failed to adequately implement all necessary BMPs, the city shall take progressive enforcement actions which, at a minimum, shall include a follow-up inspection and/or investigation.

B. Routine or area inspections by the city shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this article, including, but not limited to, random sampling and/or sampling in areas where there is evidence of storm water contamination, discharge of non-storm-water to the storm water system, or similar activities. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as Cloverdale fire district or the Sonoma County department of health services. (Ord. 713-2017 § 2 (part), 2017)

16.20.240 Inspection of BMPs.

The city engineer, director of public works, chief building official, or other authorized city employee has authority to:

A. Inspect and ensure that all BMPs are properly operated and maintained.

B. Inspect and ensure that all LID BMPs are implemented consistent with the most recent version of the Storm Water Low Impact Development Technical Design Manual.

C. Inspect all applicable development sites to ensure proper installation, maintenance, and operation of all post-construction BMPs. (Ord. 713-2017 § 2 (part), 2017)

16.10.250 Authority to sample and establish sampling devices.

With the consent of the owner or the occupant of property or pursuant to a search or inspection warrant, any authorized city employee may take such samples and meter such discharges as the city engineer or director of public works deems necessary to determine whether an illicit or non-storm-water discharge has taken place or is taking place and to determine the magnitude of such discharges. Such city employee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the city engineer or director of public works may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site. (Ord. 713-2017 § 2 (part), 2017)

16.10.260 Requirement to test or monitor.

Any authorized city employee may require that any person engaged in any activity, or owning or operating any commercial facility, which may cause or contribute to illicit discharges undertake such monitoring activities and/or analysis and furnish such reports as the authorized employee may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring and/or analysis and reports and the benefits to be obtained. The recipient of such a requirement shall undertake and provide the monitoring, analysis and reports required. (Ord. 713-2017 § 2 (part), 2017)

16.10.270 Enforcement, generally.

A. The city has authority to utilize progressive enforcement measures to ensure that (1) regulated industrial/commercial facilities, (2) construction sites, (3) development and redevelopment sites with post-construction BMP requirements, and (4) illicit discharges/illicit connections are brought into compliance with all storm water and non-storm-water requirements within a reasonable time period.

B. In the event that the city engineer, director of public works, or chief building official determines that a facility or site operator has failed to adequately implement BMPs after a follow-up inspection, the city shall take enforcement action as established through this article and the city municipal code through the judicial system to bring the facility or site into compliance, or refer the case to the Regional Water Board. (Ord. 713-2017 § 2 (part), 2017)

16.10.280 Training of employees—Notification of spills.

A. The owner of a commercial facility or the persons responsible for emergency response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures to assure:

1. Immediate notification is provided to the city department of public works of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city storm water system;

2. Immediate notification is given to the “911” emergency response system if said discharge poses an immediate threat to the public health or safety and/or the environment;

3. Written notification is provided to the city engineer or director of public works within five working days.

B. Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non-storm-water discharge or of any pollutant that threatens to enter the city’s storm water system are immediately recognized and that appropriate response is taken in the event of such release.

C. As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of a non-storm-water discharge entering, or of any pollutant that is threatening to enter, the city storm water system from such facility, such person shall take all necessary steps to ensure the early discovery and containment and clean up such release and shall immediately notify the city department of public works. In addition, written notification shall be given to the city engineer or director of public works within five working days. This written notification shall contain as a minimum a narrative describing the circumstances resulting in the release, or threatened release, the effort taken to clean up the release and the measures being taken to prevent reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications. (Ord. 713-2017 § 2 (part), 2017)

16.10.290 Order to cease and desist.

A. When the city engineer, director of public works or chief building official finds that an illicit discharge from a commercial facility is taking place, or is threatening to take place, in violation of the prohibitions of this chapter or any other discharge control requirements, the city engineer or director of public works may issue a written order to cease and desist and may direct the discharger to:

1. Comply forthwith with the order and to cease those operations which result or threaten to result in discharges which violate any prohibition or limit of this article until such time as the city engineer or director of public works states in writing that he or she is satisfied that BMPs which will remove the threat are in place;

2. Comply with the order in accordance with a time schedule set by the city engineer or director of public works; or

3. In the event of a threatened violation take appropriate remedial or preventive action.

B. Require That the Discharger Submit a Schedule of Remedial or Preventive Action. When the city engineer, director of public works or chief building official finds that the discharge from a commercial facility is taking place, or is threatening to take place, in violation of the prohibitions of this article or any other discharge control requirements, the city engineer or director of public works may issue an order to cease and desist and may direct the discharger to submit for her or his approval a detailed time schedule of specific remedial actions the discharger shall take to correct or prevent the violation of such prohibitions and requirements. (Ord. 713-2017 § 2 (part), 2017)

16.10.300 Violations constituting misdemeanors.

The violation of any provision of this article, or the failure to comply with any of the mandatory requirements of this article, shall constitute a misdemeanor. (Ord. 713-2017 § 2 (part), 2017)

16.10.310 Violation—Owner to abate.

In addition to any other penalties or remedies provided by this article or by other law(s), the city engineer, director of public works or chief building official may serve personally, or by certified mail, upon the owner of the property on which a violation of this article occurs, at the address of the property owner as it appears on the last equalized county assessment roll, a notice to abate the violation within ten days after receipt of notice, and that if the owner fails to abate the violation within the time period, the city engineer, director of public works or chief building official will cause the abatement thereof and that the cost of abatement may be charged to the property and to the owner thereof. If any such charge is not paid within sixty days of its billing to the property owner by the city, the amount of such charge may be placed as a lien on the property upon which the violation occurred and shall be collected in the manner fixed by law for the collection of special assessments; alternatively, the city may, at its option, recover the same in a civil action against the property and/or other person(s) responsible for the violation. (Ord. 713-2017 § 2 (part), 2017)

16.10.320 Violation—Emergency abatement.

If the city engineer, director of public works or chief building official finds that a violation of this article has created an emergency condition seriously endangering the public health or safety, the city engineer or director of public works may, with the approval of the city manager, abate the condition without the written notice required by Section 16.10.310. The cost of such abatement will be charged to the owner of the property on which the violation occurs and/or any other person responsible for the violation and the city may, at its option, recover such costs in a civil action. (Ord. 713-2017 § 2 (part), 2017)

16.10.330 Violation—Additional actions, fines and remedies.

A. Any non-storm-water discharger found to be in significant noncompliance as defined in this chapter in any calendar year may have its name published in the largest daily newspaper published in the North Bay area.

B. Any person who violates any order issued by the city engineer, director of public works or chief building official for violation of the provisions of this article regulating or prohibiting discharge of non-storm-water and which causes, or threatens to cause, non-storm-waters to enter the city’s storm water system may be liable civilly in a sum not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Cloverdale area.

C. Any person who violates the provisions of this chapter and which causes, or threatens to cause, pollutants or non-storm-waters to enter the city’s storm water system shall be subject to a fine at least as much as the cost for corrective action(s). (Ord. 713-2017 § 2 (part), 2017)

16.10.340 Fine for falsification of data.

Any person who submits a report required by this chapter which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Cloverdale area. (Ord. 713-2017 § 2 (part), 2017)

16.10.350 Continuing violation.

Every day or any portion thereof any violation of this article continues shall constitute a separate offense. (Ord. 713-2017 § 2 (part), 2017)

16.10.360 Concealment.

Concealing, aiding, or abetting a violation of any provision of this article shall constitute a violation of such provision. (Ord. 713-2017 § 2 (part), 2017)

16.10.370 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this article or who violates any cease and desist order or prohibition may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanction of those Acts including civil and criminal penalties. Any enforcement actions authorized under this article may also include notice to the violator of such potential liability. (Ord. 713-2017 § 2 (part), 2017)

16.10.380 Referral of violations of the industrial and construction general permits.

The city engineer, director of public works or chief building official may escalate referral of violations of the NPDES storm water permits for industrial activity and construction activity to the Regional Water Board after one inspection and one notice of violation or directly after inspection if circumstances warrant joint authority enforcement. (Ord. 713-2017 § 2 (part), 2017)

16.10.390 Violations deemed a public nuisance.

In addition to the penalties provided herein, the city council finds and determines that any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to the public health, safety and welfare, is declared to be a nuisance and may be abated as such. (Ord. 713-2017 § 2 (part), 2017)

16.10.400 Civil actions.

In addition to any other remedies provided in this article, any violation of this article may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following:

A. A temporary restraining order, preliminary and permanent injunction;

B. Reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this article;

C. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;

D. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages recovered under this section shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control system(s) and implementing or enforcing the provisions of this article. (Ord. 713-2017 § 2 (part), 2017)

16.10.410 Remedies not exclusive.

The remedies identified in this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive. (Ord. 713-2017 § 2 (part), 2017)

16.10.420 Dispute—Request for ruling.

If any discharger disputes an interpretation or application of this article, the discharger may request in writing a ruling by the city engineer on the matter. The city engineer will set forth his or her determination(s) in writing. (Ord. 713-2017 § 2 (part), 2017)

16.10.430 Appeals.

If the discharger is dissatisfied with the determinations made by the city under Section 16.10.310, the discharger may, within thirty days after receipt of the ruling by the city engineer, appeal the ruling to the city council by filing a written notice of appeal with the city clerk. The notice shall state each basis and the grounds for the appeal. The city council shall make a final determination of the issue(s) so submitted. (Ord. 713-2017 § 2 (part), 2017)