Chapter 8.50 STORM WATER QUALITY AND URBAN RUNOFF CONTROL

This chapter implements the federal Water Pollution Control Act (the “Clean Water Act” or “CWA”), 33 U.S.C. 1251 through 1387, and the California Porter-Cologne Water Quality Control Act by prohibiting the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) required by CWA Section 402, 33 U.S.C. 1342, and prohibits non-storm water discharges into the municipal separate storm sewer system (“MS4”).

The purpose of this chapter is to protect the health, safety and general welfare of the citizens of the city by:

A. Regulating non-storm water discharge to the municipal storm water system;

B. Providing for the control of spillage, dumping, or disposal of materials into the municipal storm water system;

C. Reducing pollutants in storm water and urban runoff to the maximum extent practicable. (Ord. 15-2038 § 1, 2015.)

8.50.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in any applicable permit issued by the Regional Water Board, as appropriate, as such permits may be amended from time to time.

“Act” or “Clean Water Act (CWA)” means the federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

“Adverse impact” means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants to the storm drain system or to receiving waters.

“Authorized discharge” means any discharge that is authorized pursuant to an NPDES permit or meets the conditions set forth in this chapter.

“Automotive service facility” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) Codes. Facilities with SIC Codes 5013, 5014, 5541, 5511 need not be inspected; provided, that these facilities have no outside activities or materials that may be exposed to storm water.

“Basin Plan” means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994, and subsequent amendments thereto.

“Beneficial uses” means existing or potential uses of receiving waters in the permit area as designated by the Regional Board in the Basin Plan.

“Best management practices (BMPs)” means schedule of activities, prohibitions of practices, maintenance procedures, physical devices, systems and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States and to prevent or reduce the pollution of waters of the United States.

“Biofiltration” means a LID BMP that reduces storm water pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term “biofiltration” as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board’s Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.

“Bioretention” means a LID BMP that reduces storm water runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the municipal NPDES permit as biofiltration (modified from: Order No. R4-2012-0175).

“Bioswale” means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect storm water runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.

“CASQA” means California Stormwater Quality Association.

“City” means the city of Covina, California.

“Clean Water Act (Act)” means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

“Commercial development” means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

“Commercial malls” means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

“Construction activity” includes any construction or demolition activity, clearing, grading, grubbing, or excavation, or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.

“Control” means to minimize, reduce or eliminate by technological, legal, contractual, or other means the discharge of pollutants from an activity or activities.

“Dechlorinated/debrominated swimming pool/spa discharges” means discharges from swimming pools/spas and does not include swimming pool/spa filter backwash or swimming pool/spa water containing bacteria, detergents, wastes, or algaecides, or any other chemicals including salts from salt water pools.

“Development” means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

“Directly adjacent” means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.

“Director” means the director of public works of the city and his or her authorized deputy, agent, representative or inspector.

“Discharge” means any release, spill, leak, disposal, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping, discard or placement, either directly or indirectly, of any substance into or from the storm drain system, including, but not limited to, storm water, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance.

“Discharger” means a person who discharges or causes, facilitates, or allows a discharge.

“Disturbed area” means an area that is altered as a result of clearing, grading, and/or excavation.

“Drinking water supplier distribution system releases” means sources of flows from drinking water supplier storage, supply and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor noninvasive well maintenance activities not involving chemical addition(s) where otherwise regulated by NPDES Permit No. CAG674001, NPDES Permit No. CAG994005, or another separate NPDES permit.

“Essential nonemergency fire fighting activities” means firefighting activities, which simulate emergency responses, and routine maintenance and testing activities necessary for the protection of life and property, including building fire suppression system maintenance and testing (e.g., sprinkler line flushing) and fire hydrant testing and maintenance. Discharges from vehicle washing are not considered essential and as such are not conditionally exempt.

“Flow-through BMPs” means modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

“General construction permit” means the general NPDES permit adopted by the State Water Resources Control Board which authorizes the discharge of storm water from construction activities under certain conditions.

“General industrial permit” means the general NPDES permit adopted by the State Water Resources Control Board which authorizes the discharge of storm water from industrial activities under certain conditions.

“Good housekeeping practice” means a best management practice related to the transfer, storage, use, or cleanup of materials which when performed in a regular manner minimizes the discharge or potential discharge of pollutants to the storm drain system and/or receiving waters.

“Green roof” means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.

“Hazardous material” means any material defined as hazardous by Chapter 6.95 of Division 20 of the California Health and Safety Code or any substance designated pursuant to 40 CFR Part 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

“Hazardous waste” means a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

“Hillside” means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes.

“Illicit connection” means either of the following:

1. Any drain or conveyance whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the director.

“Illicit discharge” means any discharge to the MS4 or from the MS4 into a receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term includes all non-storm water discharges not composed entirely of storm water and discharges that are identified under the discharge prohibitions section of the permit.

“Impervious surface” means any manmade or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

“Industrial and/or commercial facility” means any facility involved or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility involved or used in providing professional and nonprofession services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications or the North American Industry Classification System. Facility ownership and profit motive are not factors in this definition.

“Low impact development (LID)” consists of building and landscape features designed to retain or filter storm water runoff.

“MS4 or municipal separate storm sewer system” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains which are: (1) owned or operated by the state, city or other public body created by or pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, storm water or other wastes; (2) designed or used for collecting or conveying storm water; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works (POTW) as defined by 40 CFR 122.2.

“Municipal NPDES permit” means the “Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except Those Discharges Originating from the City of Long Beach MS4” (Order No. R4-2012-0175, NPDES No. CAS004001), issued on November 8, 2012, by the Los Angeles Regional Water Quality Control Board, and any amendments or successor permit to that permit.

“National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405. The term includes an “approved program.”

“National Pollutant Discharge Elimination System (NPDES) permit” means a general, group, or individual permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Act that authorizes discharges to waters of the United States.

“Natural drainage system” means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.

“New development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

“Non-storm water discharge” means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water.

“Parking lot” means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces.

“Permit” means the Waste Discharge Requirements for Municipal Separate Storm Sewer Systems within the Coastal Watersheds of Los Angeles County (Order No. R4-2012-0175) and the National Pollutant Discharge Elimination System Permit No. CAS004001, including any amendments thereto or successor permit, issued by the Regional Water Board.

“Person” means any individual as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

“Planning priority projects” means development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s). Planning priority projects are further defined in CMC 8.50.120.

“Pollutant” shall have the same meaning as set forth in Section 502(6) of the Act or as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to, the following:

1. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge);

2. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium and arsenic) and nonmetals (such as carbon, chlorine, fluorine, phosphorous and sulfur);

3. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

4. Eroded soils, sediment, and particulate materials in amounts which may adversely affect any beneficial use of the receiving waters, flora, or fauna of the state;

5. Animal wastes (such as discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

6. Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine;

7. Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state; and

8. Anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water.

“Pollutants of concern,” when discharged from a drinking water supplier’s distribution system, may include trash and debris, including organic matter, total suspended solids (TSS), residual chlorine, pH, and any pollutant for which there is a water quality-based effluent limitation applicable to discharges from the MS4 to the receiving water.

“Project” means all development, redevelopment and land disturbing activities. The term is not limited to “project” as defined under CEQA (Pub. Res. Code § 21065).

“Qualified SWPPP developer” means an individual meeting the registration or certification requirements set forth in the general construction permit.

“Rainfall harvest and use” means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the director.

“Receiving water” means a “water of the United States” into which waste and/or pollutants are or may be discharged.

“Redevelopment” means land disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health, safety or welfare.

“Regional Water Board” means the Los Angeles Regional Water Quality Control Board.

“Restaurant” means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption (SIC Code 5812).

“Retail gasoline outlet” means any facility engaged in selling gasoline and lubricating oils.

Routine Maintenance. “Routine maintenance” projects include, but are not limited to, projects conducted to:

1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

5. Repair leaks.

Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.

* Update existing lines includes replacing existing lines with new materials or pipes.

** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Source: Order No. R4-2012-0175).

“Runoff” means any runoff, including storm water and dry weather flows, that reaches a receiving water body or subsurface.

“Sidewalk rinsing or washing” means pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and properly disposing of all debris collected, as authorized under Regional Water Board Resolution No. 98-08.

“Standard Industrial Classification (SIC)” means a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Officer of the President of the United States, Office of Management and Budget, and as the same may be periodically revised.

“State Water Board” means the State Water Resources Control Board.

Storm Drain System. See “MS4 or municipal separate storm sewer system.”

“Storm water” means storm water runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

“Storm water pollution prevention plan (SWPPP)” means a plan, as required by a general construction or industrial permit, identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-storm water discharges and reduce pollutants in storm water discharges during activities covered by the general permit.

Storm Water Quality Design Volume (SWQDv). See definition in CMC 8.50.120(E).

“Storm water runoff” means storm water which travels across any surface to the storm drain system or receiving waters.

“Structural BMP” means any structural facility designed and constructed to mitigate the adverse impacts of storm water and runoff pollution. The category may include both treatment control BMPs and source control BMPs.

“SUSMP” means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.

“Treatment control BMP” means any engineered system designed to remove pollutants by gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

“Urban runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

“Water quality standards” means those water quality standards and/or water quality objectives adopted by either the State Board and/or U.S. EPA for the Los Angeles region.

“Waters of the state” means any surface water or ground water, including saline waters, within the boundaries of the state. (Ord. 15-2038 § 1, 2015.)

8.50.030 Illicit discharges.

A. Except as otherwise conditionally authorized by the permit or any other NPDES permit, and subject to any requirements specified by the director, no person shall:

1. Discharge non-storm water to the city’s MS4 or to receiving waters except in compliance with the requirements of this chapter;

2. Cause, allow or facilitate any prohibited discharge;

3. Discharge, cause, allow or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code Section 13050 that may cause, threaten to cause or contribute to an exceedance of any water quality standard in Statewide Water Quality Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of any receiving water limitation.

B. Notwithstanding subsection (A) of this section, discharges from the following activities are conditionally exempt from the non-storm water discharge prohibition, provided they are not a source of pollutants to the storm drain system and to receiving waters when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this chapter:

1. Authorized non-storm water discharges from emergency fire-fighting activities (i.e., flows necessary for the protection of life or property);

2. Landscape irrigation;

3. Uncontaminated foundation and footing drains;

4. Uncontaminated water from crawl space pumps;

5. Air conditioning condensation;

6. Uncontaminated nonindustrial roof drains;

7. Natural springs;

8. Individual residential and occasional non-commercial car washing;

9. Dechlorinated/debrominated swimming pool/spa discharges not including swimming pool/spa filter backwash, bacteria, detergents, wastes, or algaecides, or any other chemicals such as salts in excess of applicable water quality standards; and

10. Street and sidewalk wash waters resulting only from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of area.

C. The following categories of non-storm water discharges are conditionally exempt from the non-storm water discharge prohibition, provided they meet all required conditions specified below:

1. Discharges from essential nonemergency fire-fighting activities provided appropriate BMPs specified in the permit;

2. Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit provided appropriate BMPs as specified in the permit. Additionally a drinking water supplier must: (1) provide notification to the city of Covina’s public works director 72 hours prior all planned discharges greater than 100,000 gallons and as soon as possible after an unplanned discharge; (2) monitor for any pollutants of concern in the drinking water supplier distribution system release; and (3) provide record keeping.

D. The director may limit or prohibit any discharge which is conditionally authorized by subsections (B) and (C) of this section and the permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment. Any conditionally authorized discharge must comply with all terms and conditions required by the city, state or Regional Water Board.

E. The director may require any person to obtain a permit from the city before discharging, or causing, allowing, or facilitating any discharge, to the MS4. It is unlawful to discharge, cause, allow, or facilitate any discharge to the MS4 in violation of any permit so required. (Ord. 15-2038 § 1, 2015.)

8.50.040 Illicit connections.

A. No person shall:

1. Construct, maintain, operate and/or utilize any illicit connection to the city’s MS4.

2. Act, cause, permit or suffer any agent, employee, or independent contractor to construct, maintain, operate or utilize any illicit connection. (Ord. 15-2038 § 1, 2015.)

8.50.050 Waste disposal.

A. Generally. Except when deposited into containers or in lawfully established dumping areas, no person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept any refuse, rubbish, food waste, garbage, hazardous materials or any other discarded or abandoned objects, articles or accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facilities. No person shall dispose of hazardous wastes into trash containers used for municipal trash disposal so as to cause a discharge into the municipal separate storm sewer system.

B. Sidewalks. Each person responsible for any real property adjacent to a paved sidewalk shall maintain said sidewalk free of dirt or litter. Sweepings from sidewalks shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on such real property as required for garbage disposal.

C. Animal Waste. Each person responsible for any animal shall promptly pick up animal waste and properly dispose of it in a trash receptacle.

D. Landscape Debris. No person shall intentionally cause leaves, dirt, or other debris to be deposited in or upon any street, alley, sidewalk, parkway, or other public right-of-way. (Ord. 15-2038 § 1, 2015.)

8.50.060 BMPs and permits authorized and required.

A. Each owner, operator, or person in charge of day-to-day activities of any site that may discharge any pollutant to the city’s MS4 shall obtain any permit and implement those control measures and BMPs as the director may require. Properties with a high potential threat of discharge may be required to implement a monitoring program that meets standards as determined necessary by the city.

B. The director may require any person responsible for any industrial or commercial facility or new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, storm water pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any NPDES permit.

C. The director may require any person responsible for any industrial or commercial facility or new or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the county recorder’s office.

D. The following BMPs are hereby required:

1. No vehicle, machinery, device or storage container shall be allowed to leak, spill or discharge in any manner oil, grease, coolant, or other hazardous material onto any street, alley, road, parking area, or surface in the city whereon such pollutants or hazardous materials can or may be conveyed into the MS4 or any receiving water by storm water or non-storm water runoff.

2. Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to storm water runoff or stored so that they may leak into the MS4.

3. Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills or small discharges. Any absorbent material used to contain such leaks, spills or discharges shall be properly disposed of.

4. Machinery and equipment, including motor vehicles, which are leaking oil or fluid must be repaired.

5. The uncovered outdoor storage of unsealed containers containing grease, oil, or other hazardous substances is prohibited in areas susceptible to runoff.

6. The discharge of wash waters into the MS4 from the cleaning or washing of gas stations, automotive repair facilities and other types of automotive service facilities is prohibited.

7. The discharge of wastewater into the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning and other such mobile commercial and industrial operations is prohibited.

8. The discharge of wastewater from the washing of toxic material from paved or unpaved areas or the washing out of concrete trucks or concrete or cement-laden pumps, tools, and equipment into the MS4 is prohibited.

9. The discharge into the MS4 of wastewater from the washing of impervious surfaces in industrial/commercial areas is prohibited.

10. Commercial/industrial parking lots with more than 25 parking spaces, or fewer than 25 spaces if required by the city, located in areas potentially exposed to storm water shall be kept clear of debris and excessive oil buildup and cleaned no less than two times per month and/or inspected no less than two times per month to determine if cleaning is necessary. In no case shall a parking lot be cleaned less than once a month.

11. The discharge of chlorinated/brominated swimming pool water and filter backwash into the MS4 is prohibited.

12. In areas exposed to storm water, the use of best management practices (including but not limited to the practices set forth in subsections (D)(1) through (11) of this section) and/or removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other materials which have potential adverse impacts on water quality shall be required. Treatment control best management practices must be properly operated and maintained to prevent the breeding of vectors.

13. Dumping or disposal of the following materials into the MS4 system is prohibited: construction debris; any state or federally banned or unregistered pesticides; food and food processing wastes; and fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality. (Ord. 15-2038 § 1, 2015.)

8.50.070 Monitoring, information collection, and reporting.

A. The director may require any person discharging or causing, allowing, or facilitating a discharge to the MS4 or receiving waters to take any or all of the following actions, at that person’s cost:

1. To submit information necessary to comply with the general permit or to confirm that person’s compliance with this chapter;

2. To monitor discharges and submit reports of discharge activities;

3. To maintain records of monitoring and discharging; and

4. To take any other action necessary to comply with the permit or this chapter. (Ord. 15-2038 § 1, 2015.)

8.50.080 Notification of discharge.

A. Notwithstanding any other requirement of law, any known or suspected release of materials, pollutants or waste, which may result in pollutants or non-storm water discharges entering storm water, the storm drain system or waters of the state or United States, shall be reported immediately in the following manner by any person in charge of a premises or responsible for the premises’ emergency response:

1. The release of a hazardous material shall be immediately reported to emergency services by emergency dispatch services (911).

2. The release of a nonhazardous material shall be reported as follows:

a. To the director and to the 24-hour storm water hotline by phone no later than 5:00 p.m. on the same business day, Monday through Thursday;

b. If the release occurs after 5:00 p.m. Monday through Thursday, on a Friday, weekend or holiday, to the 24-hour storm water hotline on the same day and to the director by telephone on the next business day;

c. A written notification of the release shall also be made to the director within five business days of the release. A copy of the written notice shall be retained at the premises for at least three years.

B. In addition to the above requirements, the release of any hazardous materials or substances, sewage, oil, or petroleum to any waters of the state, or discharged or deposited where it is or probably will be discharged in or on any waters of the state, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code. (Ord. 15-2038 § 1, 2015.)

8.50.090 Right to enter, inspect, monitor and sample.

A. Right to Inspect. The director shall have the authority to make an inspection to enforce the provisions of this chapter, and to ascertain whether the purposes of this chapter are being met.

B. Entry to Inspect. The director may enter both public and private property to investigate the source or potential source of any discharge of a pollutant to any public street, inlet, gutter, storm drain or the MS4 located within the jurisdiction of the city.

C. Compliance Assessments. The director may inspect property for the purpose of verifying compliance with this chapter.

D. Portable Equipment. For purposes of verifying compliance with this chapter, the director may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

E. Records Review. When required by the director, by this chapter, or by any law or regulation, maintenance records must be kept on site and remain available for inspection. Failure to keep records on site and available for inspection shall constitute a violation of this chapter. The director may inspect, review and copy all records relating to any discharge to the MS4 or receiving waters.

F. Sample and Test. The director may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any contained contents) and treatment system discharge for the purpose of determining the potential for the discharge of pollutants to the storm water drainage system. The director may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the private property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The director may take photographs or videotapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the property.

G. Monitoring. The director may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the MS4.

H. Interference with Inspector Prohibited. No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the director into any building, factory, plant, yard, construction project or other place or portions thereof in the performance of the duties conferred by law.

I. Cost Recovery. If an inspection pursuant to this section results in an enforcement action, the city may issue an invoice of costs and/or recover its inspection costs pursuant to CMC 8.50.150(G). (Ord. 15-2038 § 1, 2015.)

8.50.100 Construction sites requiring a building permit and/or a grading plan.

A. Generally. In addition to any other requirements set forth in this chapter, prior to obtaining a grading or building permit, each operator of any construction activity shall submit evidence to the director that all applicable permits have been obtained, including but not limited to the State Water Board’s Construction Permit and State Water Board 401 Water Quality Certification. Each operator of any construction activity shall implement such an erosion and sediment control plan and BMPs required by the director to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. A SWPPP prepared in accordance with the general construction permit may be substituted for an erosion and sediment control plan. All construction and grading activities shall comply with applicable laws and regulatory documents, including all applicable city ordinances and the city’s permit regulating discharges into and from the storm drain system.

B. Erosion and Sediment Control Plan Required. In addition to any other requirements set forth in this chapter, prior to obtaining a grading or building permit, each operator of any construction site of less than one acre shall cause to be prepared and submitted to the city an erosion and sediment control plan. No operator of any construction activity shall commence any construction activity prior to receiving written approval of the erosion and sediment control plan from the director.

C. Erosion and Sediment Control Plan Contents. An erosion and sediment control plan must address the following elements, at a minimum:

1. For construction sites of less than one acre:

Best management practices designed to control erosion and sediment, and manage waste and non-storm water in accordance with the permit; and

2. For construction sites of one acre or more:

a. All elements of a storm water pollution prevention plan;

b. Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside of the disturbed area;

c. Methods to protect native vegetation and trees;

d. Sediment and erosion control;

e. Controls to prevent tracking on and off the site;

f. Non-storm water control (e.g., vehicle washing, dewatering, etc.);

g. Material management (delivery and storage);

h. Spill prevention and control;

i. Waste management (e.g., concrete washout, waste management, sanitary waste management);

j. Identification of site risk level as identified per the construction permit;

k. Rationale for the selection and design of the proposed BMPs, including quantifying the expected soil loss from different BMPs; and

l. Any other element required by the director.

D. Erosion and Sediment Control Plan Development. For construction sites one acre or greater, erosion and sediment control plans must be developed and certified by a qualified SWPPP developer. Structural BMPs shall be designed by a licensed California engineer.

E. Erosion and Sediment Control Plan Certification. For construction sites one acre or greater, erosion and sediment control plans shall be signed by the landowner or landowner’s agent, certifying as follows:

I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false or inaccurate information, failing to update the erosion and sediment control plan to reflect current conditions, or failing to properly or adequately implement the erosion and sediment control plant may result in revocation of grading and other permits and other sanctions provided by law.

(Ord. 15-2038 § 1, 2015.)

8.50.110 Industrial activity sites.

A. In addition to any other requirement imposed by this chapter, every person responsible for industrial and commercial facilities or operations, or owning commercial or industrial facilities or property which will, or may, result in pollutants entering storm water, the storm drain system, or receiving waters, shall first obtain any required NPDES storm water permit and shall install and maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook or equivalent. BMPs must be designed to implement the requirements of this chapter and any applicable permit.

B. At a minimum, every person responsible for industrial and commercial facilities shall implement effective BMPs to control the following pollutant generating activities:

1. Accidental spills and leaks;

2. Vehicle and equipment fueling, cleaning and repair;

3. Outdoor liquid and raw materials storage;

4. Outdoor equipment operations;

5. Storage and handling of solid waste;

6. Building and grounds maintenance;

7. Parking and storage area maintenance;

8. Storm water conveyance system maintenance practices;

9. Sidewalk washing – remove all trash, debris and free standing oil, grease spills and leaks from the area before washing; and

10. Street washing – divert wash water away from MS4. (Ord. 15-2038 § 1, 2015.)

8.50.120 Low impact development.

A. Objective. The provisions of this section contain requirements for construction activities and facility operations of development and redevelopment projects to comply with the current “Los Angeles Municipal NPDES Permit,” lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of SUSMP requirements.

B. Scope. This section contains requirements for storm water pollution control measures in development and redevelopment projects and authorizes the city of Covina to further define and adopt storm water pollution control measures, develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, alternative compliance for technical infeasibility from the requirements of the on-site retention requirements, and collect funds for projects that are granted alternative compliance for technical infeasibility. Except as otherwise provided herein, the city of Covina shall administer, implement and enforce the provisions of this section.

C. Applicability. The following development and redevelopment projects, termed “planning priority projects,” shall comply with the requirements of this section:

1. All development projects equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.

2. Industrial parks 10,000 square feet or more of surface area.

3. Commercial malls 10,000 square feet or more of surface area.

4. Retail gasoline outlets with 5,000 square feet or more of surface area.

5. Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.

6. Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

7. Street and road construction of 10,000 square feet or more of impervious surface area.

8. Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532 through 7534 and 7536 through 7539) 5,000 square feet or more of surface area.

9. Projects located in or directly adjacent to, or discharging directly to, an environmentally sensitive area (ESA), where the development will:

a. Discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and

b. Create 2,500 square feet or more of impervious surface area.

10. Single-family hillside homes.

11. Redevelopment Projects.

a. Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on planning priority project categories.

b. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, the entire project must be mitigated.

c. Where redevelopment results in an alteration of less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, only the alteration must be mitigated, and not the entire development.

d. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

e. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area.

D. Effective Date. The planning and land development requirements contained in Section 7 of Order No. R4-2012-0175 became effective 90 days from the adoption of the permit (February 6, 2013). This includes planning priority projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of adoption of the permit. Projects that have been deemed complete within 90 days of adoption of the permit are not subject to the requirements of this section.

E. Storm Water Pollution Control Requirements. The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

1. A new single-family hillside home development shall include mitigation measures to:

a. Conserve natural areas;

b. Protect slopes and channels;

c. Provide storm drain system stenciling and signage;

d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

e. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

2. Street and road construction of 10,000 square feet or more of impervious surface area (and street and road redevelopment that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site), in addition to complying with all other applicable provisions of this section shall employ green street strategies per the U.S. EPA guidance manual, “Managing Wet Weather with Green Infrastructure: Green Streets” (EPA-833-F-08-009, December 2008) to the maximum extent practicable.

3. The remainder of planning priority projects shall prepare a LID plan to comply with the following:

a. Retain storm water runoff on site for the storm water quality design volume (SWQDv) defined as the runoff from:

i. The eighty-fifth percentile 24-hour runoff event as determined from the Los Angeles County eighty-fifth percentile precipitation isohyetal map; or

ii. The volume of runoff produced from a three-quarter-inch, 24-hour rain event, whichever is greater.

b. When, as determined by the director, 100 percent on-site retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID plan. The technical infeasibility may result from conditions that may include, but are not limited to:

i. The infiltration rate of saturated in-situ soils is less than three-tenths inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on site;

ii. Locations where seasonal high groundwater is within five to 10 feet of surface grade;

iii. Locations within 100 feet of a groundwater well used for drinking water;

iv. Brownfield development sites or other locations where pollutant mobilization is a documented concern;

v. Locations with potential geotechnical hazards;

vi. Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.

c. If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half times the portion of the remaining SWQDv that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications and requirements specified in the municipal NPDES permit.

i. Additional alternative compliance options such as off-site infiltration may be available to the project site. The owner, operator, or applicant for the project site shall contact the city of Covina to determine eligibility.

d. The remaining SWQDv that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the municipal NPDES permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

i. Two-tenths inches per hour; or

ii. The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

e. A multi-phased project may comply with the standards and requirements of this section for all of its phases by: (i) designing a system acceptable to the director to satisfy these standards and requirements for the entire site during the first phase, and (ii) implementing these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the storm water from such later phase. For purposes of this section, “multi-phased project” shall mean any planning priority project implemented over more than one phase and the site of a multi-phased project shall include any land and water area designed and used to store, treat or manage storm water runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment.

F. Non-Planning Priority Projects. For new development or redevelopment projects not meeting the “planning priority projects” thresholds, but which may potentially have adverse impacts on post-development storm water quality, a site-specific plan including post-construction design, source and/or treatment control to mitigate storm water pollution shall be required where one or more of the following project characteristics exist:

1. Vehicle or equipment fueling areas;

2. Vehicle or equipment maintenance areas, including washing and repair;

3. Commercial or industrial waste handling or storage;

4. Outdoor handling or storage of hazardous materials;

5. Outdoor manufacturing areas;

6. Outdoor food handling or processing;

7. Outdoor animal care, confinement, or slaughter; or

8. Outdoor horticultural activities.

G. Other Agencies. The city, in conjunction with one or more cities or with the county, may apply to the Regional Water Board for approval of a regional or subregional storm water mitigation program to substitute in part or wholly for the provisions of this chapter for the area covered by the regional or subregional storm water mitigation program. If the Regional Water Board approves the program, the provisions of the program shall apply in lieu of any conflicting provisions of this chapter.

H. Conditional Use Permit. For any development project requiring a conditional use permit (“CUP”) or other discretionary entitlement required under CMC Title 17, or other applicable title of the Covina Municipal Code, the LID plan shall be approved prior to the issuance of any such CUP or other discretionary entitlement.

I. Certification. As a condition for issuing a certificate of occupancy for a new development or redevelopment project the applicant, facility operators and/or owners, as appropriate, shall:

1. Construct and/or employ all storm water control BMPs identified in the approved development planning documents;

2. Prepare and obtain the director’s approval of an operation and maintenance plan and monitoring plan for all LID/SUSMP BMPs and LID/SUSMP control features incorporated into the project;

3. Submit a signed certification stating that the project site and all BMPs will be employed and maintained in compliance with the city’s LID/SUSMP ordinance and other applicable regulatory requirements until the responsibility for such maintenance is legally transferred; and

4. The owner of the project shall record a covenant agreement, or similar document, in the office of the Los Angeles County registrar-recorder/county clerk indicating that the owner of the subject development is aware of and agrees to the requirements of this section and to operate and maintain all LID/SUSMP BMPs and control features. The covenant agreement shall also include a diagram of the development project indicating the location(s) and type(s) of LID/SUSMP BMPs incorporated into the development project.

J. Fees. City council may establish fees for services provided under this chapter, as authorized under Sections 66016 and 66018 of the California Government Code. (Ord. 15-2038 § 1, 2015.)

8.50.130 Response plans.

The director may, together with the city attorney, develop and implement a progressive enforcement policy setting forth enforcement procedures and actions to address repeat and continuing violations of this chapter, a spill response plan setting forth the procedures, roles and responsibilities for investigating, cleaning up and reporting spills, and landscape water use efficiency guidelines. (Ord. 15-2038 § 1, 2015.)

8.50.140 Enforcement – Violations.

A. A violation of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

B. The director may, in addition to any other remedies provided in this chapter or available under applicable law, take enforcement action against violators of this chapter through any combination of the enforcement options set forth in this chapter. (Ord. 15-2038 § 1, 2015.)

8.50.150 Enforcement – Administrative remedies.

A. Notice of Violation. The director may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge, a notice of violation. The notice of violation shall be delivered in accordance with CMC 8.50.200.

1. The notice of violation shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of violation shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

2. The notice of violation 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 90 days unless the director extends the compliance deadline an additional 90 days where good cause exists for the extension. Uncontrolled sources of pollutants shall be abated immediately and in no case longer than 30 days.

B. Administrative Compliance Orders. Separate from, in addition to, or in combination with a notice of violation or cease and desist order, the director may issue an administrative compliance order against the owner and occupant of any public or private property and any other person responsible for a violation of this chapter. Issuance of a notice of violation or cease and desist order is not a prerequisite to the issuance of an administrative compliance order.

C. Cease and Desist Orders. The director may issue a cease and desist order directing the owner or occupant, or other person in charge of day-to-day operations of any public or private property and any other person responsible for a violation of this chapter, to immediately or by a specified day or time:

1. Discontinue any illicit connection, or illicit discharge to the MS4;

2. Contain or divert any flow of non-storm water off the property, where the flow is occurring in violation of any provision of this chapter;

3. Discontinue any other violation of this chapter;

4. Clean up the area affected by the violation; and

5. Implement BMPs and take other actions necessary to comply with the requirements of this chapter.

D. Monetary Penalty. In addition to, or in combination with, a notice of violation, administrative compliance order or cease and desist order, the director may issue a civil penalty for violations of this chapter. The notice of violation, administrative compliance order, or cease and desist order to which the penalty will attach shall allege the act(s) or failure(s) to act that constitute violations of this chapter and shall set forth the penalty for the violation.

1. The director may impose the following monetary penalties, in addition to other appropriate corrective action requirements:

a. An amount that shall not exceed $100.00 for each day a person fails or refuses to provide the city with any report or information required by this chapter.

b. An amount that shall not exceed $200.00 for each day a person fails or refuses to timely comply with a notice of violation or cease and desist order or fails or refuses to remedy any source of a continuing violation as required by the director or this chapter.

c. An amount that shall not exceed $1,000 per day for each day on which a person violates CMC 8.50.030 or 8.50.040.

2. The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days may become a special assessment against the real property of the person violating this chapter.

3. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

4. If the identity of the owner of the real property can be determined, the city shall make its best effort to provide notice of the special assessment to the owner by certified mail at the time of imposing the assessment. Such notice will specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. Assessment of administrative fines as provided hereunder does not preclude assessment of other costs of abatement of any nuisance against the same property at a later date.

5. If any real property against which the special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

6. A sale of vacant residential developed property for which the payment of a special assessment imposed pursuant to this chapter is delinquent may be conducted, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.

7. Notices or instruments relating to the special assessment shall be entitled to recordation.

E. City’s Performance of Work. The director may enter property to perform abatement activities or conduct cleanup work in the event abatement or cleanup activities ordered pursuant to this chapter are not conducted by the established deadline. In the event a violation of this chapter constitutes an imminent danger to public safety or the environment, the director may enter the property from which the violation emanates, conduct abatement activities and restore any property affected by the violation. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

F. Judicial Confirmation. The city may, at its option, elect to petition the superior court to confirm any order establishing administrative penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.

G. Recovery of Costs. The director may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of violation or other administrative order an invoice for costs documenting any and all costs incurred by the city in cleaning up, mitigating and/or remediating a site and issuing the notice of violation or other administrative order and directing payment to the city. An invoice for costs shall be delivered in accordance with CMC 8.50.200. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with CMC 8.50.210, then the city attorney may institute collection proceedings.

H. Decision Final. Unless timely appealed, an administrative compliance order shall be effective and final as of the date it is issued by the director. (Ord. 15-2038 § 1, 2015.)

8.50.160 Enforcement – Civil remedies.

A. Nuisance. Any condition in violation of the prohibitions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771.

1. City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the director 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 pursuant to subsection (A)(3) of this section.

a. Court Order to Enjoin or Abatement. At the request of the city manager, the city attorney may seek a court order to enjoin and/or abate the nuisance.

b. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager 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.

2. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the director may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

3. Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all other expenses recoverable under state law shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.

4. 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 Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. At the direction of the city manager, the city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5.

B. Injunction. At the request of the city manager, the city attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter.

C. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to restoration of the environment and all other expenses as authorized by law.

D. Damages. The city manager may cause the city attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (1) all costs incurred in enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (3) damages for irreparable harm to the environment.

E. Damages from Trespass or Nuisance on Public Land. The city attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the MS4 from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the MS4. (Ord. 15-2038 § 1, 2015.)

8.50.170 Enforcement – Criminal remedies.

A. Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the city attorney, with an infraction punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.

B. Misdemeanors. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months, or both. (Ord. 15-2038 § 1, 2015.)

8.50.180 Enforcement – Nonexclusive remedies.

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the director or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter. (Ord. 15-2038 § 1, 2015.)

8.50.190 Enforcement – Nonconsecutive violations.

Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order or a permit issued pursuant to this chapter shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith. (Ord. 15-2038 § 1, 2015.)

8.50.200 Enforcement – Notices.

Delivery of Notice. Any notice of violation, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:

A. The notice shall state that the recipient has a right to appeal the matter as set forth in CMC 8.50.210.

B. Delivery shall be deemed complete upon personal service to the recipient; deposit in the U.S. mail, postage prepaid for first class delivery; facsimile service with confirmation of receipt; or by any other means permitted by law.

C. 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.

Where the owner or occupant of any property cannot be located after the reasonable efforts of the director, a notice of violation or cease and desist order shall be deemed delivered after posting on the property for a period of five business days. (Ord. 15-2038 § 1, 2015.)

8.50.210 Appeals.

Any person subject to a notice of violation, administrative compliance order, or cease and desist order aggrieved by the issuance of an order may request a hearing and may appeal from the decision thereof in accordance with the procedures set forth in Chapter 1.26 CMC. A person subject to an order to remedy a condition which poses an immediate threat to the public health, safety or welfare shall comply with that order during the pendency of any appeal. To the extent that any provision of this section conflicts with the provisions of Chapter 1.26 CMC, the provisions contained in Chapter 1.26 CMC shall control. (Ord. 15-2038 § 1, 2015.)

8.50.220 Judicial review.

The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within 90 days of the occurrence of the event for which review is sought. (Ord. 15-2038 § 1, 2015.)

8.50.230 Fees.

Fees to be charged for plan checking, inspections, monitoring, mitigation, remediation or cleanup efforts and any other activities carried out by the city under this chapter shall be set by the city council by resolution. (Ord. 15-2038 § 1, 2015.)