Chapter 16.10
STORM WATER PROTECTION
Sections:
16.10.050 Ultimate responsibility of the discharger.
16.10.070 Prohibited activities.
16.10.080 Exceptions to discharge prohibition.
16.10.090 Reduction of pollutants in storm water.
16.10.100 Separately NPDES permitted dischargers.
16.10.110 Construction activities.
16.10.120 New development and redevelopment.
16.10.130 Industrial discharges.
16.10.140 Inspection authority.
16.10.150 Monitoring, analysis and reporting authority.
16.10.160 Notification of spills.
16.10.210 Criminal violations.
16.10.220 Remedies not exclusive.
16.10.010 Title.
This Chapter shall be known as the storm water protection ordinance of the city of Galt, and shall be referred to herein as the “storm water protection ordinance.” (Ord. 2002-05, Added, 07/02/2002)
16.10.020 Purpose.
A. The intent of this Chapter is to protect and enhance the water quality of the city’s watercourses, water bodies, and wetlands pursuant to, and consistent with, the Federal Water Pollution Control Act (Clean Water Act, 33 USC section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.) and National Pollutant Discharge Elimination System (NPDES) permit no. CA0082597 issued by the California Regional Water Quality Control Board, as such permit is amended and/or renewed.
B. The purpose of this Chapter is to ensure, protect, and promote the health, safety, general welfare, and protection of property for city of Galt citizens by:
1. Regulating non-storm water discharges to the city storm drain system;
2. Controlling the discharge to city storm drain systems from spills, dumping, or disposal of materials other than storm water;
3. Reducing pollutants in storm water discharges from the city storm drain system to the maximum extent practicable;
4. Minimizing damage to surrounding properties and public rights-of-way, the degradation of the water quality of watercourses, and the disruption of natural or city authorized drainage flows caused by the activities of clearing and grubbing, grading, filling, and excavating of land, and sediment and pollutant runoff from other construction related activities, and to comply with the provisions of the city’s NPDES permit. Significant grading activities are further regulated in Chapter 16.30, grading ordinance.
(Ord. 2002-05, Added, 07/02/2002)
16.10.030 Definitions.
The following words and phrases when used in this Chapter shall be defined herein. Words and phrases used in this Chapter and not otherwise defined shall be interpreted as defined in the regulations of the United States 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.
Authorized enforcement officer: shall include the city of Galt director of public works or his/her designee, code enforcement officer, and building official or his/her designee.
Best management practice (bmps): means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to water of the united states or groundwater.
City: means the city of Galt.
City standards: means the city improvement standards, city standard construction specifications, city erosion and sediment control standards, and other standards included in applicable city ordinances, regulations and manuals, as amended from time to time and adopted by the city.
Civil engineer: means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California.
Council: means the city council of the city of Galt.
Director: means the city of Galt director of public works or his/her designee.
Discharge: means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any gas, liquid, semi-solid, or solid substance.
Erosion control measures: means seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering, and other measures, which control the movement of the ground surface or soil.
National pollutant discharge elimination system (NPDES) permit: shall mean a discharge permit issued by the State Regional Water Quality Control Board, in compliance with section 402(p) of the Federal Clean Water Act.
Noncommercial vehicle washing: means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise is being conducted in the washing of those vehicles.
Non-storm water discharge: means any discharge to the storm drain system that is not entirely composed of storm water.
Person: means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity, which is recognized by law as the subject of rights or duties.
Pollutant: means those pollutants defined in section 502 of the Federal Clean Water act (33 USC), or incorporated into California water code section 13373. Pollutants include, but are not limited to anything, which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants include paints, oil and other petroleum hydrocarbons, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enteroccus, metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium), nonmetals (such as phosphorus and arsenic), hazardous wastes, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal wastes, materials that result from the process of constructing a building or structure, noxious or offensive matter of any kind. Pollutants also include hazardous materials, hazardous wastes, and any material that the enforcement agency has a reasonable basis for believing would be harmful to the environment if it were released into the municipal storm water system. Pollutant also means any contaminant, which can degrade the quality of the receiving waters by altering ph, total suspended or settleable solids, biochemical oxygen demand, chemical oxygen demand, nutrients, or temperature.
Sediment: means soil or earth material deposited by water.
Sediment control measures: means dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures which control sediment.
Storm drain system: means a conveyance or system of conveyances owned or operated by the city designed or used to convey storm water to waters of the United Sates. Storm drain systems include, but are not limited to, rockwells, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains.
Storm water: means water that originates from atmospheric moisture (rainfall, hail, snow or snow melt) and that falls onto land, water or other surfaces. (Ord. 2002-05, added, 07/02/2002)
16.10.040 Consistency.
This Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments, revisions or reissuance thereof. In the event of any conflict between this Chapter and any federal or state law, regulation, or permit, that requirement which establishes the higher standard shall govern. To the extent permitted by law, nothing in this Chapter shall preclude enforcement of any other applicable law, regulation, order, or permit. (Ord. 2002-05, added, 07/02/2002)
16.10.050 Ultimate responsibility of the discharger.
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore, this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the water of the united states caused by said person. This Chapter shall not create liability on the part of the city or any agents or employee thereof, for any damages, claims, or liabilities that result from any discharger’s reliance on this chapter or any administrative decision, lawfully made hereunder.
(Ord. 2002-05, added, 07/02/2002)
16.10.060 Liability.
In the event that any person does not comply with the provisions of this Chapter and wastes or pollutants are discharged to the city’s storm drain system that causes or threatens to cause an adverse impact on the water quality or a receiving stream or the groundwater, that person shall be liable for any or all of the following:
A. Any and all monetary penalties, charges, fees, cleanup costs, and other costs that may be imposed on the city by state or federal regulatory agencies as a result of threatened or actual violation(s), including administrative and legal fees;
B. Any and all judgments and associated costs that may be awarded to individuals or entities as a result of threatened or actual violation(s);
C. The total costs of containment, cleanup, treatment or disposal that the director may deem necessary to abate threatened or actual adverse impact on water quality of a receiving stream or the ground water, including consulting and administrative fees. (Ord. 2002-05, added, 07/02/2002)
16.10.070 Prohibited activities.
A. Discharge of pollutants (illicit discharge). A non-storm water discharge to the city storm drain system is prohibited. All discharges of material other than storm water must be in compliance with a NPDES permit issued for the discharge.
B. Discharge in violation of permit. Any discharge that would result in or contribute to a violation of the city’s existing or future municipal NPDES permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this Chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, as well as the parcel owner on whose property the discharge occurs, who shall be strictly liable for its consequences, and such persons and/or owners shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.
C. Illicit connections. It is a violation of this Chapter to establish, use, maintain, or continue illicit connections to the city storm drain system, and to commence or continue any illicit discharge to the city storm drain system. This prohibition against illicit connections is retroactive and applies to unpermitted connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection.
D. Roof run-off. New construction, renovations, and alterations of domestic roof drain leaders may not be directly connected to sidewalks and gutters. Any practical method must be administered to discharge roof run-off into landscaped areas.
E. Private drains. Storm water or surface water, which is causing flooding on private property served by an on-site storm drainage system, may not be discharged to the city’s storm drainage facilities.
F. Swimming pool water. Discharge of water from a swimming pool or fountain filter into an open channel is prohibited. Discharge of water, if dechlorinated, from a swimming pool into the street drain inlet or underground storm drainage facilities is allowed only with the written permission of the director. Such discharge may not cause flooding of the street. Water from pumping out a swimming pool or fountain filter backwash may be discharged into the sanitary sewer.
G. Food-related wastes. Food-related waste such as fats, oils, grease and fish processing water may not be discharged to the storm drain system. Restaurant kitchen mat and trash bin waste water may be discharged to the sanitary sewer. (Ord. 2003-11, Amended, 10/07/2003; 2002-05, added, 07/02/2002)
16.10.080 Exceptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in section 16.10.070 above:
A. Any discharge or connection regulated under a NPDES permit issued to the discharger provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations;
B. Discharges from the following activities which do not cause or contribute to the violation of any standard:
1. Water line flushing and other discharges from potable water sources,
2. landscape irrigation and lawn watering (except as prohibited under the water conservation ordinance),
3. rising ground waters or springs,
4. passive foundation and footing drains,
5. water from crawl space pumps and basement pumps,
6. air conditioning condensate,
7. noncommercial vehicle washing,
8. natural flows from riparian habitats and wetlands,
9. lows from fire suppression activities, including fire hydrant flows,
10. diverted stream flows,
11. untreated ground water,
12. waters from street cleaning equipment during street cleaning operations.
C. Any discharge which an authorized enforcement officer, the local health officer, or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety, and the environment.
D. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the authorized enforcement officer. (Ord. 2002-05, added, 07/02/2002)
16.10.090 Reduction of pollutants in storm water.
Any person engaged in activities, which will or may result in pollutants entering the city storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities, which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores, etc. The following minimal requirements shall apply:
A. Littering. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited or placed, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, or other drainage structure, business place, or upon any public or private lot of land, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweeping from the sidewalk and driveways shall not be swept, or washed, or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid wastes.
B. Drain inlets and gutters. Owners of properties fronting a city right-of-way shall maintain the drain inlets and gutters adjacent to their property free of debris, leaves, dirt, or other sediment. The owner shall remove debris, leaves, dirt, and other sediment from the drain inlets and gutters adjacent to their properties and disposed of in receptacles maintained as required for the disposal of solid wastes.
C. Animal waste. Waste from dogs, cats, and other animals shall not be washed into the street or storm drain system.
D. Bodies of water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water within the city’s jurisdiction.
E. Standards 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, alley or road, and related storm water conveyance systems shall clean those structures as frequently and thoroughly as practical in a manner that does not result in the discharge of pollutants to the city’s storm drain system.
F. Outdoor storage areas. In outdoor areas, no person shall improperly store grease, oil or other hazardous substances. In outdoor areas, no person shall improperly store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances. To prevent discharge of hazardous substances from the property, the city may require the installation of a spill containment system.
G. Banned pesticides. No person shall use, store or dispose of any state or federally banned pesticide in a manner that allows the pesticide to be washed into the street or storm drain system.
H. Mobile washing operations: Mobile washing operations may not discharge wash water to the storm drain system. Operations shall be conducted so as to contain discharge runoff for disposal to the sanitary sewer system. (Ord. 2003-11, Amended, 10/07/2003; 2002-05, added, 07/02/2002)
16.10.100 Separately NPDES permitted dischargers.
A. Compliance with NPDES permits and notification of intent. Any industrial discharger, discharger associated with construction activity, or other discharger subject to a storm water NPDES permit issued by the United States Environmental Protection Agency, the State Water Resource Control Board, or the Regional Water Quality Control Board, shall provide a notice of intent to the appropriate permitting agency and comply with all requirements of such NPDES permit. Every person undertaking any activity or use of a premises which may cause or contribute to storm water pollution or contamination, illegal discharges, or non-storm water discharges shall comply with best management practices guidelines or pollution control requirements as stated in their permit and as may be reasonably established by the authorized enforcement officer or this chapter.
B. Storm water pollution prevention plan. The authorized enforcement officer may require any business or construction site, which may directly or indirectly discharge into the city storm drain system that is engaged in activities which may result in pollutant discharges, to develop and implement a storm water pollution prevention plan, which must include an employee training program and any other BMPS, programs, or process descriptions which the authorized enforcement officer deems necessary to prevent a non-storm water discharge. Business activities which may require a storm water pollution prevention plan include, but are not limited to construction maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors. (Ord. 2002-05, added, 07/02/2002)
16.10.110 Construction activities.
A. Best management practices for construction activities. All construction contractors performing work in the city shall conform to adopted city standards. In addition to any adopted BMPS or other requirements for construction projects adopted by the city, the following requirements shall apply to all projects undergoing construction in the city. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the city.
1. Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment at construction sites, shall be retained on the site to the maximum extent practicable.
2. Any sediment or other materials that are not retained on the site shall be removed the same day as the projects are completed. Where determined necessary by the director, a temporary sediment barrier shall be installed.
3. On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.
4. Excavated soil or stockpiled base materials shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil and materials piles shall be covered until the soil is either used or removed. Soil and materials shall not be placed on paved streets or sidewalks without specific permission of the director.
5. No washing of construction or other industrial vehicles shall be allowed on a construction site or property adjacent to a construction site.
6. Drainage controls shall be utilized as needed, depending on the extent of the proposed grading and topography of the site, including but not limited to the following: detention ponds, sediment ponds, infiltration pits, dikes, filter berms, ditches, down drains, chutes, or flumes.
B. Notification to the director shall be required within twenty-four (24) hours following the failure of authorized measures to prevent erosion or sediment from leaving the construction site; the deposit of debris or material on adjoining property or public rights-of-ways, or; the interference with any existing watercourses or drainage facilities. (Ord. 2002-05, added, 07/02/2002)
16.10.120 New development and redevelopment.
The city may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. To minimize the discharge and transport of pollutants, the city may require, in its discretion, new development or redevelopment projects to implement designs, which minimize storm water runoff. Acceptable methods and standards for controlling storm water runoff volumes, rates, and pollutant load may include but are not limited to the following: increasing permeable areas, directing runoff to permeable areas, maximizing storm water storage for controlled release and/or reuse, and requiring the construction of sediment basins, ponds and/or other structures to reduce sediments and pollutants. Where treatment devices are installed to reduce pollutants, such treatment devices must be properly operated and maintained. (Ord. 2003-11, Amended, 10/07/2003; 2002-05, added, 07/02/2002)
16.10.130 Industrial discharges.
A. Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan under section 25500 of the California Health and Safety Code shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
B. Coordination with hazardous waste generator contingency plan. Any business requiring a hazardous waste generator contingency plan and emergency procedures pursuant to California Code of Regulations, TITLE 22, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent possible.
C. National categorical storm water effluent limitations. All users listed in 40 CFR Sub-Chapter N shall comply with the effluent limitations guidelines as set forth therein. However, where the city has adopted effluent limitation standards more stringent than those contained in the national categorical water effluent limitations, the specific prohibitions or limits on pollutants or pollutant parameters as developed by the city shall be deemed the applicable pretreatment standards. When local limitations are more stringent than those contained in the act have been adopted, the city shall notify all affected users of the applicable reporting requirements. (Ord. 2002-05, added, 07/02/2002)
16.10.140 Inspection authority.
The director may enter and inspect property for which a grading permit, building permit, or improvement plan approval has been issued to determine applicability or compliance with all applicable city ordinances and city standards. The director may also inspect any and all property on which grading, filling, clearing and grubbing or excavating activities are occurring. In addition, whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this Chapter, the agent may, enter such building or premises to inspect the same or perform any duty imposed upon the officer by this Chapter. If an owner, tenant, occupant, agent or other responsible party refuses to grant the city permission to enter or inspect, the city may seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm drain system, or similar factors. With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of the activities onsite.
(Ord. 2002-05, added, 07/02/2002)
16.10.150 Monitoring, analysis and reporting authority.
Any authorized enforcement officer may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analysis and furnish such reports as the officer may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis, and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and/or reports requested. In the event the owner or operator of a facility subject to a monitoring and/or analysis order fails to conduct required monitoring and/or analysis and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analysis to be performed and the cost, therefore, including the reasonable additional administrative costs incurred by the city shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. (Ord. 2002-05, added, 07/02/2002)
16.10.160 Notification of spills.
Any person owning, occupying or in charge of a premises or responsible for emergency response for a facility has a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed, or unconfirmed release of materials, pollutants or wastes creating a risk of discharge into the city storm drain system. As soon as any person owning, occupying or in charge of the premises or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall immediately notify the city of the occurrence by telephoning the city public works department or police department and confirming the notification by written correspondence to the director within twenty-four (24) hours of any known or confirmed pollutant. (Ord. 2002-05, added, 07/02/2002)
16.10.170 Monitoring fees.
A. Council may, from time to time, establish by resolution a schedule of storm water monitoring activities fees. These fees shall apply to persons performing activities which are required by federal law to obtain a National Pollutant Discharge Elimination System (NPDES) permit regulating the discharge of storm water and surface water from the site of an industrial or construction activity; and shall apply to persons performing any activity which the city may be required to regulate or monitor by the NPDES municipal storm water permit issued to the city. The fees shall correspond to the costs expended by the city in monitoring the discharge from such a site or activity for compliance with the conditions of any applicable NPDES permit, as well as any costs associated with damage to or degradation of city’s storm drain system. Every cost, fee, charge, penalty, or other monies collected under this Chapter shall be paid to the city to be used exclusively for storm water and drainage programs.
B. If the City Council and the Sacramento County Board of Supervisors enter into an agreement for Sacramento County to monitor any provisions of this Chapter within the city, Sacramento County may directly charge fees to persons performing activities being monitored in the same manner as the City, to monitor any activity of any provision of this Chapter with respect to such agreement. Such fees shall be established by Sacramento County and shall correspond to the costs expended by the county in monitoring the discharge from such a site or activity for compliance with the conditions of any applicable NPDES permits. (Ord. 2004-06, Amended, 08/02/2004; 2002-05, added, 07/02/2002)
16.10.180 Enforcement.
A. The enforcement officer may utilize any enforcement powers authorized or provided in this code. These include, but are not limited to, the penalties as set forth in Chapter 21.01 of Title 21 and the penalties as set forth in this Chapter.
B. The enforcement officer may exercise any of the following supplemental enforcement powers as he deems necessary or advisable:
1. Notice to clean and abate. Whenever an authorized enforcement officer finds any oil, earth dirt, cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm drain system or natural water course, he or she may give notice to remove and abate such oil, earth, dirt, cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice and the cost thereof shall be invoiced to the owner of the property.
2. Storm water pollution prevention plan. The director shall have the authority to establish elements of a storm water pollution prevention plan and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.
3. Best management practices. The director may establish the requirements of best management practices for any premises.
4. Compliance schedule. The authorized enforcement officer may develop and implement a schedule for compliance to meet any applicable federal or state standards or regulations covering the discharge of storm water or surface water for any activity not complying with the strictest of said standards and regulations. Failure to complete the compliance schedule by any specified date shall constitute a violation of this chapter.
5. Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter or, that may lead to such violation, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: comply with the requirement; comply with a time schedule for compliance; and/or take appropriate remedial or preventive action to prevent the violation from recurring.
6. Nuisance and Abatement. The authorized enforcement officer may order the abatement of any discharge from any source to the storm water drain system when, in the opinion of the authorized enforcement officer, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit, and therefore is deemed a public nuisance. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate said threat or danger pursuant to section 21.01.090. The costs of any such abatement shall be borne by the owner and shall be collectable as provided by sections 21.01.100 and 21.01.110.
7. Criminal citation. Authorized enforcement officers shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of TITLE 3, part 2 of the penal code (or as the same may be hereafter amended). Such authorized enforcement officers may issue a citation and notice to appear in the manner prescribed by Chapter 5 of TITLE 3, part 2 of the penal code, including section 853.6 (or as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in section 836.5 of the penal code be applicable to public officers or employees acting the course and scope of employment pursuant to this chapter.
8. In addition to the actions provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, is declared and deemed a public nuisance.
C. Notices and Orders
1. Notice of Non-Compliance
a. The authorized enforcement officer may issue to the owner, manager, operator, or occupant of any premises, or to any person responsible for any violation of this Title, a Notice of Non-Compliance.
b. The Notice shall identify the provisions of this Title that have been violated, the corrective actions required to achieve compliance, required date of completion of corrective actions to be in compliance, and the right to appeal the matter.
2. Administrative Enforcement Orders
a. If the Director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the Director is authorized to enforce or implement pursuant to this Chapter, the Administrator may issue an Administrative Enforcement Order requiring that the violation be corrected and may impose an Administrative Civil Penalty as specified in Section 16.10.20 of this Chapter.
b. The Director shall adopt written procedures for issuing an Administrative Enforcement Order and imposing an Administrative Civil Penalty. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section, the Director shall take into consideration such factors as the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment.
c. The Administrative Enforcement Order shall specify a date by which the discharger must be in compliance with this Chapter. The Director may extend the compliance date when good cause exists for such an extension.
d. The Administrative Enforcement Order may state that the City may recover any costs incurred by the City as a result of the violation and may include a demand for recovering costs incurred.
e. An Administrative Enforcement Order may be issued in the same document or separately from any Notice of Non-Compliance and/or any Cease and Desist Order.
f. The Administrative Enforcement Order shall state that the recipient has a right to appeal as set forth in Section 16.10.190 of this Chapter.
3. Cease and Desist Orders
a. The Director may issue a Cease and Desist Order. The Cease and Desist Order may be included in a Notice of Non-Compliance and/or in an Administrative Enforcement Order. A Cease and Desist Order may direct the owner or occupant of any premises, or any other person responsible for any violation of this Chapter, to take any of the following action:
1. Immediately discontinue any prohibited discharge to the City storm water conveyance system.
2. Immediately discontinue any other violation of this Chapter.
3. Clean up the area affected by the violation.
b. The Director may direct by a Cease and Desist Order that any person immediately cease any activity which may lead to a violation of Receiving Water Limitations.
D. If the City Council and the Sacramento County Board of Supervisors enter into an agreement for Sacramento County to administer and enforce any provisions of this Chapter within the City, any administrative or civil enforcement by Sacramento County of any provision of this Chapter with respect to such agreement shall be governed by and conducted pursuant to Chapter 15.12 of the Sacramento County code. Within the terms of any such agreement, Sacramento County and its authorized official(s) and employee(s) shall be authorized to take any action with respect to facilities located within the City, in accordance with the provisions of this Chapter, including the levying and collection of applicable penalties, fees, and other payments. (Ord. 2006-07, Amended, 06/06/2006; Ord. 2004-06, Repealed and Replaced, 08/02/2004; 2002-05, added, 07/02/2002)
16.10.190 Appeal.
Any person served with an administrative citation, administrative notice and order, notice to clean and abate, cease and desist order, compliance schedule or who is aggrieved by a decision of the Director or other authorized enforcement officer, may appeal by filing a written request for a hearing with the City Clerk within seven (7) days of the effective date of service of the notice. The hearing shall be set and conducted pursuant to section 21.03.060. The decision of the hearing officer is final. Any person aggrieved by a decision of the hearing officer may obtain judicial review pursuant to section 21.03.070. (Ord. 2006-07, Amended, 06/06/2006; Ord. 2004-06, Amended, 8/02/2004; 2002-05, added, 07/02/2002)
16.10.200 Civil violation.
In addition to any other remedies provided in this Chapter, any violation of the provisions of this Chapter may be enforced by civil action brought by the city pursuant to sections 21.01.060 and 21.01.080. In any such action, the City may seek any or all of the following remedies:
A. Injunctive relief;
B. Assessment against the violator for the costs of any investigation, inspection, or monitoring survey which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting the legal action as a result of violations of this chapter;
C. Recovery for costs incurred in removing, correcting, terminating, or preventing adverse effects resulting or likely to result from the violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life; and/or
E. Such other relief as the court may authorize.
Any person who violates any provision of this Chapter, who discharges or causes pollution, or who violates any cease and desist order, state or national law or regulation, or any other order of the director shall be civilly liable to the city in a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation per day. In addition, the city may require the user to pay any excess costs to the system for supplementary treatment systems, facilities, or operations needed as a result of allowing the entry of such discharges into the storm water system. The city may petition the Sacramento County Superior Court to impose, assess, and collect any sums levied pursuant to this chapter and sections 54725, 54739, and 54740, et seq. of the California Government Code. In determining the amount to be recovered, the court shall take into consideration all relevant circumstances including, but not limited to, the extent of the harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the discharger. Notwithstanding any other provision of law, all civil penalties imposed by the court pursuant to this paragraph shall be distributed to the city. Remedies imposed pursuant to this section are in addition to and do not supersede or limit any and all other administrative, civil, or criminal remedies available at law. (Ord. 2006-07, Amended, 06/06/2006; 2002-05, added, 07/02/2002)
16.10.210 Criminal violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is unlawful and shall also constitute a misdemeanor. Notwithstanding any other provision with this code, any such violation constituting a misdemeanor under this Chapter may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Misdemeanors shall be punishable as provided by Section 21.01.050. Infractions shall be punishable as provided by section 21.01.040. Each person shall be charged with a separate offense for each and every day, during which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 2006-07, Amended, 06/06/2006; 2002-05, added, 07/02/2002)
16.10.220 Remedies not exclusive.
A. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided herein shall be cumulative and not exclusive. In addition to any penalty, sanction, fine or imprisonment, any person violating the provisions of this Chapter shall be required to pay any and all expenses of enforcement including those costs necessary to monitor, inspect, remove and/or correct the violation. In addition to all remedies herein contained, the city may pursue all reasonable and legal means in collecting those sums authorized and due.
B. If the costs of enforcement and any penalties assessed are not paid within thirty (30) days of effective date of service of the notice or order demanding payment, such costs may be assessed against the parcel of land pursuant to section 21.01.110, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes. (Ord. 2006-07, Amended, 06/06/2006; Ord. 2004-06, Amended, 08/02/2004; 2002-05, added, 07/02/2002)