Chapter 13.04 STORM DRAIN REGULATIONS

This chapter is enacted pursuant to authority conferred by law, including, but not limited to, the Federal Clean Water Act (33 U.S.C. 1251, et seq.); the Code of Federal Regulations (CFR) Part 122; Porter Cologne Act; and National Pollutant Discharge Elimination System No. CA 8000200 issued by the Regional Water Quality Control Board, Santa Ana Region. (Ord. 163 § 1, 1993)

13.04.020 Purpose.

A. The purpose of this chapter is to promote the future health, safety and general welfare by controlling and/or eliminating nonstormwater discharges into the city storm drain system. This will be accomplished by eliminating all nonpermitted discharges to the municipal separate storm drains, controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater, and reducing pollutants in stormwater discharges to the maximum extent practicable.

B. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with federal, state and local laws and regulations. (Ord. 163 § 1, 1993)

13.04.030 Definitions.

As used in this chapter:

“BMP” means any best management practice, best management guideline, or best management requirement as adopted by any federal, state, regional, or local agency and applicable to storm drain system management.

“City permit” means any permit issued by the city.

“Construction activity” means any activity as defined by the State Water Resources Board or the Regional Water Quality Control Board, Santa Ana Region, whichever is more restrictive, that necessitates securing an NPDES permit or NOI.

“Illegal discharge” means any discharge to the stormwater drainage system which is not composed entirely of stormwater or contains constituents not provided for under exceptions to the prohibited discharges, HMC 13.04.100.

“Illicit connection” means any connection to the stormwater drainage system that is not permitted pursuant to a valid NPDES permit or written approval by the city.

“NOI” means a notice of intent to comply with an adopted NPDES stormwater permit.

“Nonstormwater” is any water not associated with storm runoff and that originates on or traverses any property.

“NPDES” means the National Pollutant Discharge Elimination System.

“NPDES permit” means any permit issued pursuant to the Federal Clean Water Act.

“Person,” as used in this chapter, means any individual, corporation, joint venture, partnership or other entity, whether public or private, who is subject to the provisions of this chapter.

“Receiving water” means all waters of the United States and tributaries of waters of the United States that are used for recreational or other purposes; from which fish or shellfish are taken; or which are used for industrial purposes by industries in interstate commerce.

“Storm drain system” means all of the property owned, leased, or controlled by the city and used directly or indirectly in the collection, conveyance, storage or disposal of stormwater and including, but not limited to, conduits, natural or artificial drains, channels, basins and watercourses together with appurtenances, pumping stations and equipment.

“Stormwater Pollution Prevention Plan” means the plan as described in the General Construction Activity Stormwater Permit as issued by the State Water Resources Board on August 20, 1992, and as that permit may be amended.

“Swimming pool” means any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes. (Ord. 163 § 1, 1993)

13.04.040 Conflict – Provision of this chapter shall govern.

The provisions of this chapter shall govern where such provisions are inconsistent with any other ordinance of the city code. (Ord. 163 § 1, 1993)

Article II. General Conditions and Prohibitions

13.04.050 Administration of this chapter.

Except as otherwise provided in this chapter, the city engineer for the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city engineer may be delegated by the city engineer to persons acting in the beneficial interest of or in the employ of the city. (Ord. 163 § 2, 1993)

13.04.060 Notice – In writing – Service.

Unless otherwise provided in this chapter, any notice required to be given by the city engineer under this chapter shall be in writing and served in person or by first class or registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service. (Ord. 163 § 2, 1993)

13.04.070 Connections – Valid city permit – Required.

A. The discharge or diversion of nonstormwater is permissible only when connection to the storm drain system is made in accordance with a valid city permit, approved construction plan, or an NPDES permit and/or an NOI, and the discharge conforms to the standards of HMC 13.04.100.

B. It is prohibited to establish, use, maintain, and/or continue any illicit connections to the city storm drain system. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

C. Permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:

1. Dedicated easements, rights-of-way, or public places and/or facilities;

2. Private property so as it may directly or indirectly discharge into the storm drain system. Indirect discharges include, but are not necessarily limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow. (Ord. 163 § 2, 1993)

13.04.080 Protection of the storm drain system.

Without prior written approval of the city engineer, no person shall construct or modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the storm drain system, including actions which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures. (Ord. 163 § 2, 1993)

13.04.090 Prohibited discharges – Listed.

It is prohibited to:

A. Discharge directly or indirectly into the city storm drain system any nonstormwater or other solid, liquid or gaseous matter in violation of any law, rule, regulations, permit, order or other requirement of any federal, state, county, municipal or other governmental entity or agency.

B. Discharge nonstormwater directly or indirectly to the storm drain system or any street, lined or unlined drainage ditch which leads to a public storm drain unless such discharge is permitted by an NPDES permit or a city permit. If such discharge is permitted by a NPDES permit, but causes the city to violate any portion of its NPDES permit for stormwater discharges, such discharge is also prohibited.

C. Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained, in or upon any basin, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot in the city, any refuse, rubbish, garbage or other discarded or abandoned objects, articles, accumulations, or any substance that pollutes, or may pollute stormwater.

D. Throw or deposit litter in any publicly owned, maintained or operated body of water within the city. (Ord. 163 § 2, 1993)

13.04.100 Exceptions to the prohibited discharges.

The following discharges are exempt from the prohibited discharges listed in HMC 13.04.090:

A. Waterline flushing and other discharges from potable water sources; provided, that the chlorine residual in any heavily chlorinated water used to disinfect water storage facilities or water mains is thoroughly neutralized prior to contacting receiving waters;

B. Landscape irrigation, lawn watering and irrigation water;

C. Diverted stream flows, rising groundwater, infiltration of separate drains, springs, flows from riparian habitats and wetlands;

D. Uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation;

E. Individual residential car washings, dechlorinated swimming pool discharges; and

F. Flows from fire fighting. (Ord. 163 § 2, 1993)

13.04.110 Notification of intent and compliance with NPDES permits.

A. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any NPDES stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Quality Control Board, Santa Ana Region, shall provide NOI, comply with and undertake all other activities required by any NPDES stormwater permit applicable to such discharges.

B. Each discharger identified in an individual NPDES permit or discharge order relating to stormwater discharges shall comply with and undertake all activities by such permit or order. (Ord. 163 § 2, 1993)

13.04.120 Compliance with best management practices (BMP).

Any person undertaking any activity or operation that causes or contributes to illegal discharges or stormwater pollution shall comply with this chapter and all applicable BMPs. (Ord. 163 § 2, 1993)

13.04.130 Spill containment – Requirements.

A. Spill containment systems, as may be required, shall conform to requirements established by the city engineer. No person shall operate a spill containment system that allows incompatible liquid to mix thereby creating hazardous or toxic substances in the event of failure of one or more containers.

B. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers.

C. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained.

D. Spilled or leaked waste and accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved by the city engineer, all chemicals or wastes discharged within the collection area shall be disposed of in accordance with all applicable federal, state and local laws and regulations and not discharged to the public sewer, the storm drain system or the ground. (Ord. 163 § 2, 1993)

13.04.140 Immediate notification of accidental discharge.

A. Protection of the storm drain system from the accidental discharge of prohibited material is the responsibility of the person or persons in charge of the facility where such discharges may occur. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city engineer prior to any construction.

B. All plans shall include provisions for the immediate notification to the city of accidental discharges which may enter the city storm drain system. All existing users shall complete such a plan.

C. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. (Ord. 163 § 2, 1993)

13.04.150 Written notification of accidental discharge.

A. A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedures.

B. In the event of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the applicable local, federal and state offices.

C. Within five working days following an accidental discharge to the storm drain system the person or persons in charge of the facility where the accidental discharge occurred shall submit a written report to the city engineer. The report shall describe in detail the type, volume and cause of the discharge, corrective actions taken and measures to be taken to prevent future occurrences.

D. Such notification shall not relieve the user of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws. (Ord. 163 § 2, 1993)

Article III. Construction Requirements

13.04.160 Nonstormwater discharges – Types allowed – Listed.

The following nonstormwater discharges are allowed under the NPDES permit so long as they comply with BMPs as described in the Storm Water Pollution Prevention Plan (SWPPP) and they do not cause or contribute to violation of any water quality standard or federal, state or local law or regulation:

A. Landscape irrigation; erosion control measures, as permitted by city under a valid city permit;

B. Waterline flushing and testing as provided for in HMC 13.04.100;

C. Street washing;

D. De-watering;

E. Dust control;

F. Soil compaction; and

G. Discharges of nonstormwater as may be necessary for practical performance and completion of certain construction projects, as permitted by the city under a valid city permit. (Ord. 163 § 5, 1993)

13.04.170 Construction activity – Permits required.

An individual or entity wishing to engage in construction activity shall comply with HMC 13.04.110 and provide evidence of compliance prior to obtaining any city-issued grading or construction permits. (Ord. 163 § 5, 1993)

Article IV. Enforcement

13.04.180 Authority to inspect.

A. The city engineer, or designated representative, shall be authorized at any reasonable time to enter the premises of any user of the storm drain system to determine compliance with the provisions of this chapter, and to:

1. Conduct inspection, sampling, monitoring and/or other authorized duties to enforce the provisions of this chapter;

2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and

3. Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations.

B. Adequate identification shall be provided by the city engineer, or designated representative, when entering the premises of any user. If such entry is refused or cannot be obtained, the city engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

C. If the city engineer has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the city engineer shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.

D. Where a user has instituted security measures requiring proper identification and clearance before entry onto the premises, the user shall make all necessary arrangement with its security guards in order that, upon presentation of such identification, duly designated city personnel be permitted to enter the premises without delay for the purpose of performing their authorized duties.

E. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the user to obtain all necessary clearances on behalf of the city so that city inspections are not impaired. (Ord. 163 § 6, 1993)

13.04.190 Notice of violation.

A. Whenever the city engineer finds that any user has violated or is violating this chapter, a NPDES stormwater permit or any prohibition, limitation or requirement contained in this chapter, the city engineer may serve upon such person a written notice stating the nature of the violation and stating the penalties for continued noncompliance.

B. If required in the notice, the user shall submit to the city engineer, within a prescribed period specified in the notice, which period shall not be less than 10 working days, unless an emergency situation dictates a shortened period, a plan indicating the cause of the violation, corrective actions which will be taken to prevent recurrence and, if required, a proposed compliance schedule indicating the dates those corrective actions will be completed. (Ord. 163 § 6, 1993)

13.04.200 Notice to remediate.

A. Whenever the city engineer finds any nonpermitted, prohibited substance, discharge 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, the city engineer may give notice to remove the nonpermitted, prohibited substance discharge.

B. The industrial/commercial user who receives such notice shall undertake the remediation activities described in the notice. (Ord. 163 § 6, 1993)

13.04.210 Falsifying information.

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter. (Ord. 163 § 6, 1993)

13.04.220 Administrative hearing.

A. Any user may request or the city engineer may order an administrative hearing, at which a user who causes or allows or who has caused or allowed an unauthorized discharge to enter the city storm drain system shall show cause why a proposed enforcement action should not be taken. An administrative hearing officer who is a city official not directly involved in the enforcement of this article shall preside over the administrative hearing at which each party, including the user and the city engineer, shall have the right to present evidence.

B. A notice shall be served on the user specifying the time and place of the hearing regarding the violation, the reasons why the action is to be taken and proposed enforcement action, directing the user to show cause before the hearing officer why proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 working days before the hearing. Service may be made on any agent or officer of the user. (Ord. 163 § 6, 1993)

13.04.230 Administrative orders.

The city engineer may require compliance with permit conditions or limitations by issuing administrative orders, enforceable in a court of law or by seeking direct court action. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.

A. Stop Work Order. The city engineer may serve a written stop work order on any person engaged in doing or causing to be done new construction, tenant improvements, alterations or additions, if:

1. A city permit is required and permit has not been granted by the city;

2. Work has begun without prior written approval by the city engineer; or

3. Violations of this article or of any city permit or other permit are found at the site of the new construction, tenant improvements, alterations or additions.

Any person served with a stop work order shall stop such work forthwith until written authorization to continue is received from the city engineer.

B. Cease and Desist Order. When the city engineer finds that any industrial/commercial user has violated or threatens to violate any provisions of this article or NPDES stormwater permit, the city engineer may issue a cease and desist order directing the user to:

1. Comply immediately and remediate any existing condition as directed by the city engineer; or

2. Comply in accordance with a time schedule specified in the cease and desist order.

A cease and desist order may include modifications in frequency of monitoring, testing and submission of self-monitoring reports, or any other provisions deemed necessary by the city engineer to maintain continuing compliance.

C. Termination of Service. When the city engineer finds any industrial/commercial user has violated an administrative order, the city engineer may terminate storm drain service to the user. The user shall be liable for all costs for termination of storm drain service incurred by the user and the city. This provision is in addition to other termination of service for delinquency payment, or for any other reasons. Storm drain service shall be re-instituted by the city engineer after the user has complied with all the provisions of the administrative order. The user shall also be liable for all costs for re-instituting storm drain service.

D. Immediate Termination of Service. The city engineer may immediately suspend storm drain service and any nonstormwater discharge permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly causes pollution to the receiving waters, ground and water courses of the city. Any industrial/commercial user notified that storm drain service NPDES permit has been suspended shall immediately stop and eliminate the applicable contributions to the storm drain system.

E. In the event of failure to comply voluntarily with the suspension order, the city engineer shall take steps as deemed necessary, which may include immediate severance of storm drain connections. The industrial/commercial user shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service may be re-instituted by the city engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial/commercial user, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the city engineer within 15 working days of the date of storm drain service termination.

F. The city engineer may adopt a proposed compliance schedule submitted by the user, or may adopt a revised compliance schedule if, in the judgment of the city engineer, the compliance schedule would allow the user to cause harm to the receiving waters and/or city storm drain facilities. (Ord. 163 § 6, 1993)

13.04.240 Legal action – Attorney fees.

A. If any person violates the provisions of this chapter, federal or state NPDES requirement, city permit requirement or any order of the city, the city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the county.

B. In addition to the penalties provided in this article, the city may recover all reasonable attorney fees and other expenses of litigation against the person found to have violated any of the provisions of this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued thereunder. (Ord. 163 § 6, 1993)

13.04.250 Appeals – Procedure.

A. Any decision of the city engineer or the administrative hearing office may be appealed to the city council in writing, stating reasons why the appeal should be granted. The written appeal must be accompanied with the appropriate fee as set by resolution. The city council may grant or deny the appeal.

B. Any appeal must be made within 10 days of receipt of decision of the city engineer or the administrative hearing officer. The city council may hear appeals directly or, in its sole discretion, may appoint an appeal hearing officer to hear any appeal and make a recommendation to the city council.

C. The decision of the city council on any appeal shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the city engineer or administrative hearing officer, as applicable, determines that such a stay would threaten the public safety, health or welfare. (Ord. 163 § 6, 1993)

13.04.260 Civil penalties.

A. The business license of any industrial/commercial user who is found to have violated an administrative order to comply with any provision of this chapter, NPDES permit or city permit and the rules, regulations and permits under this chapter may be revoked. The industrial/commercial user may also be fined a sum not to exceed $1,000 for each offense, plus any costs or remediation and consultation fees, legal fees and costs incurred by city for the cleanup.

B. Each violation shall be considered a separate and distinct offense, and each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this article, the city may recover all reasonable attorney’s fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued under this chapter. (Ord. 163 § 6, 1993)

13.04.270 Criminal penalties.

Any person who willfully violates any provision of this chapter or a permit condition; who knowingly violates any stop work order, cease and desist order, termination or immediate termination order, prohibition or effluent limitation; who knowingly makes false statement, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this chapter is guilty of a misdemeanor, which is punishable in accordance with Chapter 1.24 HMC. (Ord. 370 § 35, 2012; Ord. 163 § 6, 1993)

13.04.280 Compensation for damages.

A. Any person who damages monitoring equipment, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires nonroutine inspection or sampling, causes blockages of, damage to, interference with storm drain facilities, or causes any other damage, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties, occasioned thereby.

B. An administrative fee, which shall be fixed by the city manager based on the city’s current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within 30 calendar days of invoicing. (Ord. 163 § 6, 1993)

13.04.290 Violation deemed a public nuisance.

A. In addition to any other penalties, any threat to public health, safety and welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or restored by the city engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

B. The cost of such abatement, remediation and restoration shall be borne by the owner, lessee, or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within a prescribed amount of time after the completion by the city of the removal of the pubic nuisance and restoration and remediation of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. (Ord. 370 § 36, 2012; Ord. 163 § 6, 1993)