Chapter 14.08 STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS

This chapter shall be known as the “City of Lake Elsinore Stormwater/Urban Runoff Management and Discharge Controls Ordinance” and may be so cited. [Ord. 1296 § 1, 2012].

14.08.020 Purpose and intent.

The intent of this chapter is to protect and enhance the water quality of City watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the California Water Code Sections 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. Sections 1251 et seq. (Federal Clean Water Act). The purpose of this chapter is to ensure the future health, safety, and general welfare of City citizens by:

A. Reducing pollutants in stormwater discharges to the maximum extent practicable;

B. Regulating illegal connections and discharges to the storm drain system; and

C. Regulating nonstormwater discharges to the storm drain system. [Ord. 1296 § 1, 2012].

14.08.030 Definitions.

The terms as used in this chapter shall have the following meanings:

“Best management practices (BMPs)” means any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the Director of Public Works.

“City” means the City of Lake Elsinore.

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

“Commercial and industrial facilities” shall mean and refer to a facility or facilities that consist of any of the following:

1. Auto-Related. Mechanical repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and equipment, body repair or painting of automobiles and other vehicles, retail or wholesale fueling, automobile parking lots and storage facilities.

2. Mobile-Related Activities. Mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and portable toilet servicing.

3. Industrial. Industrial facilities as defined within the Federal Clean Water Act, operating and closed municipal landfills, facilities subject to SARA Title III, hazardous waste treatment, disposal, storage and recovery facilities.

4. Others. Cemeteries, nurseries, greenhouses, golf courses, parks, other recreational areas/facilities, eating and drinking establishments.

“Construction activity” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more or disturbances of land that is part of a larger common plan of development. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

“Director of Public Works” means the Director of the City of Lake Elsinore’s Public Works Department or his/her designee.

“Hazardous materials” refers to any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117).

“Illegal connection” means any physical connection to a storm drain system which has not been permitted by the City of Lake Elsinore, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

“Illegal discharge” means any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana, San Diego, or Colorado River Basin Regional Water Quality Control Board.

“Industrial activity” refers to activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

“Municipal NPDES permit” means an area wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

“National Pollutant Discharge Elimination System (NPDES) permit” means a stormwater discharge permit issued by the Santa Ana, San Diego, or Colorado River Basin Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.

“Nonstormwater discharge” means any discharge to the storm drain system that is not entirely composed of stormwater.

“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 anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

“Pollution” means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050).

“Porter-Cologne Act” refers to the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

“Premises” means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

“Storm drain system” means any facility within the incorporated areas of the City by which stormwater may be conveyed to waters of the United States. Storm drain system includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

“Stormwater runoff” means surface runoff and drainage associated with rain storm events and snow melt.

“Suspended solids” shall mean solid materials or particles that either float on the surface of, or are in suspension in, stormwater, wastewater or other liquid. [Ord. 1296 § 1, 2012].

14.08.035 Applicability.

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City of Lake Elsinore including any amendments or revisions thereto. [Ord. 1296 § 1, 2012].

14.08.040 Responsibility for administration.

This chapter shall be administered for the City by the Director of Public Works. [Ord. 1296 § 1, 2012].

14.08.050 Regulatory consistency.

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof. [Ord. 1296 § 1, 2012].

14.08.055 Ultimate responsibility of 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, nor unauthorized discharge of pollutants into waters of the United States caused by such person. This chapter shall not create liability on the part of the City of Lake Elsinore, or any agent or employee thereof for any damages that result from any dischargers’ reliance on this chapter or any administrative action lawfully made thereunder. [Ord. 1296 § 1, 2012].

14.08.060 Severability.

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable. [Ord. 1296 § 1, 2012].

14.08.070 Reduction of pollutants in stormwater.

A. General. It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the City. The only exception being where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this chapter to cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the City. It is a violation of this chapter to discharge urban runoff containing pollutants, including trash and debris, into the City’s municipal separate storm sewer system (MS4) or other facility that drains into receiving water.

B. Construction Sites. Any person performing construction work in the City shall comply with the provisions of this chapter, and Chapters 15.72 and 16.60 LEMC.

C. New Development and Redevelopment. New development or redevelopment projects shall control the volume, rate, and potential pollutant load of stormwater runoff so as to minimize the generation, transport and discharge of pollutants to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The Director of Public Works shall incorporate such BMP requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter. The BMPs may, among other things, require new developments or redevelopments to do any of the following:

1. Increase permeable areas, by leaving highly porous soil and low lying areas undisturbed; by incorporating landscaping and open space into the project design; by using porous materials for or near driveways and walkways; and by incorporating detention ponds and infiltration pits into the project design.

2. Direct runoff to permeable areas, by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, and french drains; by installing rain gutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas.

3. Maximize stormwater storage for reuse, by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.

D. Existing Development. Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The Director of Public Works shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation.

E. Commercial and Industrial Facilities. Any person or entity that owns or operates a commercial and/or industrial facility(ies) shall comply with the provisions of this chapter. All such facilities shall be subject to a regular program of inspection as required by this chapter, California Water Code Sections 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. Sections 1251 et seq. (Clean Water Act), any applicable State or Federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith.

F. Responsibility to implement Best Management Practices (BMPs). Notwithstanding the presence or absence of requirements promulgated pursuant to subsection (A), (B), (C), (D), or (E) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense. [Ord. 1296 § 1, 2012].

14.08.080 Illegal connections/discharges.

It is a violation of this chapter to establish, use, maintain, or continue illegal connections to the storm drain system, or to commence or continue any illegal discharges to the storm drain system. This prohibition against illegal connections and discharges is expressly retroactive and applies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge.

The Director of Public Works may require by verbal or written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

The Director of Public Works may require by verbal or written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connections by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, such person may request City approval to reconnect. The reconnections or reinstallation of the connection shall be at the responsible person’s expense. [Ord. 1296 § 1, 2012].

14.08.090 Nonstormwater discharges.

The discharge of nonstormwater into the storm drain system is a violation of this chapter except as specified below.

A. The discharge prohibition shall not apply to any discharge regulated under a NPDES permit or waiver issued to the discharger and administered by the State of California under the authority of the Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.

B. Discharges from the following activities shall not be considered a violation of this chapter 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: irrigation from agricultural sources, uncontaminated water from foundation drains, footing drains, pumped from crawl spaces, line flushing and other discharges from potable water sources, landscape, garden and lawn irrigation, diverted stream flows, rising groundwater and natural springs, infiltration to separate storm drains, uncontaminated pumped groundwater, air conditioning condensation, individual residential car washing and nonprofit car washing fundraisers, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash waters, and flows from fire fighting. [Ord. 1296 § 1, 2012].

14.08.100 Discharges in violation of permit.

A. Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit(s) or any amendment or revision thereto 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, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

B. NPDES Permit for Industrial/Commercial and Construction Activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the industrial stormwater general permit, the construction activity stormwater general permit, and the dewatering general permit. Proof of compliance with such NPDES permits may be required in a form acceptable to the Director of Public Works prior to issuance of any City grading, building, or occupancy permits. [Ord. 1296 § 1, 2012].

14.08.110 Requirement to remediate.

Whenever the Director of Public Works finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or waters of the United States, he/she may require by verbal or written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time. [Ord. 1296 § 1, 2012].

14.08.120 Requirement to monitor and analyze.

The Director of Public Works may require by verbal or written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or nonstormwater discharges to the storm drain system or waters of the United States, to undertake at such person’s expense such monitoring and analyses and furnish such reports to the City of Lake Elsinore as deemed necessary to determine compliance with this chapter. [Ord. 1296 § 1, 2012].

14.08.130 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States from such facility, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such release of a hazardous material such person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, such person shall notify the City’s Director of Public Works in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City’s Director of Public Works within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. [Ord. 1296 § 1, 2012].

14.08.140 Right to inspect.

To the extent allowed by law, the Director of Public Works may enter a commercial and industrial facility free of charge at any time, any premises, grounds, facilities or structures for which compliance is required by this chapter and inspect the premises, grounds, facilities and structures located therein for compliance with this chapter. [Ord. 1296 § 1, 2012].

14.08.150 Authority to sample, establish sampling devices and test.

During any inspection as provided herein, the Director of Public Works may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. [Ord. 1296 § 1, 2012].

14.08.160 Enforcement of chapter.

Any person in violation of any provision of this chapter, or any provision of any requirement issued pursuant to this chapter, shall be subject to the procedures and penalties set forth in this chapter in addition to Chapter 1.16 LEMC. To the extent that the City makes any provision of this chapter or identified BMP a condition of approval to the issuance of a permit, any person in violation of such condition is subject to the permit revocation procedures set forth in the chapter governing permit issuance. [Ord. 1296 § 1, 2012].

14.08.170 Notice of violation.

Whenever the Director of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director of Public Works may order compliance by verbal or written notice of violation to the responsible person. Such notice may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illicit connections or discharges;

C. That violating discharges, practices, or operations shall cease and desist;

D. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

E. Payment of a fine to cover administrative and remediation costs; and

F. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Director of Public Works and the expense thereof shall be charged to the violator pursuant to LEMC 14.08.200. [Ord. 1296 § 1, 2012].

14.08.180 Appeal.

Notwithstanding the provisions of LEMC 14.08.210, any person receiving a notice of violation under LEMC 14.08.170 may appeal the determination. The notice of appeal must be received by the City Clerk within five days from the date of the notice of violation. Hearing on the appeal before a hearing officer shall take place within 15 days from the date of the City’s receipt of the notice of appeal. The decision of the hearing officer shall be final. [Ord. 1296 § 1, 2012].

14.08.190 Abatement by City.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal under LEMC 14.08.180, within 10 days of the decision of the hearing officer upholding the decision of the Director of Public Works, the City shall to the extent allowed by law, enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. [Ord. 1296 § 1, 2012].

14.08.200 Charging cost of abatement/liens.

Within 30 days after abatement of the nuisance by City, the Director of Public Works shall notify the owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for a hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final.

If the amount due is not paid within 10 days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. [Ord. 1296 § 1, 2012].

14.08.210 Urgency abatement.

The Director of Public Works is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director of Public Works, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Lake Elsinore shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent City from seeking other and further relief authorized under this chapter. [Ord. 1296 § 1, 2012].

14.08.220 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 or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor and shall be punished as set forth in Chapter 1.16 LEMC. [Ord. 1296 § 1, 2012].

14.08.230 Compensatory action.

The Director of Public Works may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. [Ord. 1296 § 1, 2012].

14.08.240 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated pursuant to Chapter 8.18 LEMC. [Ord. 1296 § 1, 2012].

14.08.250 Acts potentially resulting in a violation of the Federal Clean Water Act and/or California Porter-Cologne Act.

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability. [Ord. 1296 § 1, 2012].