Chapter 14.36
WATER QUALITY
Sections:
14.36.030 Illicit Connections and Prohibited Discharges.
14.36.040 Control of Urban Runoff.
14.36.080 Compliance Disclaimer.
14.36.010 Purpose and Intent.
The United States Congress passed the Clean Water Act (33 U.S.C. Section 1251 et seq., including Section 402(p) therein, being 33 U.S.C. Section 1342(p)) as a mandate, in part, that municipalities separate storm water runoff and sanitary sewer systems, in areas such as in Orange County, obtain permits to “effectively prohibit non-storm water discharges into the storm sewers” and “require controls to reduce the discharge of pollutants to the maximum extent practicable....” This permitting authority has been delegated by the United States Environmental Protection Agency (“EPA”) to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control nonpoint source discharges to California’s waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the obligation to implement the Clean Water Act by issuing waste discharge requirements governing storm water runoff for the County of Orange. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System permit or “NPDES permits.”
The City is participating as a “co-permittee” under the NPDES permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
Storm water runoff is one step in the natural cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.
The purpose of this chapter is to participate in the improvement of water quality and comply with Federal requirements for the control of urban pollutants to storm water runoff, which enters the network of storm drains throughout Orange County. (Ord. 2023-22 § 688, 2023; Ord. 97-26 § 2 (part), 1997)
14.36.020 Definitions.
“Authorized Inspector” means the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.
“Co-permittee” means the County of Orange, the Orange County Flood Control District, and/or any one of the thirty-one (31) municipalities, including the City of Newport Beach, which are responsible for compliance with the terms of the NPDES permit.
“DAMP” means the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
“Development project guidance” means DAMP Chapter VII and the Appendix thereto, entitled “Best Management Practices for New Development Including Non-Residential Construction Projects,” as the same may be amended from time to time.
“Discharge” means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semisolid or solid substance.
“Discharge exception” means the group of activities not restricted or prohibited by this chapter, including only:
1. Discharges composed entirely of storm water;
2. Discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency;
3. Discharges from property for which best management practices set forth in the development project guidance are being implemented and followed;
4. Discharges to the storm water drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the storm water drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);
5. Discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle and boat washing; noncommercial animal washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges;
6. Discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City;
7. Discharges authorized pursuant to a permit issued under Section 14.36.070;
8. Discharges allowable under the domestic sewage exception;
9. Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge;
10. Discharges authorized pursuant to Federal or State laws or regulations. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
“Domestic sewage exception” means discharges which are exceptions to this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:
1. Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.
“Enforcing Attorney” means the City Attorney or District Attorney acting as counsel to the City, which counsel is authorized to take enforcement action. For purposes of criminal prosecution, the District Attorney shall act as the Enforcing Attorney.
“EPA” means the Environmental Protection Agency of the United States.
“Hearing Officer” means the City Manager who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
“Illicit connection” means any manmade conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the storm water drainage system occurs or may occur. The term “illicit connection” shall not include legal nonconforming connections or connections to the storm water drainage system that are hereafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
“Invoice for costs” means the actual costs and expenses of the City including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to Section 14.36.050 or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 14.36.060 or this Code is utilized to obtain compliance with this chapter.
“Legal nonconforming connection” means connections to the storm water drainage system existing as of the adoption of this chapter that were in compliance with all Federal, State and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No. 703.
“New development” means all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
“Nonresidential plumbing permit” means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.
“NPDES permit” means the currently applicable municipal discharge permit(s) issued by the Regional Water Quality Control Board, Santa Ana Region which permit(s) establishes waste discharge requirements applicable to storm water runoff in the city.
“Pollutant” means any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
1. Artificial materials (such as floatable plastics, wood products or metal shavings);
2. Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. Metals and nonmetals, including compounds of metals and nonmetals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields);
6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sandblasting; use of chemical degreasing or diluting agents; and use of super-chlorinated water for potable water line flushing);
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. Materials which contain base/neutral or acid extractable organic compounds;
10. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and
11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.
“Prohibited discharge” means any discharge which contains any pollutant from public or private property to (1) the storm water drainage system; (2) any upstream flow which is tributary to the storm water drainage system; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (4) any coastal harbor, bay, or the Pacific Ocean. The term “prohibited discharge” shall not include discharges allowable under the discharge exception.
“Significant redevelopment” means the rehabilitation or reconstruction of public or private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
“State General Permit” means either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term “State General Permit” shall also refer to any EPA-administered storm water control program for industrial and construction activities.
“Storm water drainage system” means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide storm water runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any co-permittee City, and used for the purpose of collecting, storing, transporting or disposing of storm water. (Ord. 2023-22 § 689, 2023; Ord. 97-26 § 2 (part), 1997)
14.36.030 Illicit Connections and Prohibited Discharges.
A. No person shall:
1. Construct, maintain, operate and/or utilize any illicit connection;
2. Cause, allow or facilitate any prohibited discharge;
3. Act, cause, permit or suffer any agent, employee or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.
B. The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:
1. For all structural improvements to property installed for the purpose of discharge to the Storm Water Drainage System, the expiration of five years from the adoption of this chapter;
2. For all nonstructural improvements to property existing for the purpose of discharge to the Storm Water Drainage System, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.
3. A reasonable extension of use may be authorized by the city manager upon consideration of the following factors:
a. The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;
b. The economic investment of the discharger in the legal nonconforming connection; and
c. The financial effect upon the discharger of a termination of the legal nonconforming connection.
C. A civil or administrative violation of this section shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
D. If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the Authorized Inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of the thirty (30) day period any such discharge shall constitute a violation of this section. (Ord. 97-26 § 2 (part), 1997)
14.36.040 Control of Urban Runoff.
A. New Development and Significant Redevelopment.
1. All new development and significant redevelopment within the City of Newport Beach shall be undertaken in accordance with:
a. The DAMP, including but not limited to the development project guidance; and
b. Any conditions and requirements established by the Community Development Department and/or Public Works Department, which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site.
2. Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the Community Development Department and/or Public Works Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the planning agency (Community Development Department or Public Works Department) shall review the project plans and impose terms, conditions and requirements on the project in accordance with this section prior to the issuance of a discretionary land use approval or, at the City’s discretion, prior to recordation of a subdivision map.
3. Notwithstanding the foregoing, this compliance with the development project guidance shall not be required for construction of one single-family detached residence or duplex unless the City Community Development Department or Public Works Department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the storm water drainage system.
4. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5. If the City Community Development Department or Public Works Department determines that the project will have a de minimis impact on the quality of storm water runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.
6. The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this section on a new development or significant redevelopment project.
a. Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to this section on a new development or significant redevelopment project shall constitute a violation of this chapter.
7. The City’s Community Development or Public Works Departments may require that the terms, conditions and requirements imposed pursuant to this section be recorded with the County Recorder’s office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation.
B. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the planning agency (Community Development Department or Public Works Department) in the review and inspection of new development or significant development projects for compliance with the DAMP. The City planning agency (Community Development Department or Public Works Department) may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant. (Ord. 2013-11 § 93, 2013: Ord. 2004-5 § 1, 2004: Ord. 97-26 § 2 (part), 1997)
14.36.050 Inspections.
A. Scope of Inspections.
1. Right to Inspect. Prior to commencing any inspection as authorized below, the Authorized Inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.
2. Entry to Inspect. The Authorized Inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Water Drainage System located within the jurisdiction of the City of Newport Beach.
3. Compliance Assessments. The Authorized Inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to: (i) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (iii) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (iv) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (v) locating any illicit connection or the source of prohibited discharge; (vi) evaluating compliance with any permit issued pursuant to Section 14.36.070; and (vii) investigating the condition of any legal nonconforming connection.
4. Portable Equipment. For purposes of verifying compliance with this chapter, the Authorized Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
5. Records Review. The Authorized Inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, State General Permits, Storm Water Pollution Prevention Plans, Monitoring Program Plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the Storm Water Drainage System.
6. Sample and Test. The Authorized Inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the Storm Water Drainage System. The Authorized Inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Authorized Inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
7. Monitoring. The Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the Storm Water Drainage System.
8. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the Authorized Inspector. (Ord. 97-26 § 2 (part), 1997)
14.36.060 Enforcement.
A. Administrative Remedies.
1. Notice of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Code, the Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with this section.
a. The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
b. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety (90) days unless the Authorized Inspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension.
2. Administrative Compliance Orders.
a. The Authorized Inspector may issue an administrative compliance order, which shall be delivered in accordance with this section of this chapter. The administrative compliance order may be issued to:
i. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;
ii. The owner of property subject to terms, conditions or requirements imposed on a project in accordance with this section to ensure adherence to those terms, conditions and requirements;
iii. A permittee subject to the requirements of any permit issued pursuant to Section 14.36.070 to ensure compliance with the terms, conditions and requirements of the permit;
iv. Any person responsible for an illicit connection or prohibited discharge.
b. The administrative compliance order may include the following terms and requirements:
i. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge, or to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
ii. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
iii. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact storm water runoff;
iv. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency;
v. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto.
3. Cease and Desist Orders.
a. The Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with this section. A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to:
i. Immediately discontinue any illicit connection or prohibited discharge to the Storm Water Drainage System;
ii. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. Immediately discontinue any other violation of this chapter;
iv. Clean up the area affected by the violation.
b. The Authorized Inspector may direct by cease and desist order that the owner of any property or his successor-in-interest, which property is subject to any conditions or requirements issued pursuant to Section 14.36.040 of this chapter or any permittee under any permit issued pursuant to Section 14.36.070, immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Section 14.36.040 of this chapter, or the terms, conditions and requirements of the applicable permit.
4. Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance, administrative or cease and desist order, an invoice for costs. An invoice for costs shall be delivered in accordance with this section. An invoice for costs shall be immediately due and payable to the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this section then the Enforcing Attorney may institute collection proceedings.
5. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:
a. The notice shall state that the recipient has a right to appeal the matter as set forth in this section;
b. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the U.S. mail, postage prepaid for first class delivery; or (iii) facsimile service with confirmation of receipt;
c. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City;
d. Where the owner or occupant of any property cannot be located after the reasonable efforts of the Authorized Inspector, a notice of noncompliance, administrative compliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten (10) business days.
6. Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
7. Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within fifteen (15) days of the correction date, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution of the City Council, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the City Manager, or the Authorized Inspector and the City Attorney. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five (45) business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
8. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.
9. Hearing Proceedings. The Authorized Inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action.
10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten (10) business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision. If the appellant is the prevailing party, the administrative hearing fee paid by appellant shall be refunded. Notwithstanding the foregoing, the final decision of the Hearing Officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
11. City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the Authorized Inspector may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to this section.
B. Nuisance. Any condition in violation of the prohibitions of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance and may be abated pursuant to Chapter 10.50 of this Code.
1. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City Manager may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.
a. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
b. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to this section hereinabove shall follow the abatement action.
2. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance, including costs relating to restoration of the environment.
3. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof who shall be given notice of the lien as provided in Chapter 10.50 of this Code.
a. At the direction of the City Manager or the Authorized Inspector, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of California Government Code Section 38773.5.
C. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance with Chapter 1.04 of this Code.
D. Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the Authorized Inspector or Enforcing Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.
E. Citations. Pursuant to California Penal Code Section 836.5, the Authorized Inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with California Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Inspector shall refer the matter to the Enforcing Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least ten (10) business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the Enforcing Attorney may request issuance of a warrant for the arrest of the person cited.
F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq., or the State Porter-Cologne Act, California Water Code Section 7, and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), U.S.C. Section 1365(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate State or local agency, of any alleged violation of this chapter.
G. Injunctions. At the request of the City Manager, the Enforcing Attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law. (Ord. 2023-22 § 690, 2023; Ord. 2005-06 § 1, 2005: Ord. 97-26 § 2 (part), 1997)
14.36.070 Permits.
A. Discharge Permit Procedure.
1. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a National Pollution Discharge Elimination System permit regulating storm water discharges, the City Manager may issue a permit authorizing the release of non-storm water discharges to the storm water drainage system if:
a. The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and
b. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards.
2. Application. The applicant shall provide all information requested by the City Manager for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used onsite and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted.
3. Permit Issuance. The permit shall be granted or denied by the City Manager or his or her designated representative, no later than sixty (60) business days following the receipt of a completed application as determined by the City Manager. The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.
4. Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including but not limited to:
a. Identification of the discharge location on the property and the location at which the discharge will enter the Storm Water Drainage System;
b. Identification of the constituents and quantities thereof to be discharged into the Storm Water Drainage System;
c. Specification of pollution prevention techniques and structural or nonstructural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter;
d. Requirements for self-monitoring of any discharge;
e. Requirements for submission of documents or data, such as technical reports, production data, discharge reports, selfmonitoring reports and waste manifests; and
f. Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, State of California or regional agency.
5. General Permit. In the discretion of the City Manager the permit may, in accordance with the conditions identified in this section, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application with the City Manager. No discharge within the scope of the general permit shall occur until such application is so filed, unless, the City Manager in his discretion, has, as a condition of the general permit eliminated the requirement that an application for a general permit be filed.
6. Permit Fees. The permission to discharge shall be conditioned upon the applicant’s payment of the City’s costs, in accordance with a fee schedule adopted by separate resolution of the City Council, as follows:
a. For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, and the costs reasonably related to administrating the permit program;
b. For general permits, the costs of reviewing the permit application, that portion of the costs of preparing the general permit which is reasonably attributable to the permittee’s application for the general permit, and the costs reasonably related to administering the general permit program, unless the general permit does not require an application.
B. Permit Suspension, Revocation or Modification.
1. The City Manager may suspend or revoke any permit when it is determined that:
a. The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or
b. The permittee’s discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter; or
c. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or
d. Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated.
2. The City Manager may modify any permit when it is determined that:
a. Federal or State law requirements have changed in a manner that necessitates a change in the permit; or
b. The permittee’s discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit’s terms, conditions or requirements; or
c. A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters.
The permittee, or in the case of a general permit, each person who has filed an application pursuant to this section, shall be informed of any change in the permit terms and conditions at least sixty (60) days prior to the effective date of the modified permit. In the case of a general permit issued pursuant to Section 14.36.070(A)(1), any change in the permit terms and conditions shall be published in newspaper of general circulation within the City (County) at least sixty (60) days prior to the effective date of the modified permit.
3. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the Hearing Officer.
C. Permit Enforcement.
1. Penalties. Any violation of the terms, conditions and requirements of any permit issued by the City Manager shall constitute a violation of this chapter and subject the violator to the administrative, civil and criminal remedies available under this chapter.
D. Compliance with the terms, conditions and requirements of a permit issued pursuant to this section shall not relieve the permittee from compliance with all federal, State and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued.
1. Limited Permittee Rights. Permits issued under this section are for the person or entity identified therein as the “Permittee” only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.
2. Transfer of Permits. No permit issued to any person may be transferred to allow:
a. A discharge to the Storm Water Drainage System at a location other than the location stated in the original permit; or
b. A discharge by a person other than the person named in the permit; provided however, that the City may approve a transfer if written approval is obtained, in advance, from the City Manager. (Ord. 2023-22 § 691, 2023; Ord. 97-26 § 2 (part), 1997)
14.36.080 Compliance Disclaimer.
Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into storm water and/or the protection of storm water quality. (Ord. 97-26 § 2 (part), 1997)