Chapter 13.32 URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL

This chapter shall be known as the “Urban Storm Water Quality Management and Discharge Control Ordinance” of the city of Patterson and may be so cited. (Ord. 777 § 1 (part), 2015).

13.32.020 Purpose and intent.

A. The purpose and intent of this chapter is to protect and promote the health, safety, and general welfare of the citizens of Patterson by limiting discharges of non-storm-water into the storm water conveyance system caused by spills, dumping or disposal of materials other than storm water, and by reducing pollutants in urban storm water discharges to the maximum extent practicable.

B. This chapter intends to protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm-water discharges to the maximum extent practicable into the storm drain system. (Ord. 777 § 1 (part), 2015).

13.32.030 Applicability.

This chapter shall apply to all water or effluent entering the storm drain system generated on any developed and undeveloped lands lying within the city limits of the city of Patterson including any amendments or revisions thereto. (Ord. 777 § 1 (part), 2015).

13.32.040 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.

A. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, general housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the SWPPP to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States (33 C.F.R. Section 328.3). Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm-water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. BMPs are required to be implemented and maintained in a manner that is consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks, the City of Patterson Adopted Post Construction Stormwater Standards Manual, or equivalent guidelines.

B. “City” means the city of Patterson.

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

D. “Director” means the city’s director of public works. The director has been designated the regulatory compliance coordinator to administer, implement and enforce the city’s storm water management plan, storm water program, and storm water ordinance.

E. “Construction activity” includes activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more, but are not limited to clearing and grubbing, grading, excavating, demolition, any public or private projects involving roadwork, paving, utility installation, structural construction (new or redevelopment), or landscaping that has soil disturbance or has pollutants exposed to storm water. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

F. “Hazardous waste materials” means any material including a material government entity with jurisdiction has deemed hazardous or any substance, waste, or combination thereof that, because of its quality or 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).

G. “Illegal discharge” means any direct or indirect discharge to the storm drain system that violates this chapter, or is prohibited by federal, state or local laws, or that degrades the quality of receiving waters in violation of any plan standard, except as specifically exempted in any section of this chapter.

H. “Illicit connections” means an illicit connection defined as either of the following:

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

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

I. “Industrial activity” means activities subject to NPDES industrial permits as defined in 40 C.F.R. Section 122.26(b)(14).

J. “National Pollutant Discharge Elimination System (NPDES) permits” means a permit issued by the California Regional Water Quality Control Board Central Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board, pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370), to control discharges from point sources to waters of the United States who have adopted general storm water discharge permits including but not limited to the general construction activity and general industrial activity permits.

K. “Non-storm-water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.

L. “Person” means any human being, individual, firm, company, partnership, corporation, business entity, association, private or public or municipal corporations, whether principal, agent, employee or otherwise, the United States of America, the state of California, districts and all political subdivisions, governmental agencies, and mandatories thereof.

M. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing or demolishing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind; or any contaminant that can degrade the quality of the receiving water in violation of any water quality standard or NPDES permit.

N. “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).

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

P. “Premises” means any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Q. “Storm drain system” means those artificial and natural facilities within the city of Patterson, whether publicly owned or privately owned, by which storm water is collected and/or conveyed to a watercourse or waters of the United States, including without limitation to any roads with drainage systems, municipal streets, catch basins, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural or artificial, altered, and/or human-made drainage channels or storm drains, aqueducts, stream beds, gullies, ditches, open fields, parking lots, impervious surfaces used for parking, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 C.F.R. Section 122.2.

R. “Storm water” means any surface flow, runoff and drainage associated with water from rainstorm events, which is free of pollutants.

S. “Waters of the United States” means surface watercourses and water bodies as defined at 40 C.F.R. Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

T. “Development” means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single- or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction.

U. “Enforcement official” means the director of public works, or his or her designee, or any agent of the city of Patterson authorized to enforce compliance with this chapter.

V. “Noncommercial vehicle washing” means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or nonprofit fundraising is being conducted in the washing of those vehicles.

W. “Storm water pollution prevention plan” or “SWPPP” means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate non-storm-water discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the storm water conveyance system.

X. “Watercourse” means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets.

Y. Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation. (Ord. 777 § 1 (part), 2015).

13.32.050 Responsibility for administration.

The public works director and/or enforcement official of the city is authorized to make decisions, and administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the public works director may be delegated in writing by the public works director to persons or entities acting in the beneficial interest of or in the employ of the city. Under this chapter, the city’s authority includes, but is not limited to:

A. Effectively prohibit non-storm-water discharges through the NPDES MS4 general permit.

B. Detect and eliminate illicit discharges and illegal connections to the city’s storm water system. Illicit connections include pipes, drains, open channels, or other conveyances that have the potential to allow an illicit discharge to enter the storm water system. Illicit discharges include all non-storm-water discharges not otherwise authorized in the NPDES MS4 general permit, including discharges from organized car washes, mobile cleaning and pressure wash operations.

C. Respond to the discharge of spills, and prohibit dumping or disposal of materials other than storm water into the storm water system.

D. Require parties responsible for runoff in excess of incidental runoff to implement discharge prohibition measures.

E. Require operators of construction sites, new or redeveloped land, and industrial and commercial facilities to minimize the discharge of pollutants to the storm water system through the installation, implementation, or maintenance of BMPs consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent.

F. Enter private property for the purpose of inspecting, at reasonable times, any facilities, equipment, practices, or operations for active or potential storm water discharges, or noncompliance with local ordinances/standards or requirements in the NPDES MS4 general permit, as consistent with any applicable state and federal laws.

G. Require that dischargers promptly cease and desist discharging and/or cleanup and abate a discharge, including the ability to:

1. Effectively require the discharger to abate and clean up their discharge, spill, or pollutant release within seventy-two hours of notification; high risk spill should be cleaned up as soon as possible;

2. Require abatement within thirty days of notification, for uncontrolled sources of pollutants that could pose an environmental threat;

3. Perform the clean-up and abatement work and bill the responsible party, if necessary;

4. Provide the option to order the cessation of activities until such problems are adequately addressed if a situation persists where pollutant-causing sources or activities are not abated;

5. Require a new time frame and notify the appropriate regional water board when all parties agree that clean-up activities cannot be completed within the original time frame and notify the appropriate regional water board in writing within five business days of the determination that the time frame requires revision.

H. Levy citations or administrative fines against responsible parties either immediately at the site or within a few days.

I. Require recovery and remediation costs from responsible parties.

J. Impose more substantial civil or criminal sanctions (including referral to a city or district attorney) and escalate corrective response, consistent with its enforcement response plan developed pursuant to the city’s NPDES MS4 general permit for persistent noncompliance, repeat or escalating violations, or incidents of major environmental harm. (Ord. 777 § 1 (part), 2015).

13.32.060 Severability.

The provisions of this chapter are hereby declared to be severable. 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. (Ord. 777 § 1 (part), 2015).

13.32.070 Regulatory consistency.

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. (Ord. 777 § 1 (part), 2015).

13.32.080 Ultimate responsibility of discharger and disclaimer of liability.

The degree of protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific, engineering and other relevant technical considerations.

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 U.S. caused by said person. This chapter shall not create liability on the part of the city of Patterson, or any agent or employee thereof, for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 777 § 1 (part), 2015).

13.32.090 Prohibition of illegal discharges.

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

A. Discharges from the following activities, which do not cause or contribute to the violation of any NPDES permit, will not be considered a source of pollutants to the storm drain system and to waters of the United States, 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 Water Quality Control Act, Clean Water Act, or this chapter:

1. Potable water line flushing;

2. Uncontaminated pumped groundwater to storm drain system and other discharges from potable water sources;

3. Incidental runoff from landscaped watering areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use;

4. Diverted stream flows;

5. Rising groundwater;

6. Groundwater infiltration to the storm drain system;

7. Passive foundation and footing drains;

8. Water from crawl space pumps and basement pumps;

9. Air conditioning condensation;

10. Uncontaminated nonindustrial roof drains;

11. Springs;

12. Individual residential and occasional noncommercial car washing on private property in which no commercial enterprise or nonprofit fundraising is being conducted in the washing of those vehicles;

13. Natural flows from riparian habitats and wetlands;

14. Dechlorinated swimming pool discharges;

15. Street wash waters and waters from street sweeping activities;

16. Flows from fire suppression activities, including fire hydrant flows;

17. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117;

18. Any discharge that the enforcement official, the local health officer or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety;

19. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official.

B. The prohibition shall not apply to any discharge or connections regulated under a NPDES permit waiver or waste discharge order issued to the discharger and administered by the state to Division 7, Chapter 5.5 of the California Water Code and under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in compliance with all requirements of the permit, waiver or order and all other applicable laws and regulations; and provided, that written approval has been granted by the city of Patterson for any discharge to the storm drain system.

C. With written concurrence of the Regional Water Quality Control Board, the city of Patterson or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any storm water permit, or conveys significant quantities of pollutants to a surface water, the storm drain system or waters of the United States, or is a danger to public health or safety, such discharges shall be prohibited from entering the storm drain system. (Ord. 777 § 1 (part), 2015).

13.32.100 Prohibition of illicit connections.

A. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a storm water conveyance system, or allows such a connection to continue. (Ord. 777 § 1 (part), 2015).

13.32.110 Waste disposal prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition. (Ord. 777 § 1 (part), 2015).

13.32.120 Compliance with industrial or commercial activity NPDES storm water discharge permit.

A. Any person subject to the state’s current industrial or NPDES general permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the public works director or enforcement official upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause.

B. Any person subject to the state’s current construction NPDES general permit for storm water discharge shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

C. Compliance with Best Management Practices. Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit discharges shall comply with best management practices (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines. (Ord. 777 § 1 (part), 2015).

13.32.130 Requirements to prevent, control and reduce storm water pollutants.

Any person engaged in activities that may result in pollutants entering the storm water conveyance system shall, to the maximum extent practicable, undertake the measurements set forth below to reduce the risk of non-storm-water discharge and/or pollutant discharge.

A. Business-Related Activities.

1. Storm Water Pollution Prevention Plan. The enforcement official may require any business in the city engaged in activities that may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuant to a storm water pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the storm water conveyance system. Business activities that may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or clean-up procedures carried out partially or wholly out of doors.

2. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm-water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

3. Coordination with Hazardous Waste Generator Contingency Plan and Emergency Procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures, pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm-water discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Construction.

1. Any person performing construction activities in the city shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations, including but not limited to the current California NPDES general permit for storm water discharges associated with construction activity (construction general permit) and this chapter. All construction projects, regardless of size, having soil disturbance or activities exposed to storm water must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges.

2. Any person subject to a construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the state’s current construction NPDES general permit, the WDID number and the SWPPP shall be submitted to the city. For projects with less than an acre of soil disturbance or not subject to the construction general permit, an erosion and sediment control plan (ESCP) and the ESCP worksheet must be submitted to the city.

3. As required by its Phase II MS4 NPDES permit, the city will conduct storm water compliance inspections at applicable construction sites that have areas of soil disturbance exposed to storm water. The inspection will be conducted by a city inspector or agent working for the city who is a qualified SWPPP practitioner (QSP) or is supervised by a QSP. The inspection will evaluate the construction site’s compliance to this chapter and any other applicable laws. Inspections will be billed by the city to the project owner. The following is the risk rating system and inspection frequency the city will use, which is analogous to the risk rating used by the California construction general permit (CGP):

a. Projects not subject to the CGP or that have an erosivity waiver will have a pre-soil disturbance inspection and a project completion inspection.

b. Projects that are Risk 1/LUP Type 1 or Risk 2/LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.

c. Projects that are Risk 3/LUP Type 3 will have a pre-soil disturbance inspection, bi-monthly (twice per month) inspections, and a project completion inspection.

If a project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspector, the project’s “threat to water quality” will be elevated by the city to the next highest category. This elevation of risk will not affect the risk rating for the CGP.

C. Development. The enforcement official may require controls as appropriate to minimize the long-term, post-construction activity discharge of storm water pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of storm water, treatment controls designed to remove pollutants from storm water, low impact development measures, and/or hydromodification measures to offset the difference between the pre- and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects will be required to meet the requirements and design standards specified in the current state of California Phase II MS4 NPDES permit and as described in further detail in the city’s Storm Water Design Standards Manual for New Development and Redevelopment.

At the earliest planning stages, project proponents shall assess and evaluate how site conditions, such as soils, vegetation, and flow paths, will influence the placement of buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet the goals of capturing and treating runoff. Each project proponent will submit a map of the project dividing the site into discrete drainage management areas to show in each how runoff will be managed using site design measures, source controls, treatment controls, and hydromodification measures as defined by the current MS4 permit. All site design measures, source controls, treatment controls, and hydromodification measures must be selected, sized, and situated in accordance with the guidance provided in the current MS4 permit and the city’s Storm Water Design Standards Manual for New Development and Redevelopment. Documentation of the site’s post-construction storm water design measures must be submitted to the city’s planning department for review and approval prior to the commencement of the project.

Project proponents must sign an operation and maintenance agreement in which they legally bind themselves to maintain the installed post-construction design measures in an effective and good operational condition until the property ownership is transferred. A written operation and maintenance plan for the proposed storm water design measures is required to be submitted to and approved by the city with the signed agreement. The agreement will be recorded with the deed by the county clerk making it transferable to the new owner; or, when there are multiple property owners responsible for the maintenance of the control measures, the agreement will consist of a legally binding covenant between the city and the homeowners’ association or maintenance district. The owner or association responsible for the maintenance of the control measures may be required by the city to submit an annual self-certification that the storm water control measures are effective and are being maintained in accordance with the submitted and approved operation and maintenance plan. (Ord. 777 § 1 (part), 2015).

13.32.140 Requirement to eliminate illegal discharges.

Notwithstanding the requirements of Section 13.32.220, the public works director may require by 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. (Ord. 777 § 1 (part), 2015).

13.32.150 Requirement to eliminate or secure approval for illicit connections.

The public works director may require by 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 connection 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. (Ord. 777 § 1 (part), 2015).

13.32.160 Watercourse protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. (Ord. 777 § 1 (part), 2015).

13.32.170 Requirements to remediate.

Whenever the public works director 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 water of the United States, the public works director or enforcement official may require by 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 pursuant to the provisions of Sections 13.32.220 through 13.32.250. (Ord. 777 § 1 (part), 2015).

13.32.180 Requirement to monitor and analyze.

The public works director may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, or non-storm-water discharges to the storm drain system or waters of the United States to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city of Patterson as deemed necessary to determine compliance with this chapter. (Ord. 777 § 1 (part), 2015).

13.32.190 Containment and notification of spills.

Any person owning or occupying a premises who has knowledge of any release of pollutants or non-storm-water discharge from or across those premises that might enter the storm water conveyance system, other than a release or discharge that is permitted by this chapter shall immediately take all reasonable action to contain and abate the release of pollutants or non-storm-water discharge, and shall notify the enforcement official at the city of Patterson within twenty-four hours of the release of pollutants or non-storm-water discharge.

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 storm water, the storm drain system, or waters of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and clean up of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city’s public works department in person or by phone or facsimile no later than five 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 public works department 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. 777 § 1 (part), 2015).

13.32.200 Authority to inspect.

A. Right-of-Entry. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the public works director or enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this chapter, the director or enforcement official may enter such building or premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance or perform any duty imposed upon the office by this chapter.

Any request for entry shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

B. Sampling Authority. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, illegal discharge, non-storm-water discharge to the storm water conveyance system, or similar factors.

C. Sampling Methods.

1. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter.

2. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

D. Monitoring, Analysis and Reporting Authority.

1. The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the storm water conveyance system.

2. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested. (Ord. 777 § 1 (part), 2015).

13.32.210 Authority to sample, establish sampling devices and test.

During any inspection as provided herein, the public works director or enforcement official may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. If the test results confirm an illegal discharge, the person responsible for the discharge may be held financially responsible for the testing, sampling and related activities. (Ord. 777 § 1 (part), 2015).

13.32.220 Notice of violation.

Whenever the public works director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the director or enforcement official may order compliance by written notice of violation to the responsible person pursuant to Chapter 1.40. 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; 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 or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said 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 public works director and the expense thereof shall be charged to the violator pursuant to Section 13.32.250. (Ord. 777 § 1 (part), 2015).

13.32.230 Appeal.

Notwithstanding the provisions of Section 13.32.260, any person (A) receiving a notice of violation and either an order to abate, administrative citation, or an order to perform analyses, reporting and/or corrective activities by an authorized enforcement official; or (B) disputing the costs of enforcement, or otherwise grieved by the decision of the enforcement official, under Section 13.32.220, may appeal the determination of the public works director or enforcement official to the city manager pursuant to Chapter 1.40. The notice of appeal must be received by the city manager within ten days from the date of the notice of violation. The decision of the city manager or designee shall be final. (Ord. 777 § 1 (part), 2015).

13.32.240 Abatement by city.

The city may choose to abate any public nuisance or violation of this chapter through any of its applicable abatement procedures pursuant to Chapter 1.52. (Ord. 777 § 1 (part), 2015).

13.32.250 Charging cost of abatement/liens.

The city may recover its costs related to the enforcement of this chapter, pursuant to Chapter 1.56. (Ord. 777 § 1 (part), 2015).

13.32.260 Emergency abatement and enforcement costs recovery.

A. The public works director or enforcement official is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or welfare or environment, or a violation of a NPDES permit pursuant to Chapter 1.52.

B. The cost of enforcement, abatement and restoration shall be borne by the owner of the property pursuant to Chapter 1.56. (Ord. 777 § 1 (part), 2015).

13.32.270 Mitigation.

The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges. (Ord. 777 § 1 (part), 2015).

13.32.280 Storm water pollution prevention plan.

The enforcement official shall have the authority to establish elements of a SWPPP, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter. (Ord. 777 § 1 (part), 2015).

13.32.290 Best management practices.

The enforcement official may establish the requirements of best management practices for any premises. (Ord. 777 § 1 (part), 2015).

13.32.300 Seasonal and recurrent nuisance.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 777 § 1 (part), 2015).

13.32.310 Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter shall be guilty of a misdemeanor, unless such violation is declared by the director of public works and shall constitute an infraction and therefore shall be subject to the following fines:

A. Five hundred dollars upon the first offense.

B. One thousand dollars upon the second offense.

C. Two thousand dollars upon the third and each subsequent offense.

If any violation is continued, each day’s violation shall be deemed a separate violation. (Ord. 777 § 1 (part), 2015).

13.32.320 Compensatory, civil and/or criminal actions.

In addition to enforcement proceedings, penalties, and remedies authorized by this chapter, compensatory actions are in addition to, and do not supersede or limit, any other remedies, and may be enforced by civil or criminal action brought by the city.

A. A temporary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;

C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;

E. Referral of the discharger to the State Water Board;

F. Referral of the discharger to the district attorney for criminal prosecution;

G. Storm drain stenciling, attendance at compliance workshops, creek clean up, etc. (Ord. 777 § 1 (part), 2015).

13.32.330 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 summarily abated or restored by the city at the violator’s expense, or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city. (Ord. 777 § 1 (part), 2015).

13.32.340 Acts potentially resulting in a violation of the Federal Clean Water Act or California Porter-Cologne Water Quality Control Act.

Any person who violates any provision of this chapter or any provision of any requirement or any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) or the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), 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. 777 § 1 (part), 2015).

13.32.350 Conflicts with other laws and judicial review.

A. In the event of any conflict between this chapter and any federal or state law, regulation, order or permit, the requirement that establishes the higher standard for public health or safety shall govern.

B. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

C. The provisions of California Code of Civil Procedures Sections 1094.5 and 1094.6 are applicable to judicial review of city of Patterson decisions pursuant to this chapter. (Ord. 777 § 1 (part), 2015).

13.32.360 Administrative citation.

If the owner, or person responsible for the violation, fails to correct the violation within the time specified in the notice and order to abate, the director of public works or designee may cause an administrative citation imposing an administrative fine or penalty to be issued to the owner of the property pursuant to Chapter 1.44. (Ord. 777 § 1 (part), 2015).

13.32.370 Concealment and abetting.

It is unlawful and a violation of this chapter for any person to cause, permit, aide, abet, or conceal a violation of any provision of this chapter. (Ord. 777 § 1 (part), 2015).

13.32.380 Enforcement authority.

A. General Enforcement Authority. Except as otherwise provided herein, the director of public works shall administer, implement and enforce the provisions of this chapter. The director of public works may delegate any powers granted to or duties imposed upon the director of public works to other city of Patterson personnel.

B. Administrative Enforcement Powers. The enforcement official may exercise any enforcement powers as permitted by the law or any section of this chapter as deemed necessary or advisable in the enforcement official’s judgment under the circumstances. (Ord. 777 § 1 (part), 2015).