Loading...
HomeMy WebLinkAboutORD-18-04 Amend Ch 7.01- Water Quality & Stormwater DischargesORDINANCE NO. 18- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 7.01 OF TITLE 7 OF THE ORANGE MUNICIPAL CODE PERTAINING TO WATER QUALITY AND STORMW ATER DISCHARGES.WHEREAS, the Federal Water Pollution Control Act (commonly known as the Clean Water Act or CWA), 33 U.S.C. S 1251 et seq., as amended, prohibits the discharge of any Pollutant as defined in the CWA) to Waters of the United States from a point source, unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System NPDES); and WHEREAS, pursuant to the CW A, the United States Environmental Protection Agency EP A) has defined the term Municipal separate storm sewer system (MS4) to mean a conveyance,or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters,catch basins, and storm drains owned or operated by a city, used for collecting Storm Water; and WHEREAS, CWA S402(P), 33 U.S.C. S 1342(p), requires that the City obtain an NPDES permit for the discharge of Pollutants from the City's MS4; and WHEREAS, CWA S402(P), 33 U.S.C. S 1342(p), further provides that NPDES permits shall require controls to reduce the discharge of Pollutants from the MS4 to the Maximum Extent Practicable, including management practices and such other provisions as may be appropriate for the control of Pollutants; and requires the City to effectively prohibit Non-Storm Water discharges to the MS4; and WHEREAS, in implementation of CW A S 402(p), EP A has adopted various regulations at several places in Title 40 of the Code of Federal Regulations (CFR) to address compliance and implementation of the CW A; and WHEREAS, the Santa Ana Regional Water Quality Control Board (SARWQCB) issued a NPDES Municipal Storm Water Permit entitled WASTE DISCHARGE REQUIREMENTS ORDER NO. R8-2002-0010 [NPDES NO. CAS618030) FOR THE COUNTY OF ORANGE,ORANGE COUNTY FLOOD CONTROL DISTRICT, AND THE INCORPORATED CITIES OF ORANGE COUNTY WITHIN THE SANTA ANA REGION, AREAWIDE URBAN STORM WATER RUNOFF, ORANGE COUNTY (the NPDES Order), to cities in Orange County, including the City of Orange; and WHEREAS, the NPDES Order and EPA regulations implementing the CWA, require the City to demonstrate that it has adequate legal authority, through ordinance or other authority, to prohibit Illicit Discharges and to otherwise require compliance with WHEREAS, under the California Constitution and California statutory law, the City has the authority to define public nuisances and to protect the public health and safety of its citizens and their environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 7.01 is hereby repealed and replaced in its entirety as follows: Sections: 7.01.010 7.01.020 7.01.030 7.01.040 7.01.050 7.01.060 7.01.070 7.01.080 7.01.090 7.01.100 7.01.110 7.01.010 Authority. Chapter 7.01 WATER OUALITY AND STORMWATER DISCHARGES. Authority. Purpose and Intent Definitions. Prohibition on Illicit Connections and Prohibit Discharges. Controls for Water Quality Management. Water Quality Management Plan (WQMP) Requirements. Best Management Practice (BMP) Requirements. Inspections. Enforcement. Interagency Cooperation. Miscellaneous Compliance Disclaimer. The United States Congress passed the Clean Water Act (33 USC Section 1251 et seq.,) Clean Water Act) mandating that cities 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 (EP A) 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 non-point source discharges to California' s waterways.The Santa Ana Regional Water Quality Control Board (Regional Board) addresses this obligation to implement the Clean Water Act by periodically issuing waste discharge requirements for the County of Orange, Orange County Flood Control District and the incorporated cities of Orange County within Regional Board jurisdiction. These waste discharge requirements shall be referred to herein as the National Pollution Discharge Elimination System (NPDES) Permit. The City is named as a co-permittee under the NPDES Permit and must comply with the requirements set forth in the NPDES Permit.Ord. 7.01.020 Purpose and Intent. The purpose of this Chapter is to establish uniform standards for the improvement of water quality, to comply with the federal requirements for the control of urban pollutants to storm water runoff, which enters the network of storm drains throughout Orange County, and to regulate discharges of storm water to the storm drain system within the City. 7.01.030 Definitions. Unless otherwise stated, the following definitions shall apply to this Chapter: A. Accelerated Erosion means the rate and amount of erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals. B. Basin Plan shall mean the Water Quality Control Plan for the Santa Ana Basin adopted by the Santa Ana Regional Water Quality Control Board in September 1994 and any subsequent amendments. C. Best Management Practices (BMPs) shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures arld other management practices or devices to prevent or reduce to the Maximum Extent Practicable (J\llliP) the discharge of pollutants directly or indirectly to storm water, receiving waters or the storm water drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this Chapter.D. Co-Permittee shall mean the County of Orange, the Orange County Flood Control District,and/or anyone of the other municipalities within the County of Orange, including the City, which are responsible for compliance with the terms ofthe NPDES Permit.E. DAMP shall mean the Orange County Drainage Area Management Plan, including all appendices, as the same may be amended from time to time F. Development Project Guidance shall mean DAMP Chapter VII and the Appendix thereto,entitled New Development/Significant Redevelopment, as the same may be amended from time to time.G. Discharge shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.H. Enforcing Attorney shall mean the City Attorney or the District Attorney.3 1. Hearing Officer shall mean the Public Works Director or his/her designee" who shall preside at the administrative hearings authorized by this Chapter and issue final decisions on the matters raised therein. J. Illicit Connection shall mean any man-made physical connection to the storm water drainage system which has not been authorized by the agency with jurisdiction over the system at the location at which the physical connection is made, or any such authorized connection which conveys prohibited discharges or any pollutant to the storm water drainage system.K. Impaired Water Body shall mean a water body that is listed by the California State Water Resources Control Board as impaired by a particular pollutant or pollutants" pursuant to Section 303(d) of the Clean Water Act.L. Impervious surface area means the ground area covered or sheltered by an impervious surface,measured in plan view (i.e., as if directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself M. Impervious surfaces or covers shall mean a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways.N. Inspector shall mean authorized City inspectors who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this Chapter.O. LIP shall mean the City Local Implementation Plan, including all appendices, together with any amendments or revisions, which is the document detailing the City's implementation of the DAMP.P. Maximum Extent Practicable shall mean the acceptability standard for Best Management Practices BMPs) established by Congress in Clean Water Act Section402(P)(3)(B)(iii) that dischargers of storm water must meet. Maximum extent practicable means using the most effective set ofBMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with storm water and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. Maximum extent practicable generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).Q. National Pollutant Discharge Elimination System (NPDES) Permit shall mean the currently applicable municipal discharge permit[s] issued by the Santa Ana Regional Water Quality Control Board, which establishes waste discharge requirements applicable to storm water and urban runoff in the City.R. New Development shall mean all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non- residential construction projects, or grading for future construction, for which either a discretionary land use approval,grading permit, building permit or Non-residential Plumbing Permit is required.Ord. S. Non-prohibited discharge shall mean those discharges not prohibited by this Chapter, and include only the following: I) non-storm water discharges authorized by a separate NPDES Permit ( other than the NPDES Permit for discharges from the municipal storm water drainage system) provided compliance with all permit conditions is maintained; 2) discharges from fire fighting activities; and 3)the following non-storm water discharges pursuant to 40 CFR 122.26(d)(2)(iv)(B)(I) and listed in the NPDES Permit, unless any of the following are identified as a significant source of pollutants to waters of the United States:I. Discharges composed entirely of storm water;2. Potable water line flushing and other potable water sources;3. Air conditioning condensate;4. Landscape irrigation, lawn garden watering and other irrigation sources;5. Passive foundation drains;6. Passive footing drains;7. Water from crawl space pumps;8. Dechlorinated swimming pool discharges;9. Non-commercial vehicle washing; 10. Diverted stream flows;II. Rising ground waters and natural springs;12. Ground water infiltration as defined in 40 CFR 35.2005 ( 20) and uncontaminated pumped groundwater;13. Flows from riparian habitats and wetlands;14. Emergency fire fighting flows (i.e. flows necessary for the protection oflife and property);15. Waters not otherwise containing wastes as defined in California Water Code Section 13050 d); and 16. Other types of discharges identified and recommended by the permittees and approved by the Regional Board.T. Non-residential Plumbing Permit shall mean 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.U. Non-storm water shall mean all discharges to and from a storm water drainage system that do not originate from precipitation events (i.e. all discharges from a storm water drainage system other than storm water).V. Person shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.W. Pollutant shall mean any agent introduced to storm water or non-storm water that may cause or contribute to the degradation of receiving water quality such that public health, the environment, or beneficial uses of receiving waters may be affected. The term may include, but is 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 non-metals, including compounds of metals and non- mdals, (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 sand blasting; 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 ~ 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.X. Priority Development Project shall mean any of the following development categories as defined in the NPDES Permit:1. All Significant Redevelopment as defined herein.2. Home subdivisions of 10 units or more. This includes single family residences, multi-family residence, condominiums, apartments, etc.3. Industrial/commercial developments of 100,000 square feet or more.Ord. Commercial developments include non-residential developments such as hospitals, educational institutions, recreational facilities, mini- malls, hotels,office buildings, warehouses, and light industrial facilities.4. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534,7536-7539).5. Restaurants where the land area of development is 5, 000 square feet or more.6. Hillside developments of 10,000 square feet or more which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more.7. Developments of 2,500 square feet of impervious surface or more adj acent to (within 200 feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the CWA Section 303( d)list of impaired waters.8. Parking lots of 5,000 square feet or more exposed to storm water. Parking lot is defined as land area or facility for the temporary storage of motor vehicles.Y. Prohibited Discharge shall mean any discharge to or from the storm water drainage system or to a receiving water that is not composed entirely of storm water. This includes but is not limited to discharges of non-storm water that are not defined as non-prohibited discharges, any discharge from an illicit connection, or any discharge which causes or contributes to the exceedance of basin plan receiving water quality objectives. Discharges pursuant to a separate NPDES Permit (other than the NPDES Permit for discharges from the municipal storm water drainage system) are prohibited unless compliance with all applicable permit conditions is maintained.Z. Receiving water shall mean all waters as defined in the NPDES Permit, including but not limited to natural streams, creeks, rivers, lakes, bays, the Pacific Ocean and ground water.AA. Significant Redevelopment shall mean the creation or addition of 5,000 square feet or more of impervious surface area on an existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling;replacement of impervious surface that is not part of a routine maintenan(:e activity; and land disturbing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than fifty percent (50%) of the impervious surface area of a previously existing development, and the existing development was not subject to WQMP requirements, the design sizing criteria for structural BMP facilities applies only to the addition, and not to the entire development.BB. State General Permit shall mean the State General Industrial Storm Water Permit, the State General Construction Permit or any other State General Permit that has been or will be adopted and the terms and requirements of' any such permit. In the event the EPA 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 CC. Storm water shall mean surface runoff and drainage associated with storm events and snow melt, and is that portion of precipitation that flows across a surface to the storm water drainage system or receiving waters. Examples include, but are not limited to: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows from a vegetated surface when rainfall is in excess of the rate at which it can infiltrate into the soil (runoff from a pervious surface); and the water that flows into streams when snow on the ground begins to melt. DD. Storm Water Drainage System shall mean 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, op(:rated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any Co-Permittee,and used for the purpose of collecting, storing, transporting, or disposing of storm water.EE. Urban runoff shall mean all flows in the Storm Water Drainage System and consist of storm water and non- storm water flows.FF. Water Quality Management Plan (WQMP) means a water quality plan that is designed to minimize pollutant discharges and accelerated erosion and sediment runoff during development construction and operation activities. Another synonymous term for such a water quality plan is Standard Urban Runoff Mitigation Plan (SUSMP).7.01.040 Prohibition on Illicit Connections and Prohibited Discharges.A. No person shall:I. 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.7.01.050 Controls for Water Quality Management.A. New Development and Significant Redevelopment.I. All new development and significant redevelopment shall be undertaken to ensure that pollutant discharges from development are reduced to the maximum extent practicable, and in accordance with:a. The NPDES Permit, the DAMP and the LIP, including, but not limited to, the Development Project Guidance; and Ord. b. Any conditions and requirements established by the City's Public Works Department, which are reasonably related to the reduction or elimination of Pollutants in storm water runoff from the project site. c. All priority development projects as defined in Section 7.01.050, shall comply with WQMP requirements. Projects that do not qualifY as a priority d~:velopment project but which will require a Non-residential Plumbing Permit or a discretionary action that will include a precise plan of development shall also comply with Section 7.01.060 of this Chapter, except as noted in subsections 7.01.050A.3 and 7.01.050A. 5.2. Prior to the issuance by the City of a grading permit, building permit ornon..residential plumbing permit for any new development or significant redevelopment, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subparagraph A.I of this Section 7.01.050. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or non-residential plumbing permit, the Public Works Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with subparagraph A.I of this Section 7.01.050 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 subparagraphs I and 2 of this Section, compliance with the Development Project Guidance shall not be required for construction of (1) one single family detached residence or (2) improvements, for which a building permit is required, to one single family detached residence unless the Public Works Director 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 and LIP shall not exempt any Person from the requirement to independently comply with each provision of this Chapter.5. If the Public Works Director determines that the project will have a de minimis impact on the quality of storm water runoff, then he/she 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 shall implement and adhere to the terms, conditions and requirements imposed pursuant to subparagraph A.I of this Section on a new development or significant redevelopment project.7. The Public Works Director may require that the terms, conditions and requirements imposed pursuant to subparagraph A.I of this Section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property 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.9 Ord. No. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the City in the review of new development or significant development projects for compliance with the DAMP and LIP. The Public Works Director 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. C. Litter Control 1. No Person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of- way, open area or point of entry to the Storm Water Drainage System.2. Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of sanle:.3. A prohibited disposal of waste materials creates a danger to public health, safety and welfare,and otherwise threatens the enviromnent, surface waters and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.7.01.060 Water Quality Management Plan Requirements.A Water Quality Management Plan (WQMP) shall be prepared and submitted for all pnonty development and significant redevelopment projects, and for projects which will require a non-residential plumbing permit or a discretionary action that will include a precise plan of development.The City may require independent review of the submitted WQMP, and the development project proponent shall pay for the cost of the independent review. The WQMP shall include proposed source control and structural best management practices as specified in the NPDES Permit, and the WQMP shall be prepared in conformance with the DAMP and LIP. Structural BMPs shall be required for all priority development projects, and such projects shall be designed so that the structural BMPs comply with the volume or flow design criteria specified in the NPDES Permit.7.01.070 Best Management Practice (BMP) Requirements.Every person owning property or conducting any activity, operation or facility shall comply with applicable BMPs as identified in the DAMP and LIP in order to prevent, the maximum extent practicable, pollutants from entering the Storm Water Drainage System.7.01.080 Inspections.A. Scope of Inspections.1. Right to Inspect. Except for emergency abatements, access to public areas and annual inspections as required by the DAMP and/or LIP, prior to commencing any inspection authorized by this Ord. No. 18- Section, the 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. For annual inspections required by the DAMP and/or LIP, the authorized water quality enforcement staff may inspect a property or facility during normal businesses hours upon twenty-four hours notice to the owner,operator, or person responsible for the day to day activities of such property or fa(: ility.2. Entry to Inspect. The 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.3. Compliance Assessments. The 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 points of discharge of all wastewater, process water systems and Pollutants, ( iii)investigating the natural slope at the location, including drainage pattl:ms 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, and (v) locating any illicit donnection or the source of prohibited discharge.4. Portable Equipment. For purposes of verifying compliance with this Chapter, the Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.5. Records Review. The 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, or any other source of contribution or potential contribution of pollutants to the Storm Water Drainage System.6. Sample and Test. The 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 Inspector may investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The 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 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, upon submission of a written request, receive copies of all monitoring and test results conducted by the Inspector.11 7.01.090 Enforcement. A. Administrative Remedies. I. Notice of Noncompliance. The Inspector may deliver a Notice of Noncompliance to the owner or occupant of any property or to any person responsible for an illicit connection or prohibited discharge. 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 ovmer, 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 Inspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension. c. The Notice of Noncompliance may direct the owner or occupant of any property and/or other person responsible for a violation of this Chapter to illllllediately: i) 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. v) Immediately cease any activity not in compliance with the conditions or requirements issued pursuant to subparagraph A.I of Section 7.01.050, or the terms, conditions and requirements of the applicable permit. 2. Recovery of Costs. If the violation is not corrected within the time set in the Notice of Noncompliance, the 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, an invoice for costs which shall include the cost of the re-inspection. To the extent allowed by State law, an invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in re-inspecting the violation.a. 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 Chapter, then the enforcing attorney may institute collection proceedings.Ord. No. 18- 3. Delivery of Notice. Any Notice of Noncompliance or invoice for 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 III subparagraphs A.4 of this Section. b. Delivery shall be deemed complete upon (a) personal service to the recipient; (b) three days after deposit in the: U.S. mail, postage pre-paid for first class delivery; or (c) 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 Inspector, a Notice of Noncompliance or Cease and Desist Order shall be deemed delivered after posting on the property for a period often (10) business days.4. Administrative Hearing for Notices of Noncompliance. Except for criminal prosecutions, any Person receiving a Notice of Noncompliance that directs that person to immediately discontinue or divert any flow off property or to pay an invoice for costs, may appeal the matter by requesting an administrative hearing.a. Request for Administrative Hearing. Any person appealing a Notice of Noncompliance or an Invoice for Costs under this Section, shall file a written request for an administrative hearing with the City Clerk within 10 days of receipt of the Notice of Noncompliance or invoice of costs,accompanied by an administrative hearing fee as established by separate resolution, with a copy of the request for administrative hearing mailed or delivered on the date of filing to the Public Works Director. Failure to timely file the request shall be deemed a waiver and the City's determination on such matter shall be deemed final. If a request is timely filed, a hearing on the matter shall be held within thirty (30) 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. The Hearing Officer shall afford each party the right to present testimony and other documentary evidence as necessary for explanation of the case.b. 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 Code of Civil Procedure SS 1094. 5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision.5. City Abatement. In the event the owner of property, the operator ofa 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 Inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the 13 Ord. 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 this Chapter which has the potential to discharge pollutants into storm sewers shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code g38771 and th,~ City may undertake any steps permitted under the Orange Municipal Code and state law to abate the condition. In the event the nuisance constitutes an imminent danger to public safety or the environment, the City 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, notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health, safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. 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. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing may be requested by any property owner or occupant of the property abated and shall follow the emergency abatement action as soon as practicable. I. 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. 2. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code g38773.1 and g38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code g38773.I. 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 accordance with the conditions and requirements of Government Code g38773.5. C. Criminal Penalties. 1. Any person who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter aner notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this Chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months, or both. At his or her discretion, the enforcing attorney may treat the violation as an infraction and in such case, the violation shall be punishable by a fine of not more than $100 for a first violation, $200 for a second violation, and a fine not exceeding $500 for each additional violation occurring within one year. 2. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, Notice of Non-compliance or a permit Ord. No. 18- issued pursuant to this Chapter, shall constitute a separate violation of this Chapter punishable by fines or sentences issued in accordance herewith. D. Non-exclusive remedies. Each and every remedy available for the enforc<:ment of this Chapter shall be non-exclusive and it is within the discretion of the Inspector or enforcing attorney to seek cumulative remedies. E. Citations.1. Pursuant to Penal Code 9836.5, the 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 Penal Code 9853.5, 9853.6, and 9853.9, unless the person demands to be taken before a magistrate. Following issuance of any eitation the Inspector shall refer the matter to the enforcing attorney.2. 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 Clean Water Act or the State Porter-Cologne Act 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 Clean Water Act 9505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this Chapter.G. Injunctions. 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.1. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incUlTed 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.H. Other Civil Remedies.1. The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of this Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating hann to the environment or reducing the threat to human health, and (iii) damages fix irreparable hann to the environment.15 2. The remedies available to the City pursuant to the provisions of this Chapter shall not limit the right of the City to seek any other remedy that may be available by law. 7.01.100 Interagency Cooperation. The City intends to cooperate with other agencies with jurisdiction over storm water discharges to ensure that the regulatory purposes underlying storm water regulations promulgated pursuant to the Clean Water Act are met. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this Chapter. 7.01.110 Miscellaneous 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. SECTION II: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase herl~of would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION III: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordarlce with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 14th day of September, 2004 tl/#1 Mark A. Murphy, Mayor, Cit Ord. No. 18-04 ATTEST: cL Mary E. Murphy, C" rk, City of orang~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 24th day of August, 2004, and thereafter at the regular meeting of said City Council duly held on the 14th day of September, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None c~ MaryE. M h, CitYCle~ge 17 Ord. No. 18-