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HomeMy WebLinkAboutCC ORD 2008-2308 Amends Ch. 14.22, storm water management and discharge control (14.22)ORDINANCE NO. 2008 — 2308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 14, CHAPTER 14.22 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL Be it ordained that the City Council hereby amends Title 14, Chapter 14.22 of the National City Municipal Code, to read as follows: Chapter 14.22 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 14.22.010 Title. 14.22.020 Purpose and intent. 14.22.030 Definitions. 14.22.040 General provisions. 14.22.050 Reduction of pollutants in storm water — Minimum requirements 14.22.060 Watercourse protection. 14.22.070 Illicit connection and illegal discharge of pollutants - Prohibited 14.22.080 Exceptions to discharge prohibition. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. 14.22.140 City best management practices manual. 14.22.150 Additional requirements for land disturbance activity. 14.22.160 Additional planning, design, and post construction requirements for all land development and redevelopment projects. 14.22.170 Maintenance of BMP"s 14.22.180 Inspection and sampling. 14.22.190 Enforcement. 14.22.200 Enforcement authority. 14.22.210 Other acts and omissions that are violations. 14.22.220 Penalties. 14.22.230 Restrictions and conditions on issuance of ministerial and discretionary development permits. Ordinance No. 2008-2308 1 Storm Water Management and Discharge Control 14.22.010 Title. This chapter shall be known as the "National City Storm Water Management and Discharge Control Ordinance", and shall be so cited. 14.22.020 Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens; to protect water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with San Diego Regional Water Quality Control Board ("RWQCB") Order No. 2001-01 National Pollutant Discharge Elimination System ("NPDES") Permit Number CAS 0108758 and with applicable state and federal law. The city seeks to promote these purposes by: 1. Controlling non -storm waterstorm water discharges to the storm waterstorm water conveyance system; 2. Eliminating discharges to the storm waterstorm water conveyance system from spills, dumping or disposal of materials other than storm water or permitted or exempted discharges; 3. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable (MEP); 4. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County; 5. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution; 6. Establishing requirements for development project site design, to reduce storm water pollution and erosion; 7. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and to enhance existing water - dependent habitats; 8. Establishing notice procedures and standards for adjusting storm water and non -storm water management requirements where necessary. B. The intent of this chapter is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB Order No. 2001-01, NPDES Permit Number CAS 0108758 and any subsequent amendments, revisions or reissuance of the permit and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance 2213 on November 19, 2002 and any subsequent adopted amendments, revisions or modifications. 14.22.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: "Authorized enforcement official" means the city manager of the City of National City or any designee of the city manager of the City of National City who is responsible for enforcing the provisions of this chapter, including but not limited to, the directors, their management staff and designees. "Basin plan" means the Comprehensive Water Quality Control Plan for the San Diego Basin, adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the state Water Resources Control Board, together with subsequent amendments. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include Ordinance No. 2008-2308 2 Storm Water Management and Discharge Control treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage. "BMPs" means best management practices. "California ocean plan" means the California Ocean Plan: Water Quality Control Plan for Ocean Waters of California, adopted by the state Water Resources Control Board, September 1991, and any subsequent amendments. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. "Commercial discharger" means discharger who operates a regulated commercial facility. "City" means the City of National City. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. "Development project proponent" means developer. "Directors" means the director of public works/engineering. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water or to allow storm water or non -storm water to directly or indirectly enter the storm water conveyance system or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water and/or non - storm water that is discharged. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the storm water conveyance system or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. "Discharges directly to" means that storm water or non -storm water enters receiving waters from a facility or activity without mixing with any storm water or non -storm water from another facility or activity prior to entering such receiving waters. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. "Employee training program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations and local ordinances associated with storm water pollution prevention and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. 9. A documented employee training program prepared pursuant to any NPDES storm water permit shall meet the definition of an employee training program for the purposes of this chapter. Ordinance No. 2008-2308 3 Storm Water Management and Discharge Control "Enclosed Bays and Estuaries Plan" means the Califomia Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California, adopted by the State Water Resources Control Board, April 11, 1991, and any subsequent amendments. "Environmentally sensitive area" means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and amendments), national wildlife refuges, areas designated as preserves for species protection purposes by the state of California or a local government and pre -approved mitigation areas identified in agreements between the City and state or federal natural resources agencies. "ESA" means environmentally sensitive area. "Household hazardous waste" means a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to: paint and paint -related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries. "Illegal connection" means a pipe, facility or other device connected to the storm water conveyance system or receiving waters, which has not been reviewed and authorized by the City; or a permitted/authorized pipe, facility or other device, which conveys illegal discharges. "Illicit connection" means any unpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the City or which drains illegal discharges either directly or indirectly into a storm water conveyance system. "Illegal discharge" means any non -permitted or nonexempt discharge to the storm water conveyance system that is not composed entirely of storm water or is expressly prohibited by federal, state or local regulations, laws, codes or ordinances or degrades the quality of receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan standards. "Impaired water body" means a water body that is listed by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303(d) of the Federal Clean Water Act. "303(d)-listed water body" has the same meaning. "Impervious cover or impervious surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways. "Impervious surface area" means ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if from 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. "Industrial activity" means manufacturing, processing or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, such manufacturing, processing or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, finished product, by-product or waste product. "Industrial discharger" means a discharger who operates a regulated industrial facility. "Industrial storm water permit" means the state general industrial storm water permit. "Infiltration" means the process of percolating storm water or non -storm water into the soil. Ordinance No. 2008-2308 4 Storm Water Management and Discharge Control "Infiltration BMPs or infiltration facility" means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands or filtering swales are not infiltration facilities. "JURMP" is an acronym for Jurisdictional Urban Runoff Management Program. This document presents the City's storm water program in compliance with the municipal permit. "Land development activity" means any activity or proposed activity that requires any of the permits or approvals listed in Section 14.22.040(F) of this chapter. "Land disturbance activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. "Land owner" means the holder of legal title to the land and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement or long-term lease. "Low Impact Development (LID)" means a storm water management and land development strategy that emphasizes conservation and the use of on -site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre - development hydrologic features. "Maintenance [of a BMP]" means periodic action taken to maintain the as designed performance of a BMP and includes, but is not limited to, repairs to the BMP as necessary and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. "Manual" means the City's Best Management Practices Manual described in Section 14.22.040 (G) of this chapter, adopted by resolution and hereinafter referred to as "manual". "Maximum extent practicable" is an acceptability standard for best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water 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. "MEP" means maximum extent practicable. "Motor vehicle" means any automobile, car, truck, bus, motor home or other self- propelled vehicle used or suited to use for on -road transportation; and any similar vehicle modified for off -road use. "Municipal facility" means a facility owned or operated by the City of National City that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues are not municipal facilities. (The commercial or industrial lessees of such facilities may, however, be subject to this chapter as commercial dischargers or industrial dischargers). "National pollution discharge elimination system (NPDES) permit" means a national pollutant discharge elimination system permit issued by the Regional Water Quality Control Ordinance No. 2008-2308 5 Storm Water Management and Discharge Control Board or the State Water Resources Control Board and or the Regional Water Quality Control Board. "NPDES Permit No. CAS 0108758" means RWQCB Order No. 2007-0001, NPDES Permit No. CAS 0108758, Waste Discharge Requirements for Discharges of Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority. "Non -storm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. "Plan standard" means any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan. "Pollutant" may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan and the California Ocean Plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), total suspended and settleable solids, nutrients, metals, cyanides, phenols and biocides. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan standards by altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen demand (COD) and temperature. "Premises" means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved. "Rainy season" means the period from October 1 through April 30. "Receiving water" means surface bodies of water, as described in Order No. 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve as discharge points for the storm water conveyance system, including San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel and La Paleta Creek. "Redevelopment" means any construction, alteration or improvement of an already developed site that will increase the total impervious surface area of that site or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity and other activities that create additional impervious surfaces. "Regulated commercial facility" means all non-residential facilities engaged in business or commerce, whether for profit or not -for -profit or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non -storm water or the discharge of pollutants to storm water. "Regulated industrial facility" means any facility subject to the state general industrial storm water permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials or refuse; and any other facility with a total outdoor uncovered area of more than two acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the state general industrial storm water permit. Ordinance No. 2008-2308 6 Storm Water Management and Discharge Control "Residential discharger" means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence. "RWQCB" means the Regional Water Quality Control Board for the San Diego region. "Significant redevelopment" means development in the City that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing areas related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and replacement of damaged pavement. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment. It was adopted by Ordinance 2213 of November 12, 2002, together with any amendments or revisions now or hereafter adopted. "State General Construction Storm Water Permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto. "State General Industrial Storm Water Permit" means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities and any amendments thereto. "Stop work order" means an order issued which requires that specifically identified activity or all activity on a site be stopped. "Storm water" means surface runoff and drainage associated with storm events and snow melt. "Storm water conveyance system" includes but is not limited to those municipal facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels or storm drains. "Storm water management" means the use of structural or non-structural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes and/or peak discharge flow rates or velocities. When applied to the City or another municipality, storm water management also includes planning and programmatic measures. "Storm water management plan" means a plan, submitted on a City form or in a City - specific format in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non -storm water management during the permitted activity. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on -site program activities to eliminate or reduce to the MEP, pollutant discharges to the storm water conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; Ordinance No. 2008-2308 7 Storm Water Management and Discharge Control 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in subsection D of this section, including training outlines and training records; 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition) or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized non -storm water discharges. "Structural post -construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters or to prevent or reduce erosion downstream from the project. All treatment control BMPs are structural post - construction BMPs. "SWRCB" means the State Water Resources Control Board. "Surface waters plan" means the "California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California" adopted by the state Water Resources Control Board, April 11, 1991 or the most current amendments thereto. "Treatment Control BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any other physical, biological, or chemical process. "Treatment control" has the same meaning. "Tributary to an impaired water body" means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters: 1. The storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge to the impaired water; 2. A flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or 3. An ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events. "Urban run-off means all flows in a storm water conveyance system in the City other than point source discharges in violation of a site -specific NPDES permit. Urban run-off includes, but is not limited to, storm water, exempt non -storm water discharges and illicit discharges. "Water main" means a potable or recycled water delivery line greater than or equal to four inches in diameter. "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. Ordinance No. 2008-2308 8 Storm Water Management and Discharge Control "Water quality standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the state or United States Environmental Protection Agency to protect those uses. "Waters of the United States" means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters tributary to "navigable" waters and adjacent wetlands). 14.22.040 General provisions. A. Responsibility for Administration. This chapter shall be administered for the City by its authorized enforcement officials. B. Effective Date. This chapter shall be effective March 20, 2008. C. Construction and Application. This chapter shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations and NPDES Permit No. CAS1O8758 and any amendments, revision or reissuance thereof and SUSMP. This chapter is not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute or other provision of law. The requirements of this chapter should be considered minimum requirements and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm water and non -storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by the RWQCB. D. Recycled Water. This chapter is not intended to prohibit or prevent the use of recycled water or the discharge of recycled water after use. This chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment. E. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the remaining sections shall remain valid. F. City Permits and Approvals. 1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating how the requirements of this chapter will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this chapter: Conditional use permit (including modification or extension) Coastal development permit Parcel map (and modifications) Reclamation plan Planned development permits Planned unit development permits Planning commission approval of plans Site plan review Tentative map (and amendments to conditions of approval or time extension) Tentative parcel map Variance. 2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the manual will be met and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements: Ordinance No. 2008-2308 9 Storm Water Management and Discharge Control Administrative clearing permit Lot line adjustment Final map modification Grading plan (including modification or renewal) Improvement plan (including modification) Landscape plan Building permit Construction right-of-way permit Encroachment permit Excavation permit On -site wastewater system permit Underground tank permit Well permit G. Guidance Documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illicit connections and illegal disposal. These guidance documents may set out additional compliance altematives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this chapter. These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activity and land development activity to prevent or control pollution to the MEP. Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger or proposed in a grading plan, a storm water pollution prevention plan (SWPPP), an enforcement settlement offer or any other submittal to the City, are BMPs that will prevent or control pollution to the MEP. These case -specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case -specific decisions authorized by this chapter. 14.22.050 Reduction of pollutants in storm water --Minimum requirements. Any person engaged in activities, which will or may result in pollutants entering the City storm water conveyance system shall undertake all measures to reduce such pollutants to the MEP. The following minimum requirements shall apply: A. Business -related Activities. All owners or operators of premises where pollutants from business related activities may enter the storm water conveyance system must reduce any such pollutants as are generated from said premises to the MEP. The authorized enforcement official may require the business to develop and implement a SWPPP, as defined in Section 14.22.090 of this chapter. Examples of business related activities are maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading and/or cleanup procedures which are carried out partially or wholly out of doors. B. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the City storm water conveyance system to the MEP, but not less than once prior to each rainy season. Sweepings Ordinance No. 2008-2308 10 Storm Water Management and Discharge Control or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. C. BMPs for New Developments and Redevelopments. Any person performing construction work in the City shall prevent, to the MEP (maximum extent practicable), pollutants from entering the storm water conveyance system by complying with Section 7013 of the 1991 Uniform Building Code as amended by Chapter 15.70 of this code, the Standard Specifications for Public Works Construction Manual and applicable provisions of the general construction activity storm water NPDES permit issued by the State Water Resources Control Board (SWRCB) and the SUSMP. The City Engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. D. Compliance with NPDES Storm Water Permits. Each industrial discharger, discharger associated with construction activity or other discharger subject to any NPDES storm water permit addressing such discharges, as adopted by the United States Environmental Protection Agency, the SWRCB or the RWQCB, shall comply with and undertake all other activities required by any storm water permit applicable to such discharges, including but not limited to, the SWRCB statewide general industrial and general construction activity storm water permits and the RWQCB general de -watering permits. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. E. Compliance with BMPs. Every person owning or operating any activity, operation or facility will comply with storm water BMPs adopted by federal, state, regional or local agencies, as applicable. 14.22.060 Watercourse protection. A. Every person owning property through which a watercourse passes or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; 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; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. B. No person shall commit or cause to be committed any of the following acts, unless a written permit has been obtained from the City Engineer and the appropriate state or federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to a watercourse; 2. Modify the natural flow of water in a watercourse; 3. Carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank; 4. Deposit in, plant in or remove any material from a watercourse including its banks, except as required for necessary maintenance; 5. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow or to cause a probability of such material being carried away by storm water passing through such a watercourse. Ordinance No. 2008-2308 11 Storm Water Management and Discharge Control 7. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game stream alteration permit process. 14.22.070 Illicit connection and illegal discharge of pollutants --Prohibited. A. Illegal Discharges. The discharge of pollutants directly or indirectly into the storm water conveyance system or receiving waters in non -storm water is prohibited, except as exempted in Section 14.22.080 of this chapter. The discharge of pollutants directly or indirectly into the storm water conveyance system or receiving waters in storm water is prohibited, unless the applicable requirements of this chapter have been met. B. Illicit Connection. It is prohibited to establish, use, maintain or continue illicit connections to the City storm water conveyance system, regardless of whether such connections were made under a permit or other authorization or other authorization or whether permissible under the law or practices applicable or prevailing at the time of connection. C. Litter, Dumps and Stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. 14.22.080 Exceptions to discharge prohibition. The following discharges are exempt from the prohibition: A. Separately Permitted Discharges. Storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste discharge requirements permit or under a general NPDES permit (including the state general industrial storm water permit or state general construction storm water permit), are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB. Except as provided in Section 14.22.040(C), these discharges are not otherwise exempted from this chapter. B. Categorically Allowed Discharges Subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this chapter, but dischargers must install, implement and maintain the applicable BMPs set out in Section 14.22.090 of this chapter: 1. Discharges from potable water sources other than water main breaks; 2. Diverted stream flows (provided required permits are obtained); 3. Flows from riparian habitats and wetlands; 4. Foundation drains (not including active groundwater dewatering systems); 5. Individual residential washing of vehicles; 6. Irrigation water including recycled water used for irrigation; 7. Landscape irrigation; 8. Lawn watering; 9. Rising ground water; 10. Swimming pool discharges (if dechlorinated to less than one PPM chlorine); 11. Uncontaminated ground water infiltration to storm drains; 12. Uncontaminated pumped ground water; 13. Water from crawl space pumps; and 14. Water from footing drains (not including active groundwater dewatering systems). C. Categorically Allowed Discharges Not Subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this chapter and are not subject to Section 14.22.090: 1. Air conditioning condensation; 2. Flows from emergency fire fighting activities; Ordinance No. 2008-2308 12 Storm Water Management and Discharge Control 3. Springs; and 4. Water line flushing. D. Exemptions to Protect Public Health and Safety. Discharges determined by any authorized enforcement official to be necessary to protect public health and safety are exempt from discharge prohibitions established by this chapter, provided any conditions on such discharges imposed by the authorized enforcement official are satisfied. In emergency circumstances, the determination of an authorized enforcement official that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official. In non -emergency situations, a prior written determination is required to exempt a discharge. E. On -site Wastewater Systems. Discharges to the subsurface from permitted properly functioning on -site wastewater systems are not prohibited by this chapter. F. Exemptions Not Absolute. Any discharge category described in subsection (B) above that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm water conveyance system or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. A. Applicable Requirements. All dischargers in the City must comply with the generally applicable prohibitions and requirements in Sections 14.22.010 through 14.22.080 of this chapter and must also comply with any other parts of this chapter (including relevant parts of the manual) that are applicable to the type of facility or activity owned or operated by that discharger. B. Minimum BMPs for All Dischargers. All dischargers in the City must install, implement and maintain at least the following minimum BMPs: 1. Eroded Soils. Prior to the rainy season, dischargers must remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the storm water conveyance system or receiving waters during the rainy season. 2. Pollution Prevention. Dischargers employing ten or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous. 3. Prevention of Illegal Discharges. Illicit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed) and illegal discharge practices eliminated. 4. Slopes. Completed slopes that are more than five feet in height, more than two hundred fifty square feet in total area and more than a three -to -one run -to -rise ratio in grade that have been disturbed at any time by clearing, grading or landscaping shall be protected from erosion prior to the first rainy season following completion of the slope and continuously thereafter. 5. Storage of Materials and Wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water or contains contaminated runoff for treatment and disposal. 6. Use of Materials. All materials with the potential to pollute urban runoff (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, Ordinance No. 2008-2308 13 Storm Water Management and Discharge Control pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the storm water conveyance system. C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances. D. Storm Water Pollution Prevention Plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit a SWPPP for approval by that official if: 1. The discharger does not come into compliance with this chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or 2. The facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this chapter. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement and maintain the BMPs specified in the approved SWPPP. The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the state NPDES general industrial storm water permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the City shall at a minimum meet the requirements of the state NPDES general construction storm water permit. If a facility required to submit a SWPPP to the City discharges non -storm water to groundwater, the facility shall obtain a RWQCB permit as required by the state water code and shall describe the requirements of that permit in the SWPPP. Whenever submission of a SWPPP is required pursuant to this chapter, an authorized enforcement official may take existing City BMPs into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP. E. Notification of Spills, Releases and Illegal Discharges. Spills, releases and illegal discharges of pollutants to receiving waters or to the storm water conveyance system shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within twenty-four hours of discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge. F. Sampling, Testing, Monitoring and Reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring and reporting required by this chapter. In addition, an authorized enforcement official may order a discharger to conduct testing or monitoring and to report the results to the City if (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) Ordinance No. 2008-2308 14 Storm Water Management and Discharge Control repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the City to provide any information related to the dischargers activities. Testing and monitoring ordered pursuant to this subsection may include the following: 1. Visual monitoring of dry weather flows, wet weather erosion and/or BMPs; 2. Visual monitoring of premises for spills or discharges; 3. Laboratory analyses of storm water or non -storm water discharges for pollutants; 4. Background or baseline monitoring or analysis; and 5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger). The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported and may determine when required sampling, testing or monitoring may be discontinued. G. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action and to submit a summary of completed mitigation by a specified date. 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. A. Applicable Requirements. The requirements in this section apply to all residential dischargers within the City. All residential dischargers must install, implement and maintain the BMPs identified in Section 14.22.090(B) for all dischargers and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger. B. Motor Vehicle or Boat Repair and Maintenance. 1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation. 2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly. 3. Automotive and boat materials and wastes must be stored indoors or under cover or in secure and watertight containers. C. Motor Vehicle Washing. 1. Vehicles shall be washed over porous surfaces such as gravel areas where feasible. 2. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 3. The use of "hose off or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly. 4. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. D. Motor Vehicle Parking. Ordinance No. 2008-2308 15 Storm Water Management and Discharge Control 1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming or sweeping). 2. Residents shall move vehicles from streets when notified to do so to allow street cleaning. E. Home and Garden Care Activities and Product Use. 1. Irrigation systems should be adjusted to avoid excessive runoff. 2. Spills of gardening chemicals, fertilizers or soils to non -porous surfaces must be cleaned up and properly disposed. 3. Lawn and garden care products must be stored in closed labeled containers; or in covered areas; or off the ground under protective tarps. 4. Household hazardous waste may not be disposed of directly or indirectly to the trash or to the street, gutter or storm drain. 5. Lawn waste (green waste) may not be disposed of directly or indirectly to the street, gutter, or storm water conveyance system. F. Home Care and Maintenance. 1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters. 2. Action shall be taken to minimize and contain all spills of hazardous materials, if it is safe to do so. 3. Household hazardous materials must be stored indoors or under cover and in closed and labeled containers. 4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 5. Trash and other unwanted household items may not be disposed of to the street, gutter, or storm water conveyance system. G. Manure and Pet Waste Management. 1. Manure deposited by horses and large animals within an enclosure or on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least once weekly and either be composted or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system. 2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system. 3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters. H. Private Sewer Laterals and On -site Wastewater Systems. 1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On -site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills. 2. Spills from private sewer laterals and on -site wastewater systems shall be contained and cleaned -up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters. 3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the City. 4. Failed on -site wastewater systems shall be repaired or replaced after issuance of all required permits and approvals. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of Ordinance No. 2008-2308 16 Storm Water Management and Discharge Control additional controls for residential dischargers tributary to 3O3(d) listed water body segments where the residential area or activity generates pollutants for which the water body segment is impaired or for residential dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. A. Application of Requirements. All regulated commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger, as applicable. All regulated commercial dischargers shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Commercial Dischargers Identified. As required by NPDES Permit No. CASO108758, facilities in the City having one or more of the following characteristics are regulated commercial facilities: 1. The facility is a regulated commercial discharger if it is engaged in one or more of the following commercial activities: Airplane mechanical repair, maintenance, fueling or cleaning Motor vehicle (or other vehicle) parking lots and storage facilities Motor vehicle and other vehicle body repair or painting Motor vehicle mechanical repair, maintenance, fueling or cleaning Boat mechanical repair, maintenance, fueling or cleaning Botanical or zoological gardens and exhibits Cement mixing or cutting Cemeteries Eating or drinking establishments, including food markets Equipment repair, maintenance, fueling or cleaning Golf courses, parks and other recreational areas/facilities Landscaping Marinas Masonry Mobile motor vehicle or other vehicle washing Mobile carpet; drape or furniture cleaning Nurseries and greenhouses Painting and coating Pest control services Pool and fountain cleaning Portable sanitary services Retail or wholesale fueling Building material retailers and storage Animal facilities Power washing services 2. All other commercial dischargers not mentioned in 14.22.110(B)(1), tributary to a CWA Section 303(d) impaired water body segment, for which the City has determined the facility or activity generates pollutants for which the water body segment is impaired. Ordinance No. 2008-2308 17 Storm Water Management and Discharge Control 3. Commercial dischargers discharging directly to receiving waters within ESAs. 4. All other commercial dischargers that the City determines may contribute a significant pollutant load to the storm water conveyance system. C. Additional Minimum BMPs for All Regulated Commercial Dischargers. All regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual the following areas, as applicable: 1. Employee training; 2. Storm drain tileage and signing; 3. Annual review of facilities and activities; 4. Pollution prevention; and 5. Good housekeeping. D. Additional Minimum BMPs for Specific Activities Conducted by Regulated Commercial Dischargers. Regulated commercial dischargers shall install, implement and maintain the BMPs specified in the manual for all locations, if any, where any of the following activities are conducted: 1. Vehicle and equipment operations; 2. Materials and waste management (including tanks); and 3. Outdoor work and storage functions. E. Additional Minimum BMPs for Specific Types of Regulated Commercial Facilities and Activities. Regulated commercial dischargers, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the manual for each such type of facility or activity. BMPs must be installed, implemented and maintained for all applicable specific facility or activity types regardless of whether that activity is the primary activity of the regulated commercial discharger. 1. Automobile, other vehicle, or equipment repair, maintenance, fueling, or cleaning; 2. Boat repair, maintenance, fueling, or cleaning, including marinas; 3. Automobile or other vehicle body repair or painting; 4. Automobile or other vehicle parking and storage; 5. Painting and coating; 6. Eating and drinking establishments, including food markets; 7. Parking lots and storage facilities; 8. Cement mixing and cutting and masonry; 9. Mobile carpet, drape, and furniture cleaning; 10. Pool and fountain cleaning; 11. Portable sanitary servicing; 12. Mobile vehicle washing; 13. Pest control; 14. Landscaping, including cemeteries, botanical gardens, golf courses, and parks; 15. Nurseries and greenhouses; 16. Building materials retailers and storage; 17. Animal facilities, including zoological gardens; and 18. Power washing. F. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for commercial dischargers tributary to 303(d) listed water body segments where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of Ordinance No. 2008-2308 18 Storm Water Management and Discharge Control BMPs more stringent than the applicable minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in Section 14.22.090 of this code. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. A. Application of Requirements. All regulated industrial dischargers must install, implement and maintain at least the applicable additional minimum BMPs, if any, specified in this section or in the manual for the category of activity or facility owned or operated by that discharger. All regulated industrial dischargers shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. Regulated Industrial Dischargers Identified. Dischargers that meet one or more of the criteria listed below are regulated industrial dischargers: 1. The facility is an industrial discharger, as defined in 40 CFR § 122.26(b)(14), including those subject to the state industrial general storm water permit or other individual NPDES permit 2. The facility is an operating and/or closed landfill. 3. The facility is subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). 4. The facility is a hazardous waste treatment, disposal, storage, and/or recovery facility. 5. The facility is an industrial discharger tributary to a 303(d) listed water body and the facility generates a pollutant for which that water body is impaired. 6. The facility is a regulated industrial facility and is located within or directly adjacent to (i.e., within 200 feet) or discharges directly to a coastal lagoon or a receiving water body within an ESA. C. Regulated industrial facilities must meet the applicable requirements set out in Section 14.22.040 through Section 14.22.090 for all discharges, the applicable requirements set out in Section 14.22.110 for regulated commercial facilities, any applicable requirements in Section 14.22.140, and the following practices: 1. Pollution Prevention Practices. Regulated industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff: a. The use of smaller quantities of toxic materials or substitution of less toxic materials; b. Changes to production processes to reduce waste; c. Decreases in waste water flows; d. Recycling of wastes as part of the production process; e. Segregation of wastes; and f. Treatment of wastes on site to decrease volume and/or toxicity. 2. Non-structural BMPs. Regulated industrial facilities shall incorporate into the SWPPP, and install, implement and maintain, the following nonstructural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the Manual. a. BMPs for material handling and storage of significant materials; b. BMPs for non -hazardous waste handling and recycling; c.Preventive maintenance practices; d. Self inspection and quality assurance practices; and e. Spill response planning. Ordinance No. 2008-2308 19 Storm Water Management and Discharge Control 3. BMPs for Specific Activities. Regulated industrial facilities shall install, implement and maintain BMPs as specified in the manual for any commercial activities conducted at the facility (as identified in Section 14.22.110) and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following: a. Raw or processed materials bulk storage; b. Mixing, where there is the potential for release of a pollutant; c. Cutting, trimming or grinding in connection with a production process; d. Casting, forging or forming; e. Hazardous materials storage (including tanks); f. Pesticide or other chemical products formulation or packaging; g. Process water pre-treatment; h. Solid waste storage; Waste water treatment; j. Welding; k. Blasting; Chemical treatment; m. Loading and unloading significant materials; 4. Additional Structural BMPs. Regulated industrial facilities shall install, implement and maintain one or more of the additional structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in run-off from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility. a. Overhead coverage of outdoor work areas or chemical storage; b. Retention ponds, basins or other impoundments that confine storm water to the site; c. Berms and concrete swales or channels that divert run-on and runoff away from contact with pollutant sources; and d. Treatment controls to reduce pollutants in storm water or authorized non -storm water discharges. The design of proposed treatment controls must be approved by the City Engineer prior to implementation. Maintenance of treatment controls shall be the responsibility of the property owner. D. Additional Requirements for Regulated Industrial Dischargers Subject to the State Industrial General Storm Water Permit. 1. Notice of Intent. Industrial dischargers required to comply with the state industrial general storm water permit shall maintain on site and make available for inspection on request by the City the state -issued waste discharge identification number (WDID) for the facility and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the City by mail if directed to do so by an authorized enforcement official. Regulated industrial dischargers which are potentially subject to the State industrial general storm water permit that have determined they do not require coverage under that permit must prepare and retain on site, and make available for inspection, a written report documenting and explaining that determination. 2. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state general industrial storm water permit must prepare the plan, implement the plan and maintain it at the site readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this chapter. E. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for industrial dischargers tributary to 303(d) listed water body segments Ordinance No. 2008-2308 20 Storm Water Management and Discharge Control where the facility or activity generates pollutants for which the water body segment is impaired or for commercial dischargers within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in Section 14.22.090 of this code. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. Municipal facilities must meet the requirements set out in Sections 14.22.010 through 14.10.090 and, where applicable, Sections 14.22.150 and 14.22.160 of this chapter. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in Section 14.22.120 or in the manual, for industrial areas and activities at the municipal facility. 14.22.140 City best management practices manual. A. Effect of Manual. All dischargers who are required by this chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the manual, for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this chapter must conform to the applicable specifications, if any, set out in this manual. B. Existing Facilities. The manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the manual for a type and category of facility or activity, only the requirements set out in this chapter are applicable. C. Ministerial Land Development Projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in subsection 14.22.040(F)(2) of this chapter are set out in separately identified sections of the manual. Other requirements in the manual are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this chapter as residential, commercial or industrial facilities. D. Discretionary Land Development and Redevelopment Projects. The manual sets out minimum BMPs, other objective specifications and water quality standards for land development projects requiring one or more of discretionary permits listed in subsection 14.22.040(F)(1) of this chapter. The minimum BMPs and other objective specifications in the manual are applicable to both ministerial and discretionary land development projects. The BMPs in the manual are applicable to projects that require a discretionary City permit or approval and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards. E. Conflicting or More Detailed Requirements. In case of any conflict between any applicable minimum BMPs specified in this chapter and any applicable requirements described in more detail for a particular type of facility or activity in the manual, the requirement in the manual shall prevail. 14.22.150 Additional requirements for land disturbance activity. A. Permit Issuance. No land owner or development project proponent shall receive any City grading, clearing, building or other land development permit required for land disturbance activity without first meeting the requirements of this chapter with respect to the Ordinance No. 2008-2308 21 Storm Water Management and Discharge Control portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and Operators Both Responsible and Liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the City, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. C. Storm Water Management Plan. All applications to the City for a permit or approval associated with a land disturbance activity must be accompanied by a storm water management plan, on a form or in a format specified by the City. The storm water management plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection (D) below. D. Additional Minimum BMPs for Land Disturbance Activity. Whether a City permit or approval is required or not and whether a Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land disturbance activity shall implement BMPs as detailed in the manual in the following additional areas if applicable to the project: 1. Erosion control on slopes 2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas 3. Runoff velocity reduction 4. Sediment control 5. Offsite sediment tracking control 6. Materials management 7. Waste management 8. Vehicle and equipment management 9. Water conservation 10. Structure construction and painting 11. Paving operations 12. Dewatering operations 13. Planned construction operations 14. Downstream erosion control 15 Prevention of non -storm water discharges 16. Protection of ground water E. Control to the MEP. All dischargers engaged in land disturbance activity must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. F. Notice of Intent. Dischargers required to comply with the state construction general storm water permit shall maintain on site and make available for inspection on request by the City any state -issued waste discharge identification number (WDID) for the site and a copy of the notice of intent (NOI) filed with the SWRCB pursuant to that permit. G. Storm Water Pollution Prevention Plan. Dischargers required to prepare a SWPPP under the state general construction storm water permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this chapter. H. Facility Monitoring. Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site and make such records available for inspection by an authorized enforcement official. Additional Controls. Where necessary to prevent discharges from causing or contributing to violations of water quality standards, the City may require the implementation of additional controls for dischargers engaged in land disturbance activity tributary to 303(d) listed Ordinance No. 2008-2308 22 Storm Water Management and Discharge Control water body segments where the land disturbance area or activity generates pollutants for which the water body segment is impaired or for dischargers engaged in land disturbance activity within or directly adjacent to or discharging directly to receiving waters within ESAs. Additional controls may include but are not limited to implementation of BMPs more stringent than the applicable minimum BMPs listed in this chapter. 14.22.160 Additional planning, design and post -construction requirements for all land development and redevelopment protects. A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City permit or approval listed in Section 14.22.040(F) of this chapter for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter. Post -construction BMP requirements imposed by this section and by the manual shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid City permit or approval, at the time a complete application for a subsequent permit or approval is submitted. B. Owners and Developers Responsible and Liable. Developers, development project proponents and land owners for land on which land development activity is performed are dischargers for purposes of this chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. C. Post -Construction BMPs Required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality and will not cause or contribute to an exceedance of receiving water quality objectives. D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds and vegetated filter strips, shall be utilized whenever practicable for post - construction BMPs that are proposed by a discharger. E. Post -Construction Storm Water Management Plan. All applications to the City for a permit or approval associated with a land development or redevelopment activity must be accompanied by a post -construction storm water management plan on a form or in a format specified by the City. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by this chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the California Environmental Quality Act. Post -construction BMPs for other aspects of the project need not be addressed in this plan. F. Storm Water Management Plan Review Fee and Deposit. Fees for storm water management plan review and deposit thereof shall be adopted by resolution. G. Additional Minimum Post -Construction BMPS for Land Development Activity. Whether a permit or approval is required or not and whether a post -construction storm water management plan is required to be submitted or not, all dischargers engaged in land development or significant redevelopment activities in the City shall implement post -construction BMPs in the following areas if applicable to the project: 1. BMPs for permanent control of erosion from slopes. These BMPs can include structures to convey runoff safely from the tops of slopes, vegetation or alternative stabilization of all disturbed slopes, the use of natural drainage systems to the MEP, flow and velocity controls upstream of sites; and stabilization or permanent channel crossings, unless the crossing is not publicly accessible and is not frequently used. 2. BMPs to control flows, velocity and erosion. These BMPs can include but are not limited to the use of energy dissipaters, such as riprap, at the outlets of storm drains, Ordinance No. 2008-2308 23 Storm Water Management and Discharge Control culverts, conduits or lined channels that enter unlined channels to minimize erosion; installation of retention or equalization basins or other measures. Flow control and downstream erosion protection measures shall prevent any significant increase in downstream erosion as a result of the new development, but shall not prevent flows needed to sustain downstream riparian habitats or wetlands. 3. Pollution prevention and source control BMPs, to minimize the release of pollutants into storm water. 4. Low Impact Development (LID) site design BMPs, such as impervious surface minimization; and appropriate use of buffer areas to protect natural water bodies. 5. LID site planning BMPs, such as siting and clustering of development to conserve natural areas to the extent practicable. 6. The installation of storm drain tiles or concrete stamping and appropriate signage to discourage illegal discharges. 7. BMPs for trash storage and disposal and materials storage areas. 8. Treatment Control BMPs to treat and/or to infiltrate storm water where a development project would otherwise cause or contribute to a violation of water quality standards in receiving waters. Off -site structural BMPs may be used for treatment and infiltration necessary to meet water quality standards only if the conveyance of run-off to those facilities prior to treatment will not cause or contribute to an exceedance of water quality standards or deprive wetlands or riparian habitats of needed flows. Offsite facilities shall not substitute for the use of any on -site source control BMPs required by the manual. 9. When an infiltration BMP is used, related BMPs set out in the manual (including but not limited to siting constraints), to protect present uses of ground water and future uses of that ground water as currently designated in the applicable RWQCB Basin Plan. (Discharges to infiltration BMPs may also require an RWQCB permit and additional state requirements may also be applicable to these discharges.) 10. Other applicable BMPs required by the manual. H. Control to the MEP. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post -construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. 14.22.170 Maintenance of BMPs. A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this chapter. B. New Development. The owners and occupants of lands on which structural post - construction BMPs have been installed to meet the requirements of this chapter shall ensure the maintenance of those BMPs and shall maintain those BMPs by contract or covenant or pursuant to this chapter. The owners of lands on which BMPs have been installed to meet the requirements of this chapter and applicable SUSMP requirements are responsible for maintenance of those BMPs, shall enter into a BMP maintenance agreement contract or equivalent agreement with the City, and shall provide annual verification that appropriate maintenance is conducted for all treatment control BMPs. C. Maintenance Obligations. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this chapter as part of a development permit application and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this chapter. D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to Ordinance No. 2008-2308 24 Storm Water Management and Discharge Control maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this chapter. E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer and shall record that obligation so that the BMP will run with the land. F. Maintenance Plans for Land Development Projects. The proponents of any land development project, or significant redevelopment project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all post -construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post -construction structural BMPs at least annually and for the retention of inspection and maintenance records for at least three years. G. Access Easement/Agreement. The proponents of any land development project, or significant redevelopment project that requires a discretionary City permit, shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post -construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs. H. Security for Maintenance for Land Development Projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. 14.22.180 Inspection and sampling. A. Regulatory Inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by the facility owner or operator or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Access Easements. When any new structural BMP is installed on private property as part of a project that requires a City permit, in order to comply with this chapter, the property owner shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter. C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained and whether the facility or activity complies with the other requirements of this chapter. This may include but may not be limited to sampling, metering, visual inspections and Ordinance No. 2008-2308 25 Storm Water Management and Discharge Control records review. Where samples are collected, the owner or operator may request and receive split samples. Records, reports, analyses or other information required under this chapter may be inspected and copied and photographs taken to document a condition and/or a violation of this chapter. 14.22.190 Enforcement. The City Engineer shall be the primary enforcement official for this chapter. When appropriate or necessary, this chapter may also be enforced by any other official or officer who is charged by the municipal code with code enforcement authority. The enforcement of this chapter shall be accomplished in the same manner as provided in Chapter 7.32 of this code except that reference to the term "code conformance officer" in Chapter 7.32 shall include the enforcement official as defined in this chapter and that all references to "Title 7" shall mean this storm water management and control ordinance for the purposes of enforcement of this chapter only. The authorized enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: 1. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illicit storm -water discharge to the storm water conveyance system. Upon request, split samples shall be given to the person from whose property or vehicle the samples were obtained; 2. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illicit discharge to the storm water conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle; 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illicit discharge or whether the requirements of this chapter are met; 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection; 5. Review and obtain a copy of the storm water pollution prevention plan prepared by an owner and/or occupant or facility operator, if such a plan is required; 6. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty days; 7. Review and obtain copies of all storm water monitoring data complied by the owner and/or occupant or facility operator, if such monitoring is required; 8. The authorized enforcement official may issue warning notices to any person owning or occupying a premise to clean up and abate any release of pollutants on the premise, which may result in a violation of this chapter. The authorized enforcement official may also order the abatement of pollutant storage practices, which may reasonably result in such a violation; 9. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the storm water conveyance system and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP. 10. Enter upon and conduct inspections or samplings as may be required of any premises, facilities or equipment, including monitoring and control equipment, to ensure compliance with the SUSMP and Jurisdictional Urban Runoff Management Program (JURMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to Ordinance No. 2008-2308 26 Storm Water Management and Discharge Control allow such inspection upon presentation of official credential is conferred and shall be exercised pursuant to Chapters 1.12 and 1.20 of this code. 14.22.200 Enforcement authority. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows. A. Administrative Authorities. 1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in Chapter 1.48. Administrative penalties may include the recovery of fines assessed against the City of National City by the RWQCB. Any later -enacted administrative penalty provision in this code shall also be applicable to this chapter, unless otherwise provided therein. 2. Cease and Desist Orders. Written and/or verbal orders pursuant to Section 1.12.030 may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official. 3. Notice and Order to Clean, Test or Abate. Written and/or verbal orders may be issued to perform any act required by this chapter. 4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety and welfare; and constitute a public nuisance. If actions ordered under subsections 14.22.200(A) (2) and (3) are not performed, the authorized enforcement official may abate any public nuisance pursuant to this code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure. 5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing in accordance with Section 1.12.030 served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. 6. Permit Suspension or Revocation. Violations of this chapter may be grounds for permit and/or other City license suspension or revocation in accordance with this code. B. Judicial Authorities. 1. Civil Penalties and Remedies. The City Attorney is hereby authorized to file criminal and civil actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this section and in Section 14.22.220 of this chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. 2. Injunctive Relief. The City may enforce compliance with this chapter by judicial action for injunctive relief. 3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter. 14.22.210 Other acts and omissions that are violations. In addition to the violations identified in Sections 14.22.010 through 14.22.200 of this chapter, the following acts and Ordinance No. 2008-2308 27 Storm Water Management and Discharge Control omissions are violations of this chapter, whether committed by a discharger or by another person or entity: A. Causing, Permitting, Aiding or Abetting Noncompliance. Causing, permitting, aiding or abetting noncompliance with any part of this chapter constitutes a violation of this chapter. B. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure; any submission of a report that omits required material facts without disclosing such omission and any withholding of information required to be submitted by or pursuant to this chapter in order to delay City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter. C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter. D. City Permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to this chapter; any failure to comply with storm water -related provisions of a City -issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water related provisions in any other City permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "storm water -related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating run-off flows rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. 14.22.220 Penalties. A. Administrative Penalties. Administrative penalties may be imposed pursuant to this code. Any later -enacted administrative penalty provision in the Code shall also be applicable to violations of this chapter, unless otherwise provided therein. B. Misdemeanor Penalties. Non-compliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in the Penal Code and Government Code of the state of California and this code. D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the City. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: 1. Injunctive relief; 2. Costs to investigate, inspect, monitor, survey or litigate; 3. Costs to place or remove soils or erosion control materials, costs to correct any violation and costs to restore environmental damage or to end any other adverse effects of a violation; 4. Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations; 5. Civil penalties; 6. Reasonable attorney fees; and 7. Fines assessed against the City by the RWQCB. Ordinance No. 2008-2308 28 Storm Water Management and Discharge Control As part of a civil action filed by the City to enforce provisions of this chapter, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require. E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. 14.22.230 Restrictions and conditions on issuance of ministerial and discretionary development permits. All development permits issued by City departments shall be subject to review and compliance with SUSMP and best management practices for storm water management. The City Engineer may require conditions for SUSMP compliance for development permit issuance, and no permit shall be issued by any department or City agency without those conditions being incorporated into the permit. Conditions which may be required for new construction, alterations to existing structures, land grading or excavation may include, but shall not be limited to the following: 1. Installation of rain gutters, brow ditches, curbing and berms; 2. Drainage flow, flow redirection and directional flow control; 3. Installation of French drains; 4. Installation of clarifiers, filters or liquid traps; 5. Installation of reservoirs, holding and settling tanks or filtration systems; 6. Maintenance and monitoring programs and adequate funding for required systems and programs; 7. Payment of program compliance monitoring fees; 8. Any other requirements as may reasonably and rationally relate to meeting SUSMP objectives and requirements. This authority shall also include the right to require monitoring and compliance programs on each project to be guaranteed by adequate security and servitudes or conditions running with the land on which the project is located to be recorded with the county recorder. If an off -site system is used, appropriate easements shall be required to be obtained and recorded against that site to ensure the maintenance and inspection of any required system and its installed facilities on the project site. PASSED and ADOPTED this 19th day of Febru. 008. on Mornson, Mayor ATTEST: APPROVED AS TO FORM: Mic ael R. Dalla, ty Clerk George H. Eiser, III City Attorney Ordinance No. 2008-2308 29 Storm Water Management and Discharge Control Passed and adopted by the Council of the City of National City, Califomia, on February 19, 2008, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: x City CI rk of the City of ational City, California By: RON MORRISON Mayor of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on February 5, 2008, and on February 19, 2008. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2008-2308 of the City Council of the City of National City, passed and adopted by the Council of said City on February 19, 2008. By: City Clerk of the City of National City, California Deputy