HomeMy WebLinkAbout1997-02-04; City Council; NS-394; CMC 1.08.010 amend/15.12 add - Storm water mgmt & discharge control...1
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ORDINANCE NO. NS-394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW
CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND
DISCHARGE CONTROL.
WHEREAS, an ordinance providing the City of Carlsbad with the legal authority to
its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order Nc
issued by the California Regional Water Quality Control Board, San Diego Region; and,
WHEREAS, reducing pollution in the City’s stormwater conveyance system may
and enhance the water quality of local watercourses, water bodies, and wetlands in a I
consistent with the Clean Water Act; and,
WHEREAS, the revised proposed Storm Water Management and Discharge
Ordinance is not considered a project and is not subject to review per Sections 15378(
15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Cal
does ordain as follows:
SECTION 1: That Q 1.08.010 (a) of the Carlsbad Municipal Code be amended
“15.12 to the list of Chapters designated.
SECTION 2: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is enac
read as follows:
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CHAPTER 1 5.12
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
15.12.010
15.12.020
15.12.030
15.12.040
1:5.12.050
1!5.12.060
15.12.070
15.12.080
15.12.090
15.12.100
15.12.110
15.12.120
15.12.130
15.12.140
15.12.150
15.12.160
15.12.170
15.12.180
15.12.190
Purpose and Intent Definitions
Administration
Construction and
Application
Discharge of Pollutants
Discharge in Violation of
Permit Illicit Connections
Reduction of Pollutants
Contacting or Entering
Storm Water Required
Watercourse Protection
Authority to Inspect
Inspection Procedures--
Additional Requirements
Containment, Cleanup,
and Notification of Spills
Testing, Monitoring or Mitigation Required--
When.
Concealment
Administrative
Enforcement Powers
Administrative Notice,
Hearing, and Appeal
Procedures
Judicial Enforcement Violations Deemed a Public Nuisance
Remedies Not Exclusive
15.12.010 Purpose and Intent.
The purpose of this Chapter is to ensure
the future health, safety, and general welfare
of the residential, commercial, and industrial
sectors of the City of Carlsbad by:
A. Prohibiting non-storm water discharges to the storm water conveyance
system.
B. Eliminating discharges to the storm
water conveyance system from spills,
dumping or disposal of materials other than
storm water or permitted or exempted
discharges.
C. Reducing pollutants in storm water
discharges, including those pollutants taken
up by storm water as it flows over urban
areas (Urban Runoff), to the maximum
I extent practicable.
D. Reducing pollutants in storr
discharges in order to achieve ap
water quality objectives for surface N
San Diego County.
The intent of this ordinance is to
and enhance the water quality
a manner pursuant to and consist€
the Clean Water Act and California F
Water Quality Control Board NPDES
No. CA0108758, Order 90-42 at
amendment, revision or reissuance tt
15.12.020 Definitions.
When used in this Chapte
following terms shall have the mc
ascribed to them in this Section:
A. "Basin Plan" means
Comprehensive Water Quality Contn
for the San Diego Basin adopted
Regional Water Quality Control Boar
Diego Region (July 1975) and appro the State Water Resources Control
together with subsequent amendment:
B. "Best Management Practic
(BMP)" means schedules of ac
prohibitions of practices, general
house keeping practices, PC
prevention and educational prz
maintenance procedures, and
management practices to prevent or I
to the maximum extent practicable
the discharge of pollutants direc
indirectly to waters of the United St
BMPs also include treatment require1 operating procedures, and practic
control plant site runoff, spillage or
sludge or waste disposal, or drainage
raw materials storage.
C. "Building Permit" shall mf
permit issued pursuant to Chapter 18.C
D. "California Ocean Plan" mear
California Ocean Plan: Water C
Control Plan for Ocean Waters of Cal
adopted by the State Water Resc
Control Board September 1991 anc subsequent amendments.
E. "Clean Water Act" shall mea
Federal Water Pollution Control Act en
by Public Law 92-500, as amende
watercourses, water bodies, and wet\
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Public Laws 95217, 95576, 96-483, and 95117 (33 USCA Section 1251 et seq.), and
any subsequent amendments.
F. "County Health Officer" shall mean
the Health Officer of the County of San
Diego Department of Public Health or
designee.
~
G. "Development" shall mean:
1. The placement or erection of
any solid material or structure on land, in
water, or under water;
2. The discharge or disposal of any
dredged material or of any gaseous, liquid, solid, or thermal waste:
3. The grading, removing,
dredging, mining, or extraction of any
materials;
4. A change in the density or
intensity of the use of land, including, but not
limited to, a subdivision pursuant to the
Subdivision Map Act (Government Code
Section 66410, et seq.) and any other
division of land, except where the division of
land is brought about in connection with the
purchase of such land by a public agency for
public recreational use;
5. A change in the intensity of the
use of water, or of access thereto;
6. The construction,
reconstruction, demolition, or alteration of the size of any structure, including any
facility of any private, public, or municipal
entity; and,
7. The removal or harvesting of
major vegetation other than for agricultural
purposes.
As used in this definition, "structure"
includes, but is not limited to, any building,
road, pipe, flume, conduit, siphon, aqueduct,
telephone line, and electrical power
transmission and distribution line. (Source:
Government Code Section 65927).
H. "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 mate
3. Mitigation of spills i
wastes to prevent spillage.
spill response, containment and
procedures.
4. Visual monitoring of all
streams to ensure that no illicit dis
enter the storm water conveyance sy
5. Discussion of the difl
between the storm water con
system and the sanitary sewer systel
connections to the storm water con
system.
7. Preventive maintenan
good housekeeping procedures.
8. Material man:
practices employed by the facility to
or eliminate pollutant contact witt
water discharge.
I. "Enforcement Agency# shall n
City of Carlsbad or its authorized
charged with ensuring compliance \
Chapter. J. "Enforcement Official" shall n
City Manager or his or her designee.
K. "Hazardous Materials" shal
any substance or mixture of sub
which is toxic, corrosive, flamma irritant, a strong sensitizer, or ge pressure through decomposition, I other means, if such a substance or
of substances may cause substanti:
serious illness or harm to humans, d
livestock, or wildlife.
L. "Illicit Connection" mear
un-permitted or undocumented i.
connection to the storm water conv system which has not been approvec
City of Carlsbad, or any connectior
drains illegal discharges either dirc
indirectly into a storm water conv
system.
M. "Illegal Discharge" mean
non-permitted or non-exempt dischi
the storm water conveyance system
not composed entirely of storm watc
expressly prohibited by federal, st,
local regulations, laws, code!
ordinances, or degrades the quz
receiving waters in violation of Basir
and California Ocean Plan standards.
N. "Maximum Extent Practicablc mean, with respect to Best Mana! Practices (BMPs), an individual B
group of BMPs which address a Poll(
6. Identification of all
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concern, which have a cost of
implementation reasonably related to the
pollution control benefits achieved, and
which are technologically feasible.
0. "National Pollution Discharge
Elimination System (NPDES) Permit" shall
mean a permit issued by the Regional Water
Quality Control Board or the State Water
Resources Control Board pursuant to
Chapter 5.5, Division 7 of the California
Water Code, to control discharges from point
sources to waters of the United States,
including, but not limited to:
1. California Regional Water Quality
Control Board NPDES Permit No.
CA0108758, Order 90-42 and any
amendment, revision or reissuance thereof.
2. NPDES General Permit for
Storm Water Discharges Associated with Industrial Activities'
3. NPDES General Permit for Storm Water Discharges Associated with
Construction Activity; and,
4. California Regional Water
Quality Control Board, San Diego Region,
General Dewatering Permits (Order
Numbers 91-10 and 90-31). P. "Non-Storm Water Discharge"
means any discharge to the storm water
conveyance system that is not entirely
composed of storm water.
Q. "NPDES General Permit'' shall
mean a permit issued by the State Water
Resources Control Board, including, but not
limited to:
1. NPDES General Permit for
Storm Water Discharges Associated with
Industrial Activities; and,
2. NPDES General Permit for
Storm Water Discharges Associated with
Construction Activity.
R. "Order No. 90-42", dated July 16,
1990, shall mean California Regional Water Quality Control Board NPDES Permit No.
CAO108758, Order 90-42 and any
amendment, revision or reissuance thereof, together with all amendments, and which is
on file in the office of the City Clerk.
S. "Parking Lot" shall mean an open
area, other than a street or other public way,
used for the parking of motorized vehicles,
whether for a fee or free, to accommodate
clients or customers or to accommodate
residents of multi-family dwellings (i.e.,
apartments, condominiums, townhomes,
mobile homes, dormitories, group
etc.). T. "Person" shall mean any ir
organization, business trust, c
partnership, entity, firm, as3 corporation, or public agency, inch Sate of California and the United !
America.
U. "Pollutant" includes, bL
limited to, solid waste, sewage,
medical waste, wrecked or a
equipment, radioactive materials,
spoil, rock, sand, industrial waste,
organic or inorganic substance defi
pollutant under 40 C.F.R. 122.2
presence degrades the quality
receiving waters in violation of Bi
and California Ocean Plan standa
as fecal coliform, fecal strept enterococcus, volatile organic (VOC), surfactants, oil and petroleum hydrocarbons, total
carbon (TOC), lead, copper, ct
cadmium, silver, nickel, zinc, (
phenols, and biocides.
A pollutant also includt
contaminant which degrades the c
the receiving waters in violation t
Plan and California Ocean Plan s
by altering any of the following para pH, total suspended and settleablc
biochemical oxygen demand
chemical oxygen demand (COD), r
and temperature.
V. "Premises" means any buil
parcel, real estate, land or portion
whether improved or unimproved.
W. "Receiving Waters" means
bodies of water, which serve as d
points for the storm water cor
system, including the Batiquitos
Agua Hedionda Lagoon and Buel
Lagoon and their tributary creeks, re
lakes, estuaries, and the Pacific Oce
X. "Storm Water" shall mean
runoff and drainage associated wii
events and snow melt prior to coni
urban areas, agricultural areas, and areas in which the natural environn
been significantly disturbed or altere
directly or indirectly, as a result oi
activity (also see definition for "Nc
Water").
For the purposes of this Chapte
Water runoff and drainage from ar
are in a natural state, have nl /I 3
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significantly disturbed or altered, either
directly or indirectly, as a result of human
activity, and the character and type of
Pollutants naturally appearing in the runoff
have not been significantly altered, either
directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and
shall satisfy the definition of "Storm Water"'
in this Chapter. Y. "Storm Water Conveyance System" includes, but is not limited to those municipal
facilities within the City of Carlsbad 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 or storm drains. Z. "Storm Water Pollution Prevention
Plan" means a document which describes
the on-site program activities to eliminate or
reduce to the maximum extent practicable,
pollutant discharges to the storm water
conveyance system.
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.
AA. "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.
BB. "Wet Season" means October 15
through April 15. CC. "Wetlands" shall mean areas that
are inundated or saturated by surface or
ground waters at a frequency and duration
sufficient to support, and that under normal
circumstances do support, a prevalence of
vegetation typically adapted for life in
saturated soil conditions. Wetlands
generally include swamps, marshes, bogs,
and similar areas. I
15.12.030 Administration
The Enforcement Official
administer, implement, and enfor
provisions of this Chapter. Any
granted to, or duties imposed up
Enforcement Official may be deleg the Enforcement Official to Person!
employ of the City, or pursuant to cc
When deemed necessary b:
Enforcement Official, the Enfol
Official shall prepare and present to
Council for approval regulations co
with the general policies establishec
by the City Council. The Enfol Official shall enforce Council a
regulations necessary to the admin of this ordinance, and may recommc
the Council amend such regulatiol
time to time as conditions require.
15.12.040 Construction and Appl
This Chapter shall be interprl
assure consistency with the requiren
the federal Clean Water Act ar
amendatory thereof or suppler
thereto, applicable implementing reg1
and California Regional Water
Control Board NPDES Permi
CAOl08758, Order 90-42 ant amendment, revision or reissuance tt
15.1 2.050 Discharge of Pollutant
The discharge of non-storm
discharges to the storm water conk
system or to any other conveyance
which discharges into receiving \II
prohibited, except as specified below:
A. The prohibition on dischargc
not apply to any discharge regulated
NPDES permit issued to the dischar!
administered by the State of Ci
pursuant to Chapter 5.5, Division 7
California Water Code, provided ti
discharger is in compliance 'JI
requirements of the permit anc
applicable laws and regulations.
B. Discharges from the fc
activities will not be considered a so
pollutants to waters of the United
when properly managed: water line fl
landscape irrigation; diverted stream
rising ground waters; uncontar
ground water infiltration [as definec
CFR 35.2005(20)] to storm
conveyance systems; uncontar pumped ground water; discharge: I 4
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potable water sources; foundation drains; air
conditioning condensation; irrigation water
springs; water from crawl space pumps;
footing drains; lawn watering; individual
residential car washing; flows from riparian
habitats and wetlands; dechlorinated
swimming pool discharges; and street wash
water.
C. The prohibition of discharges shall
not apply to any discharge which the City of Carlsbad or the county health officer, and/or
the Regional Water Quality Control Board
determine are necessary for the protection
of the public health and safety.
15.12.060 Discharge in Violation of
Any discharge that would result in or contribute to a violation of California
Regional Water Quality Control Board
NPDES Permit No. CA0108758, Order 90-42
and any amendment, revision or reissuance
thereof, either separately considered or
when combined with other discharges, is
prohibited. Liability for any such discharge
shall be the responsibility of the person(s)
causing or responsible for the discharge.
15.12.070 Illicit Connections
It is prohibited to establish, use,
maintain, or continue illicit connections to
the storm water conveyance system,
regardless of whether such connections
were made under a permit or other
authorization or whether permissible under
the law or practices applicable or prevailing
at the time of the connection except as
authorized in section 15.12.050.
15.12.080 Reduction of Pollutants
Contacting or Entering Storm
Water Required.
A. It is unlawful for any Person not to
utilize Best Management Practices to the
Maximum Extent Practicable to eliminate or
reduce Pollutants entering the City’s Storm
Water Conveyance System.
B. In order to reduce the risk of Non-
Storm Water or Pollutant discharges to the
City’s Storm Water Conveyance System, the
following minimum Best Management
Practices shall be implemented:
1. Commercial and Industrial
Business-Related Activities.
a. Storm Water Pollution Prevention Plan: When the Enforcement
Permit
Official determines that a busir
business-related activity causc
significantly contributes to violatior water quality standards set forth in tt
Plan or California Ocean Waters I
conveys Significant Quantities of PI
to Receiving Waters, then the Enfo Official may require the business to
and implement a Storm Water I
Prevention Plan (SWPPP). Bu:
which may be required to prep; implement a SWPPP include, but
limited to, those which
maintenance, storage, manuf,
assembly, equipment operations,
loading, and/or cleanup activities pi
wholly out of doors.
b. Coordination
Hazardous Materials Response PI;
Inventory: Any business subject Hazardous Materials inventory and r program pursuant to Chapter 6.9f
California Health and Safety COC
include provisions for compliance \
Chapter in its Hazardous I
Response Plan, including prohibi
unlawful Non-Storm Water dischafi
Illegal Discharges, and provisions I
the use of Best Management Prac
reduce the discharge of Pollutants i
Water.
c. Impervious Sur Persons owning or operating a Par or an impervious surface (including, limited to, service station paver paved private streets and roads) I
automobile-related or similar purp05
clean those surfaces as frequently
thoroughly as is necessary, in acc
with Best Management Practices, to the discharge of Pollutants to th
Storm Water Conveyance Sy
Sweepings or cleaning residue from
Lots or impervious surfaces shall
swept or otherwise made or allowc into any Storm Water conveyance, i
roadway, but must be dispose(
accordance with regional solid
procedures and practices. 2. Activities not Otherwise R
by Subsection B. 1.
a. Any person enga!
Development or other activity not co
Subsection B.l in the City of Carlst
utilize Best Management Pract
prevent Pollutants from entering th
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Water Conveyance System by complying
with all applicable local ordinances, the
Standard Specifications for Public Works
Construction when performing public work,
and applicable provisions of the NPDES
General Permit for Storm Water Discharges
Associated with Construction Activity issued
by the State Water Resources Control Board
(State Board Order No. 92-08-DWQ), and
any subs'equent amendments.
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 storm water conveyance
system to the maximum extent practicable,
but not less than once prior to each wet
season. Sweepings 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.
15.1 2.090 Watercourse Protection
Every person owning property through
which a watercourse passes, and 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 significarltly 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. No person shall
commit or cause to be committed any of the
following acts, unless a written permit has first been obtained from the Enforcement
Official, and the appropriate State or Federal
agencies, if applicable:
A. Discharge pollutants into or
connect any pipe or channel to a
watercourse; B. Modify the natural flow of water in a
watercourse;
C. Carry out developments within thirty
feet of the center line of any watercourse or
twenty feet of the edge of a wate
whichever is the greater distance;
D. Deposit in, plant in, or rem
material from a watercourse inch
banks except as required for ne
maintenance;
to, change, or remove any structl
watercourse; or
F. Place any loose or uncons
material along the side of or v
watercourse or so close to the sid
cause a diversion of the flow, or to I
probability of such material being
away by storm waters passing throul
a watercourse.
supersede any requirements set fort
California Department of Fish anc
Stream Alteration Permit process.
15.12.100 Authority to inspect
A. During normal and reasonab
of operation, the Enforcement Offic
have the authority to make an inspc enforce the provisions of this Chap to ascertain whether the purposes
Chapter are being met. An inspecti
be made after the designated represi
of the City of Carlsbad has presentec
credentials and the owner and/or ol
authorizes entry. If the City of C
representative is unable to locate thc or other persons having charge or c(
the premises, or the owner and/or o refuses the request for entry, the Carlsbad is hereby empowered t assistance from any court of COI jurisdiction in obtaining entry.
After obtaining legal entr
representative of the City of Carlsbad
1. Inspect the premises
reasonable times. 2. Carry out any water si
activities necessary to enforce this C
including taking water samples frc property of any person which any aui representative of the City of C
reasonably believes is currently, or
the past, caused or contributed to 1
an illegal storm water discharge to th
water conveyance system. Upon req
the property owner or hidher aul
representative, split water samples : given to the person from whose prop
samples were obtained.
E. Construct, alter, enlarge,
G. The above requirements
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3. Stop and inspect any vehicle reasonably suspected of causing or
contributing to an illegal discharge to the
storm water conveyance system.
4. Conduct tests, analyses and
evaluations to determine whether a
discharge of storm water is an illegal
discharge or whether the requirements of
this chapter are met. 5. Photograph any effluent
stream, material or waste, material or waste
container, container label, vehicle, waste
treatment process, waste disposal site
connection, or condition believed to
contribute to storm water pollution or
constitute a violation of this Chapter.
6. Review and obtain a copy of
the Storm Water Pollution Prevention Plan
prepared by a facility operator, if such a plan
is required of the facility.
7. Require the facility operator to
retain evidence, as instructed by the inspector, for a period not to exceed 30
days.
8. Review and obtain copies of all
storm water monitoring data compiled by the
facility, if such monitoring is required of the faci I i ty.
B. Routine or area inspections shall be
based upon such reasonable selection
processes as may be deemed necessary to
carry out the objectives of this ordinance,
including but not limited to random sampling and/or sampling in areas with evidence of
storm water contamination, illegal
discharges, discharge of non-storm water to
the storm water system, or similar factors.
15.12.11 0 Inspection Procedures--
Additional Requirements.
During the inspection, the Enforcement Official shall comply with all reasonable
security, safety, and sanitation measures. In
addition, the Enforcement Official shall
comply with reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection, and
prior to leaving the site, the Enforcement
Official shall make every reasonable effort to
review with the owner and/or occupant or
the facility operator each of the violations
noted by the Enforcement Official and any
corrective actions that may be necessary. A
report listing any violation found by the
Enforcement Official during the inspection
shall be kept on file by the Enfo Agency. A copy of the report I provided to the owner and/or occ~
facility operator, or left at the Premi:
Person is available. If corrective 2
required, then the occupant, facilit)
and/or facility operator shall impk
plan of corrective action based
written plan of correction, submittel
Enforcement Agency, which sta
corrective actions to be taken i
expected dates of completion. F;
implement a plan of correction cons
violation of this Chapter.
All Enforcement Officials sh:
adequate identification. EnfG
Officials and other authorized pr
shall identify themselves when ente
property for inspection purposes c
inspecting the work of any contractor
With the consent of the propert
or occupant or pursuant to a search the Enforcement Official is authol
establish on any property that dis
directly or indirectly to the municip:
Water Conveyance System such de
are necessary to conduct sarnf
metering operations. During all ins1
as provided herein, the official r
samples of materials, wastes, and/or as deemed necessary to aid in the p
the inquiry or in the recordation
activities onsite.
15.12.120 Containment, Clean1
Notification of Spills.
It is unlawful for any Person 01
occupying any Premises who has knc
of any release of Significant Quan
materials, Pollutants, or waste whi
result in Pollutants or Non-Storm
discharges entering the City’s Storn Conveyance System to not immediai
all reasonable action to contain, TT
and clean up such release. Such
shall notify the City of Carlsbad
occurrence and/or County of Sar
Department of
Services/Environmental Health :
Hazardous Materials Management I and any other appropriate agency
occurrence as soon as possible, but
than 24 hours from the time of the ir
occurrence.
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15.12.130 Testing, Monitoring or
A. The Enforcement Official may
require that any Person engaged in any
activity and/or owning or operating any facility which causes or contributes to Storm Water pollution or contamination, Illegal
Discharges, and/or discharge of Non-Storm
Water to the Storm Water Conveyance
physical and chemical monitoring and/or
analyses and furnish reports as the
Enforcement Official may specify if: 1. The Person, or facility owner or operator, fails to eliminate Illegal Discharges
within a specified time after receiving a
written notice to do so by the Enforcement
Official.
2. The Enforcement Official has
documented repeated violations of this
Chapter by the Person or facility owner or
operator which has caused or contributed to
Storm Water pollution.
It is unlawful for such Person or facility owner or operator to fail or refuse to
undertake and provide the monitoring,
analyses, and/or reports specified. Specific
monitoring criteria shall bear a relationship
to the types of Pollutants which may be
generated by the Person's activities or the
facility's operations. If the Enforcement
Agency has evidence that a Pollutant is
originating from a specific Premises, then
the Enforcement Agency may require
monitoring for that Pollutant regardless of
whether said Pollutant may be generated by
routine activities or operations. The Person
or facility owner or operator shall be
responsible for all costs of these activities,
analyses and reports. B. Any Persons required to monitor
pursuant to Paragraph A, above, shall
implement a Storm Water monitoring
program including, but not limited to, the
following:
1. Routine visual monitoring for
dry weather flows.
2. Routine visual monitoring for spills which may pollute Storm Water runoff.
3. A monitoring log including
monitoring date, potential pollution sources,
as noted in 1 and 2, and a description of the
mitigation measures taken to eliminate any
potential pollution sources.
C. The Enforcement Official may
require a Person, or facility owner or
Mitigation Required--When.
3ystem perform monitoring, including
operator, to install or implemen
Water pollution reduction or
measures, including, but not lirr
process modification to redu
generation of Pollutants or a pretl program approved by the Region; Quality Control Board and/or the Carlsbad if:
1. The Person, or facility 1
after receiving a written notice 1
Enforcement Official.
2. The Person, or facility
operator, fails to implement a Stor Pollution Prevention Plan, as requirt
Enforcement Official.
3. The Enforcement 0%
documented repeated violations
Chapter any such Person or facility t
operator which has caused or contri
Storm Water pollution.
D. If testing, monitoring or n
required pursuant to this Char
deemed no longer necessary Enforcement Official, then any or i
requirements contained in Paragrap
and C may be discontinued.
E. A Storm Water monitoring
prepared and implemented pursuar
State-issued NPDES General Pen
be deemed to meet the requireme
monitoring program for the purpose
Chapter.
15.12.140 Concealment
Causing, permitting, aiding, ab
concealing a violation of any provisic
Chapter is unlawful and shall con! separate violation of this Chapter.
1512.150 Administrative Enfol Powers
The Enforcement Agenc)
Enforcement Official can exerci
enforcement powers as provided in
1.08 of this Code. In addition to the
enforcement powers provided in
1.08 of this Code, the Enforcement
and Enforcement Official have the
to utilize the following admir
remedies as may be necessary to
this Chapter:
A. Cease and Desist Orders.
the Enforcement Official finds
discharge has taken place or is likel;
place in violation of this Chap
operator fails to eliminate \\legal Di!
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Enforcement Official may issue an order to
cease and desist such discharge, practice,
or operation likely to cause such discharge
and direct that those Persons not complying
shall:
1. Comply with the applicable
provisions and policies of this Chapter.
2. Comply with a time schedule
for compliance.
3. Take appropriate remedial or preventive action to prevent the violation
from recurring.
Whenever the Enforcement Official finds any
oil, earth, dirt, grass, weeds, dead trees, tin
cans, rubbish, refuse, waste or any other
material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or
upon any parcel of land or grounds, which
may result in an increase in Pollutants
entering the City’s Storm Water Conveyance
System or a Non-Storm Water discharge to
the City’s Storm Water Conveyance System,
the Enforcement Official may issue orders and give written notice to remove same in
any reasonable manner. The recipient of
such notice shall undertake the activities as
described in the notice.
C. Storm Water Pollution Prevention
Plan. The Enforcement Official shall have
the authority to establish elements of a
Storm Water Pollution Prevention Plan, and
to require any owner or occupier of any
Premises to adopt and implement such a
plan pursuant to Section 15.12.080. B. 1 .a.,
as may be reasonably necessary to fulfill the
purposes of this Chapter.
D. Employee Training Program. The Enforcement Official shall have the authority
to establish elements of an Employee
Training Program, as may be necessary to
fulfill the purposes of this Chapter, where
such a Program has been required as an
element of a Storm Water Pollution
Prevention Plan. E. Civil Penalties. Any Person who
violates any of the provisions of this Chapter
or who fails to implement a Storm Water
monitoring plan, violates any cease and
desist order or Notice to Clean and Abate, or
fails to adopt or implement a Storm Water
Pollution Prevention Plan as directed by the
Enforcement Official shall be liable for a civil
penalty not to exceed $1,000 for each day
such a violation exists. The violator shall be 1 charged for the full costs of any
6. Notice to Clean and Abate.
investigation, inspection, or m survey which led to the detectior such violation, for abatement costs the reasonable costs of prepar bringing legal action under this sub In addition to any other a procedures, the Enforcement Age1
utilize the lien procedures listed in
15.12.160.C.6 to enforce the 1
liability. The violator may also be I
compensatory damages for impairm
or destruction to water quality, wilc
and aquatic life.
15.12.160 Administrative Notice
Hearing, and Appeal
Procedures.
A. Unless otherwise provide(
any notice required to be given
Enforcement Official under this chak
be in writing and served in persc
registered or certified mail. If served
the notice shall be sent to the last
known to the Enforcement Official.
the address is unknown, service made upon the owner of record
property involved. Such notice
deemed to have been given at the
deposit, postage prepaid, in a
regularly serviced by the Unitec
Postal Service whether or not the re
or certified mail is accepted. B. When the Enforcement
determines that a violation of one
provisions of this chapter exists
occurred, any violator(s) or
owner(s) of record shall be servec
Enforcement Official with a writter
and Order. The Notice and Order st
the Municipal Code Section
describe how violated, the locat
date(s) of the violation(s), and des(
corrective action required. The No
Order shall require immediate c
action by the violator(s) or property
and explain which method[
administrative enforcement are being
by the Enforcement Official: Ce:
Desist Order, Notice to Clean anc
establishment of a Storm Water I
Prevention Plan, and/or establishme
Employee Training Program. The
and Order shall also expla
consequences of failure to comply, i
that civil penalties shall begin to imn
accrue if compliance is not achieve II 9
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ten (IO) days from the date the Notice and Order is issued. The Notice and Order shall
identify all hearing rights. The Enforcement
Official may propose any enforcement action
reasonably necessary to abate the violation.
C. If the violation(s) is not corrected
within ten (IO) days from the date the Notice
and Order is issued, the Enforcement
Official shall request the City Manager to
appoint a Hearing Officer and fix a date,
time, and place for hearing. The
Enforcement Official shall give written notice
thereof to the violator(s) or owner(s) of
record, at least ten (IO) days prior to the
date for hearing.
1. The Hearing Officer shall
consider any written or oral evidence
presented to determine whether the
violation(s) exists, a Cease and Desist Order
should be required, a Notice to Clean and
Abate should be required, a Storm Water
Pollution Prevention Plan should be
required, an Employee Training Program
should be required, and/or Civil Penalties
should be imposed, consistent with rules
and procedures for the conduct of hearings and rendering of decisions established and
promulgated by the City Manager.
2. In determining whether action
should be taken or the amount of a civil
penalty to be imposed, the Hearing Officer
may consider any of the following factors:
a. Duration of the
violation(s).
b. Frequency or recurrence.
c. Seriousness.
d. History.
e. Violator’s conduct after
issuance of the Notice and Order. f. Good faith effort to
comply. g. Economic impact of the
penalty on the violator(s).
h. Impact of the violation on
the community. i. Any other factor which
justice may require.
3. If the violator(s) or owner(s) of
record fail to attend the hearing, it shall
constitute a waiver of the right to a hearing
and adjudication of all or any portion of the
Notice and Order.
4. The Hearing Officer shall
render a written decision within ten (IO) days
of the close of the hearing, including findings
of fact and conclusions of law, identifymg the
time frame involved and the considered in assessing civil pen; any. The decision shall be
immediately unless otherwise state
decision. The Hearing Officer sha
the decision to be served
Enforcement Official and all parl
violators or owners of record.
penalties fail to pay them within ’
specified in the Hearing Officer’s c
the unpaid amount constitutes c
personal obligation of the person a
or a lien upon the real property on w
violation occurred, in the discretior Enforcement Official. If the violati
not corrected as directed the civil
continues to accrue on a daily basi
penalties may not exceed $IOO,OOl
aggregate. When the viola
subsequently corrected, the Enfo
Official shall notify the violator(s)
owner(s) of record of the outstanc
penalties and provide an opportl
hearing if the amount(s) is dispute
ten (IO) days from such notice.
6. The Enforcement Offic
take all appropriate legal steps to these obligations, including referral
City Attorney for commencement o
action to recover said funds. If collc
a lien, the Enforcement Official shall
notice of lien to be filed with the Recorder, inform the County Audi County Recorder of the amount
obligation, a description of the real
upon which the lien is to be recovel
the name of the agency to wt-
obligation is to be paid. Upon pa) full, the Enforcement Official sha~
release of lien with the County Recor
15.12.170 Judicial Enforcement.
A. Criminal Penalties. Any per: violates any provision of this Chapter
fails to implement a Storm Water mc
plan, violates any cease and desist I
Notice to Clean and Abate, or fails I
or implement Storm Water F
Prevention Plans or Employee Programs as directed by the Enfol
Official shall be punished, upon COI
by a fine not to exceed $1,000 for e
in which such violation occi
imprisonment in the San Diego Coun
5, If the persons asses:
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for a period not to exceed six (6) months, or
both.
B. InjunctionIAbatement of Public
Nuisance. Whenever a discharge into the
Storm Water Conveyance System is in violation of the provisions of this Chapter or
otherwise threatens to cause a condition of
contamination, pollution, or nuisance, the
to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a
public nuisance, as may be appropriate in
restraining the continuance of such
discharge. C. Other Civil Action. Whenever a
Notice and Order or Hearing Officer's
decision is not complied with, the City
Attorney may, at the request of the
Enforcement Official, initiate any appropriate
civil action in a court of competent
jurisdiction to enforce such Notice and Order
and decision, including the recovery of any
unpaid Storm Drain Fees andlor civil
penalties provided herein.
15.12.180 Violations Deemed a Public
In addition to the other civil and criminal penalties provided herein, any condition
€nforcement Official may also cause the City
Nuisance.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
/I/
Ill
Ill
I I
Ill
Ill
caused or permitted to exist in viol:
any of the provisions of this Chapt
threat to the public health, safei welfare and is declared and deemed i
nuisance, which may be summarily
andor restored as directed I:
Enforcement Official in accordance \
procedures identified in Chapter 6.16.
the cessation of such nuisance may
taken by the City, if necessary.
The full cost of such abatemc
restoration shall be borne by the o
the property and the cost thereof sh
lien upon and against the proF
accordance with the procedures set
section 15.12.160.C.6.
15.12.190 Remedies Not Exclusi
Remedies set forth in this Cha
not exclusive but are cumulative to ,
civil and criminal penalties provided
including, but not limited to,
provisions of the Federal Clean W
andor the State Porter-Cologne
Quality Control Act. The seeking
federal andlor state remedies SI
preclude the simultaneous commel
of proceedings pursuant to this Chap
action to abate, enjoin or otherwise
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1 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its a
~ and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cal
be published at least once in a newspaper of general circulation in the City of Carlsbac
fifteen (15) days after its adoption.
~
INTRODUCED AND FIRST READ at a regular meeting of said City Council helc
28th day of January , 1997, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 4th day of February , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
al2QxLd.b-
ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL)
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