HomeMy WebLinkAbout2002-03-05; City Council; NS-624; CMC 15.12 amends - NPDES Stormwater Update...1
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ORDINANCE NO. NS-624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTER 15.12 OF THE CARLSBAD MUNICIPAL CODE
(STORMWATER MANAGEMENT AND DISCHARGE CONTROL
TION REQUIREMENTS OF THE SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: MCA 01- 06
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
ORDINANCE) TO IMPLEMENT NEW STORMWATER PROTEC-
STORMWATER PERMIT (ORDER NO. 2001-01).
amended by the amendment of Section 15.12.010 to read as follows:
15.12.010 Purpose and intent.
The purpose of this chapter is to ensure the environmental and public health, safety, and
general welfare of the residential, commercial, and industrial sectors of the city of Carlsbad by: A. Prohibiting non-stormwater discharges to the stormwater conveyance system.
B. Eliminating discharges to the stormwater conveyance system from spills, dumping or
disposal of materials other than stormwater or permitted or exempted discharges.
C. Reducing pollutants in stormwater discharges, including those pollutants taken up by
stormwater as it flows over urban areas (urban runoff), to the maximum extent practicable.
D. Reducing pollutants in stormwater discharges in order to achieve applicable
water quality objectives for receiving waters within the city of Carlsbad.
The intent of this chapter is to protect and enhance the water quality of the city of Carlsbad
receiving waters, and wetlands in a manner pursuant to and consistent with the Clean Water Act
and California Regional Water Quality Control Board NPDES Permit No. CAS0108758, Order
No. 2001-01 and any amendment, revision or reissuance thereof.
SECTION 2: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.020 to read as follows:
15.12.020 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
section:
A. "Basin Plan" means the Water Quality Control Plan for the San Diego Region (July
1975) and approved by the State Water Resources Control Board, together with subsequent
amendments. B. "Best Management Practices or (BMP)" means schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce to
the maximum extent practicable the discharge of pollutants directly or indirectly to stormwater
conveyance system and/or receiving waters. Best Management Practices also include treatment
requirements, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or waste disposal, and drainage from raw materials storage. C. "Building Permit" means a permit issued pursuant to Chapter 18.04.
D. "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 effective
July 23, 1997, and any subsequent amendments. 1 :'1
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Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
E. "Clean Water Act" means the Federal Water Pollution Control Act enacted by Public
Section 1251 et seq.), and any subsequent amendments.
F. "County Health Officer" means the health officer of the county of San Diego
department of public health or designee.
G. "Development" means:
1. The placement or erection of any solid material or structure on land, in water,
2. The discharge or disposal of any dredged material or of any gaseous, liquid,
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, including lot splits, 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;
or under water;
solid, or thermal waste;
5. A change in the intensity of the use of water, or of access to water
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 stormwater 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 stormwater pollution
prevention, and an overview of the potential impacts of polluted stormwater 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
4. Visual monitoring of all effluent streams to ensure that no illicit discharges
5. Discussion of the differences between the stormwater conveyance system and
6. Identification of all on-site connections to the stormwater conveyance system.
7. Preventive maintenance and good housekeeping procedures.
8. Material management practices employed by the facility to reduce or eliminate
I. "Enforcement Agency" means the City of Carlsbad or its authorized agents charged
J. "Enforcement Official" means the city manager or his or her designee.
K. "Hazardous Materials" means any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause,
or contribute to, substantial injury, serious illness or harm to humans, domestic livestock,
wildlife, or deterioration of receiving water quality or the environment.
stormwater conveyance system permitted or unpermitted by the city of Carlsbad, which drains
L. "Illicit Connection" means any physical connection (pipe, facility, or other device) to the
illegal discharges either directly or indirectly into a stormwater conveyance system.
M. "Illegal Discharge" means any discharge to the Stormwater Conveyance System that
is not composed entirely of Stormwater, or is expressly prohibited by federal, state, or local
procedures.
enter the stormwater conveyance system.
the sanitary sewer system.
pollutant contact with stormwater discharge.
with ensuring compliance with this chapter.
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regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation
of California Regional Water Quality Control Board NPDES Permit No. CASOl08758, Order No.
2001-01 and any amendment, the San Diego Basin Plan and California Ocean Plan standards.
N. "Maximum Extent Practicable" (MEP) means, with respect to best management
practices (BMPs). an individual BMP or group of BMPs which reduces or eliminates the
discharge of a pollutant of 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" means 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.
2. General Permit for Stormwater Discharges Associated with Industrial Activities
(NPDES No. CAS 000001, Order No. 97-03-DWQ)
3. NPDES General Permit for Stormwater Discharges Associated with
Construction Activity (Permit No. 99-08-DWQ, NPDES General Order No. CASOOOOO2); and
4. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits (Order Numbers 91-10 and 90-31).
P. "Non-stormwater Discharge" means any discharge to the stormwater conveyance
system that is not entirely composed of stormwater.
Q. "NPDES General Permit" means a permit issued by the State Water Resources
Control Board, including, but not limited to:
1. NPDES General Permit for Stormwater Discharges Associated with Industrial
Activities; and
2. NPDES General Permit for Stormwater Discharges Associated with
Construction Activity (Permit No. 99-08-DWQ, NPDES General Order No. CASOOOOO2)
R. "Parking Lot" means an open area, other than a street or other public way, used for the
to accommodate residents of multi-family dwellings (i.e., apartments, condominiums,
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or
townhomes, mobile homes, dormitories, group quarters, etc.).
S. "Person" means any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the State of California and the
United States of America.
T. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage,
sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the Receiving Waters
in violation of Basin Plan and California Ocean Plan standards such as fecal coliform, fecal
streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum
hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc,
cyanides, phenols, fertilizers, pesticides, herbicides and other biocides.
waters in violation of Basin Plan and California Ocean Plan standards by altering any of the
A pollutant also includes any contaminant which degrades the quality of the receiving
following parameters: pH, total suspended and settleable solids, biochemical oxygen demand
of the Basin Plan.
(BOD), chemical oxygen demand (COD), nutrients, temperature and other narrative standards
U. "Premises" means any building, lot parcel, real estate, land or portion of land whether
improved or unimproved.
V. "Receiving Waters" means surface bodies of water, which serve as receiving points for
discharges from the stormwater conveyance system, including Encinas Creek, Batiquitos
Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs,
lakes, estuaries, and the Pacific Ocean.
CASOl08758, Order 2001-01 and any amendment, revision or reissuance to it
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snow melt that flows across a surface to the Stormwater Conveyance System or Receiving W. "Stormwater" means surface runoff and drainage associated with storm events and
Waters.
For the purposes of this chapter, stormwater runoff and drainage from areas that are in a
natural state, have not been 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 "stormwater" in this
chapter.
X. "Stormwater Conveyance System" means private, natural and publicly owned facilities within the City of Carlsbad by which Stormwater may be conveyed to Receiving Waters of the
United States, including any roads with drainage systems, streets, catch basins, curbs, gutters,
ditches, pipes, natural and man-made channels or storm drains.
Y. "Stormwater 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 stormwater conveyance system primarily through the application and use of
BMPs.
A Stormwater Pollution Prevention Plan prepared and implemented pursuant to any
NPDES Stormwater Permit shall meet the definition of a stormwater pollution prevention plan for
the purposes of this chapter.
Z. "System" means "Stormwater Conveyance System", as defined herein.
AA. "Wet Season" means the period of time between October 1 through April 30.
BB. "Wetlands" means 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.
SECTION 3: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.040 to read as follows:
15.12.040 Applicability
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 California Regional Water Quality Control Board NPDES Permit
No. CAS0108758, Order 2001-01 and any amendment, revision or reissuance thereof.
SECTION 4: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.050 to read as follows:
15.12.050 Prohibited Discharges.
The discharge of non-stormwater discharges to the stormwater conveyance system or to any
other conveyance system which discharges into receiving water is prohibited, except as specified below:
SECTION 5: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.055 to read as follows:
15.12.055. Exemptions from Discharge Prohibitions.
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NPDES permit issued to the discharger and administered by the state of California pursuant to
A. The prohibition on discharges shall not apply to any discharge regulated under a
Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in
of compliance with such permit may be required in a form acceptable to the city prior to or as a
compliance with all requirements of the permit and other applicable laws and regulations. Proof
condition of a subdivision map, site plan, building permit, or development improvement plan;
upon inspection of the facility; during any enforcement proceeding or action; or for any other
reasonable cause.
B. Discharges from the following activities will not be considered a source of pollutants to
the stormwater conveyance system or receiving waters and are exempt from the definition of
non-stormwater discharge when properly managed as required by applicable federal, state and
local laws, regulations or codes:
2. landscape irrigation and lawn watering;
1. water line flushing;
3. diverted stream flows;
4. rising ground waters or springs;
5. uncontaminated pumped ground water not subject to any applicable NPDES
6. discharges from potable water sources other than water main breaks;
7. foundation and footing drains;
8. air conditioning condensation;
9. natural springs;
10. water from crawl space pumps;
11. individual residential car washing;
12. flows from riparian habitats and wetlands;
13. dechlorinated swimming pool discharges
14. fire fighting
permit;
C. The prohibition of discharges shall not apply to any discharge which the enforcement
official, the county health officer, the Regional Water Quality Control Board, or US.
Environmental Protection Agency determines in writing are necessary for the protection of the
environment, water quality, and public health and safety.
SECTION 6: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.060 to read as follows:
15.12.060 Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of California Regional Water
Quality Control Board NPDES Permit No. CAS0108758, Order 2001-01 and any amendment,
revision or reissuance to it, 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.
SECTION 7: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.080 to read as follows:
15.12.080 Reduction of pollutants contacting or entering stormwater 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 stormwater conveyance
system.
B. In order to reduce the risk of contamination of stormwater and the discharge of non-
stormwater or pollutants to the city's stormwater conveyance system, the enforcement official
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may require the person conducting the following activities to implement best management
practices to the maximum extent practicable:
1. Automobile, airplane, boat, and/or vehicle, repair, service, fueling,
maintenance, washing, storage, andlor parking;
2. Landscape and garden care activities including application of related products,
such as, pesticides, herbicides, and fertilizers;
3. Building repair and maintenance, including, but not limited to: cement mixing,
repair or cutting, masonry, painting and/or coating
4. Impervious surface or building washing or cleaning, including power washing
or steam cleaning;
5. Storage and disposal of household hazardous waste (e.g. paints, cleaning
products, pesticides, herbicides);
6. Disposal of pet waste;
7. Storage and disposal of green waste;
8. Mobile carpet, drape or furniture cleaning;
9. Pool, spa, Jacuzzi, or fountain cleaning, servicing, or repair;
10. Pest control
11. Plant growing including: farmland, fields, nurseries, greenhouses, and/or
botanical gardens.
C. Persons conducting an activity or activities that the enforcement official determines
may contribute a significant amount of pollutant load to the stormwater conveyance system,
and/or is tributary to a Clean Water Act section 303(d) impaired water body, where the site or
source generates pollutants for which the water body is impaired; and/or any person within or
directly adjacent to or discharging directly to a coastal lagoon or other receiving water may also
be subject to Section B
D. Stormwater Pollution Prevention Plan. When the enforcement official determines that a
person in the course of conducting a business-related activity causes, has the potential to
cause, or contributes to a violation of the water quality standards set forth in the San Diego
Basin plan or California Ocean waters plan, or conveys pollutants to receiving waters that may
cause or contribute to the deterioration of water quality, then the enforcement official may
require the person to develop and implement a stormwater pollution prevention plan (SWPPP)
that includes the implementation and use of Best Management Practices, and an employee
training program. This section applies, but is not limited to:
1. Persons conducting maintenance, storage, manufacturing, assembly,
equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors;
2. Persons conducting automobile, airplane, boat, and/or equipment mechanical
service, repair, maintenance, fueling, cleaning and/or parking; marinas; mobile automobile or
furniture cleaning; pest control services; eating and drinking establishments; cement mixing,
other vehicle washing and/or parking; retail or wholesale fueling; mobile carpet, drape or
repair or cutting; masonry; painting and coating; surface or building washing or cleaning
services, including power washing or steam cleaning; botanical or zoological gardens and
exhibits; landscaping; nurseries and greenhouses; golf courses, parks and other recreational
areadfacilities; cemeteries; pool and fountain cleaning; port-a-potty servicing;
but not limited to, service station pavements or paved private streets and roads) used for
3. Persons owning or operating a parking lot or an impervious surface (including,
automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with best management practices, to prevent the
discharge of pollutants to the city's stormwater conveyance system. Sweepings or cleaning residue from parking lots or impervious surfaces shall not be swept or othelwise made or allowed
to go into any stormwater conveyance, gutter, or roadway, but must be disposed of in
accordance with regional solid waste procedures and regulations.
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
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pollutants to the stormwater 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.
Any person engaged in development, grading or construction in the city of Carlsbad shall utilize
best management practices to prevent pollutants from entering the stormwater conveyance
system by complying with all applicable local ordinances, including the Grading and Erosion
Control Section 15.16 of the Carlsbad Municipal Code, the standard specifications for public
works construction when performing public work, and applicable provisions of the NPDES
General Permit for Stormwater Discharges Associated with Construction Activity issued by the
State Water Resources Control Board (Permit No. 99-08-DWQ, NPDES General Order No.
CASOOOOO2), and California Regional Water Quality Control Board NPDES No. CAS0108758,
Order No. 2001-01, and any subsequent amendments.
In order to reduce the risk of contamination of stormwater and the discharge of non-
stormwater or pollutants to the city's stormwater conveyance system, the enforcement official
may require the person conducting the development, grading or construction activities to
extent practicable.
implement a pollution prevention plan and/or best management practices to the maximum
E. No person shall stand or park any vehicle on any street for the purpose of washing,
greasing, repairing, andlor maintaining the vehicle, except for repairs necessitated by an
emergency.
F. No person shall stand or park any vehicle on any street, if such vehicle is determined
by the enforcement official to be leaking fluids such as oils or other fluids that contribute or have
the potential to contribute a significant amount of pollutants to the stormwater conveyance
system and/or the receiving waters.
In order to reduce the risk of contamination of stormwater and the discharge of non-stormwater
or pollutants to the city's stormwater conveyance system, the enforcement official may require
the person conducting other activities not listed in sections B, C and D above, to implement best
management practices to the maximum extent practicable, if the enforcement official determines
that the activity has the potential to discharge pollutants or is know discharge pollutants to the
stormwater conveyance system or receiving waters.
D. Development, Grading or Construction Activities
G. Other activity not covered by sections B, C, D, E and F of this Section.
SECTION 8: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.090 to read as follows:
15.12.090 Stormwater conveyance system protection.
Every person owning property through which a stormwater conveyance system passes, and
such person's lessee or tenant, shall keep and maintain that part of the System within the
property free of trash, debris, excessive vegetation, and other obstacles which would pollute,
contaminate or significantly retard the flow of water through the system
Every person shall maintain existing privately owned stormwater conveyance structures within
or adjacent to a system, so that such structures will not become a hazard to the use, function or
physical integrity of the system;
Every person shall not remove healthy bank vegetation beyond that actually necessary for such
maintenance which shall be accomplished in a manner that minimizes the vulnerability of the
within their property lines in order to protect against erosion and degradation of the system
system to erosion; and shall be responsible for maintaining that portion of the system that is
originating or contributed from their property.
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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 the system;
B. Modify the natural flow of water in a system;
C. Carry out developments within thirty feet of the center line of any system or twenty feet
of the edge of a system, whichever is the greater distance;
D. Deposit in, plant in, or remove any material from a system including its banks except
as required for necessary maintenance;
E. Construct, alter, enlarge, connect to, change or remove any structure in a system; or F. Place any loose or unconsolidated material along the side of or within a system 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 stormwaters passing through such a system.
G. The above requirements do not supersede any requirements set forth by the California
Department of Fish and Game Stream Alteration Permit process.
SECTION 9: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of section 15.12.100 to read as follows:
15.12.100 Authority to inspect.
A. During normal and reasonable hours of operation, the enforcement official shall have
the authority to conduct an inspection to enforce the provisions of this chapter, and to ascertain
whether the purposes of this chapter are being met. An inspection may be made after the
designated representative of the city of Carlsbad has presented proper credentials and the
owner, occupant, and or facility operator authorizes entry. If the city of Carlsbad representative
is unable to locate the owner or other persons having charge or control of the premises, or the
owner, occupant, and/or facility operator refuses the request for entry, the city of Carlsbad is
empowered to seek assistance from any court of competent jurisdiction in obtaining entry.
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, occupant and/or facility operator.
After obtaining legal entry, the representative of the city of Carlsbad may:
1. Inspect the premises at all reasonable times.
2. Carry out any sampling activities or install devices to conduct sampling or
metering operations necessary to enforce this chapter, including taking samples from the
property of any person which any authorized representative of the city of Carlsbad reasonably
discharge to the stormwater conveyance system. Upon request by the property owner or hislher
believes is currently, or has in the past, caused or contributed to causing an illegal stormwater
authorized representative, split samples shall be given to the person from whose property the
samples were obtained.
3. 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.
4. 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 stormwater pollution or constitute a violation of this chapter.
5. Review and obtain a copy of the stormwater pollution prevention plan, the
Hazardous Materials Release Response Plan and Inventory, and/or any other documents,
permits, manifests, logs or records that may be required of the facility from local, state or federal
laws, regulations or codes in order to conduct operations or business on the premises.
for a period not to exceed thirty (30) days.
6. Require the facility operator to retain evidence, as instructed by the inspector,
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7. Review and obtain copies of all stormwater monitoring data compiled by the
facility, if such monitoring is required of the facility.
SECTION IO: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of section 15.12.1 10 to read as follows:
15.12.1 10 Containment, cleanup, and notification of spills.
Any person owning or occupying any premises who has knowledge of any release of significant
quantities of materials, pollutants, or waste which may result in pollutants or non-stormwater
discharges entering the city's stormwater conveyance system shall immediately take all
reasonable action to contain, minimize, and clean up such release. Such person shall notify the
city of Carlsbad of the occurrence and any other appropriate agency of the occurrence as soon
as possible, but no later than twenty-four (24) hours from the time of the incident's occurrence.
SECTION 11: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.120 to read as follows:
5.12.120 Testing, monitoring or mitigation requirements.
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 stormwater pollution or
contamination, illegal discharges, prohibited discharges and/or discharge of non-stormwater to
the stormwater conveyance system perform monitoring, including 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 or prohibited
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 stormwater
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 subsection A of this section, shall
implement a stonwater 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 stormwater runoff.
3. A monitoring log including monitoring date, potential pollution sources, as
noted in subsections 1 and 2 of this section, 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 operator, to install or
implement stormwater pollution reduction or control measures, including, but not limited to,
process modification to reduce the generation of pollutants if:
1. The person, or facility owner or operator fails to eliminate illegal or prohibited
discharges after receiving a written notice from the enforcement official.
2. The person, or facility owner or operator, fails to implement a stormwater
pollution prevention plan, as required by the enforcement official.
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3. The enforcement official has documented repeated violations of this chapter
any such person or facility owner or operator which has caused or contributed to stormwater
pollution.
D. If testing, monitoring or mitigation required pursuant to this chapter are deemed no
longer necessary by the enforcement official, then any or all of the requirements contained in
subsections A, B, and C of this section, may be discontinued.
issued NPDES General Permit shall be deemed to meet the requirements of a monitoring
E. A stormwater monitoring program prepared and implemented pursuant to any state-
program for the purposes of this chapter.
SECTION 12: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.140 to read as follows:
15.12.140 Administrative code enforcement powers and procedures
The enforcement agency and enforcement official can exercise any code enforcement powers
and procedures as provided in Title 1 of this code. In addition to the general enforcement
powers and procedures provided in Title 1 of this code, the enforcement agency and
enforcement official have the authority to utilize the following administrative remedies as may be
necessary to enforce this chapter:
A. Cease and Desist Orders. When the enforcement official finds that a discharge has
taken place or is likely to take place in violation of this chapter, the enforcement official may
discharge and direct that those persons not complying shall:
issue an order to cease and desist such discharge, practice, or operation likely to cause such
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.
B. Notice to Clean, Test and/or Abate. 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 stormwater
the enforcement official may issue orders and give written notice to remove same in any
conveyance system or a non-stormwater discharge to the city’s stormwater conveyance system,
reasonable manner. The recipient of such notice shall undertake the activities as described in
the notice.
C. Stop Work Orders. Whenever any work is being done contrary to the provisions of this
Ordinance, the enforcement official may order the work stopped by notice in writing served on
any person engaged in performing or causing such work to be done, and any such person shall
immediately stop such work until authorized by the enforcement official to proceed with the
work.
D. Permit or License Suspension, Denial or Revocation. Violations of this Ordinance may
be grounds for permit or license suspension or revocation.
fails to implement a stormwater monitoring plan, violates any cease and desist order or notice to
E. Civil Penalties. Any person who violates any of the provisions of this chapter or who
clean and abate, or fails to adopt or implement a stormwater pollution prevention plan as
five hundred ($2,500) dollars for each day such a violation exists. The violator shall be charged
directed by the enforcement official shall be liable for a civil penalty not to exceed two thousand
for the full costs of any investigation, inspection, or monitoring survey which led to the detection
of any such violation, for abatement costs, and for the reasonable costs of preparing and
enforcement agency may utilize the lien procedures listed in Section 15.12.15O(F) to enforce the
bringing legal action under this subsection. In addition to any other applicable procedures, the
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violator's liability. The violator may also be liable for compensatory damages for impairment,
loss or destruction to water quality, wildlife, fish and aquatic life.
F. The enforcement official shall take all appropriate legal steps to collect these
obligations, including referral to the city attorney for commencement of a civil action to recover
said funds. If collected as a lien, the enforcement official shall cause a notice of lien to be filed
with the county recorder, inform the county auditor and county recorder of the amount of the
obligation, a description of the real property upon which the lien is to be recovered, and the
official shall file a release of lien with the county recorder. name of the agency to which the obligation is to be paid. Upon payment in full, the enforcement
G. Environmental Code Enforcement Civil Penalties Fund. Civil penalties collected
pursuant to this Chapter shall be deposited in the Environmental Code Enforcement Civil
Penalties Fund as established by the City Manager for the enhancement of the City's code
enforcement efforts, environmental public outreach or education, environmental improvement
grants, and/or to reimburse City Departments for investigative costs and costs associated with
the hearing process that are not paid by the responsible person or violator. Civil penalties
deposited in this fund shall be appropriated and allocated in a manner determined by the City
Manager. The City Auditor shall establish accounting procedures to ensure proper account
identification, credit and collection.
SECTION 13: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.160 to read as follows:
15.12.160 Judicial enforcement
A. Criminal Penalties. Any person who violates any provision 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 storm water pollution prevention plans or
employee training programs as directed by the enforcement official shall be punished, upon
conviction, by a fine not to exceed one thousand dollars for each day in which such violation
occurs, or imprisonment in the San Diego County jail for a period not to exceed six months, or
both.
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
cause a condition of contamination, pollution, or nuisance, the enforcement official may also
cause the city 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 and/or civil penalties provided herein.
(Ord. NS-394 5 2 (part), 1997)
SECTION 14: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.170 to read as follows:
15.12.170 Violations deemed a public nuisance.
permitted to exist in violation of any of the provisions of this chapter is a threat to the public
In addition to the other civil and criminal penalties provided herein, any condition caused or
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health, safety, and welfare and is declared and deemed a public nuisance, which may be
summarily abated and/or restored as directed by the enforcement ofticial in accordance with the
procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the
cessation of such nuisance may also be taken by the city, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of the
set forth in Section 15.12.150(F).
property and shall be a lien upon and against the property in accordance with the procedures
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 19th day of FEBRUARY 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of MARCH 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: ~one
A ABSTAIN: No6
ATTEST)
(SEAL<
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