HomeMy WebLinkAbout2008-04-01; City Council; NS-880; Amending the Municipal Code...1 EXHIBITS
ORDINANCE NO. NS-880
2
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF CARLSBAD,
3 CALIFORNIA, AMENDING TITLE 15 OF THE CARLSBAD MUNICIPAL CODE
MODIFYING AND CLARIFYING STORM WATER COMPLIANCE AND
4 ENFORCEMENT REQUIREMENTS AND, ESTABLISHING NEW
MAINTENANCE, INSPECTION AND ANNUAL VERIFICATION PROVISIONS
5 FOR PRIVATELY OWNED STORM WATER FACILITIES TO COMPLY WITH
NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED
6 SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL
PERMIT (ORDER NO. 2007-0001).
7
The City Council of the City of Carlsbad, California, hereby ordains as follows:
8
SECTION 1: That Title 15 of the Carlsbad Municipal Code is amended by the repeal of
9
Chapter 15.12 and the adoption of new Chapter 15.12 to read as follows:
10
15.12.010 Purpose and intent.11
The purpose of this chapter is to ensure the environmental and public health, safety, and general12
welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by:1 o
A. Prohibiting non-storm water discharges to the storm water conveyance system.14
B. Eliminating discharges to the storm water conveyance system from spills, dumping or
IO
disposal of materials other than storm water or permitted or exempted discharges.16
C. Reducing pollutants in storm water discharges to the maximum extent practicable, including
those pollutants taken up by storm water as it flows over urban areas (urban runoff).1o
D. Reducing pollutants in storm water discharges in order to achieve applicable water quality
objectives for receiving waters within the City of Carlsbad.
21 The intent of this chapter is to protect and enhance the water quality of the City of Carlsbad
22 receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act
23 and Municipal Permit.
24 15.12.020 Definitions.
25 When used in this chapter, the following terms shall have the meanings ascribed to them in this
2Q section:
27
28
1
2
3
7
8
9
10
11
12
13
14
16
A "Clean Water Act" means the Federal Water Pollution Control Act enacted by Public Law 92-
500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section
1251 et seq.), and any subsequent amendments.
B. "County health officer" means the health officer of the County of San Diego Department of
Public Health or designee.
C. "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 illicit discharges do not enter the storm
water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
180 6. Identification of all on-site connections to the storm water conveyance system;
1Q 7. Preventive maintenance and good housekeeping procedures;
20 8. Material management practices employed by the facility to reduce or eliminate pollutant
21 contact with storm water discharge: and,
22 9. Documentation of training and records detailing dates, time, subjects covered and,
23 „ ,attendance.
24 D. "Enforcement agency" means the City of Carlsbad or its authorized agents charged with
25
ensuring compliance with this chapter.
26 "~ "Enforcement official" means the city manager of the City of Carlsbad or his or her designee.
27"
28
25
1 F. "Hazardous materials" means any substance or mixture of substances which is toxic,
2 corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
3 decomposition, heat or other means, if such a substance or mixture of substances may
4 cause, or contribute to, substantial injury, serious illness or harm to humans, domestic
5 livestock, wildlife, or deterioration of receiving water quality or the environment.
6 G. "Illegal discharge" means any discharge to the storm water conveyance system that is not
7 composed entirely of storm water, or is expressly prohibited by federal, state, or local
8 regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in
9 violation of any NPDES Permit, the Basin Plan and California Ocean Plan standards.
10 H. "Parking lot" means 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
12 or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums,
townhomes, mobile homes, dormitories, group quarters, etc.).
|. "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.
J. "Premises" means any building, lot parcel, real estate, land or portion of land whether
1R0 improved or unimproved.
1Q K. "Responsible Party" means one or more persons that control, are in possession of or own
property that shall be individually or, jointly and severally held responsible for compliance with
21 the provision of this chapter or with any illicit discharge from property controlled, possessed
22 or owned. As defined in this chapter, "property" includes, but is not limited to, real estate,
23 fixtures, facilities or premises of any kind located upon, under or above the real estate. This
24 definition of responsible party does not include the city when an illicit discharge is caused by
25 a person on a public street or on public property.
oo
L, "Wetlands" means areas that are inundated or "saturated by surface or ground waters at a
27 frequency and duration sufficient to support, and that under normal circumstances do
28
26
1 support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
2 Wetlands generally include swamps, marshes, bogs, and similar areas.
3 15.12.030 Administration.
4 The enforcement official shall administer, implement, and enforce the provisions of this chapter.
5 Any powers granted to, or duties imposed upon, the enforcement official may be delegated by the
6 enforcement official to persons in the employ of the City of Carlsbad, or pursuant to contract.
7 When deemed necessary by the enforcement official, the enforcement official shall prepare and
8 present to the city council for approval regulations consistent with the general policies established
9 herein by the city council. The enforcement official shall enforce council approved regulations
10 necessary to the administration of this chapter, and may recommend that the council amend such
11 regulations as conditions require.
12 15.12.040 Applicability.
This chapter shall be interpreted to assure consistency with the requirements of the federal Clean
Water Act, applicable implementing regulations, and Municipal Permit.
15 15.12.050 Prohibited discharges.
The discharge of non-storm water discharges to the storm water conveyance system or to any
'' other conveyance system which discharges into receiving water is prohibited, including, but not
18 limited to:
19 A. Sewage;
20 B. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair
21 garages, or other types of automotive services facilities;
22 C. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment,
23 machinery, or facility including motor vehicles, cement-related equipment, and port-apotty
24 ...servicing, etc.;
25
D. Discharges of wash water from mobile operations such as mobile automobile washing,
steam cleaning, power washing, arid carpet cleaning, etc.;
27
28
27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
E. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal,
industrial, commercial, and residential areas including parking lots, streets, sidewalks,
driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.;
F. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or
other hazardous materials;
G. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
H. Discharges of sediment, pet waste, vegetation clippings, or other landscape or
construction-related wastes; and
I. Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat
and trash bin wash water, etc.).
15.12.055 Exemptions from discharge prohibitions.
A. The prohibition on discharges shall not apply to any discharge regulated under a NPDES
permit issued to the discharger and administered by the state of California pursuant to
Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in
compliance with all requirements of the permit and other applicable laws and regulations.
Proof of compliance with such permit may be required in a form acceptable to the city prior to
or as a 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
storm water conveyance system or receiving waters and are exempt from the definition of
non-storm water discharge when properly managed as required by applicable federal, state
and local laws, regulations or codes:
1. Water line flushing;
2. Landscape irrigation and lawn watering;
3. Diverted stream flows;
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
,15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. Rising ground waters or springs;
5. Uncontaminated pumped ground water not subject to any applicable NPDES permit;
6. Discharges from potable water sources not subject to any applicable NPDES permit;
7. Foundation and footing drains;
8. Air conditioning and refrigeration condensation;
9. Natural springs;
10. Water from crawl space pumps;
1 1 . Individual residential car washing;
12. Flows from riparian habitats and wetlands;
13. Dechlorinated swimming pool discharges;
14. Emergency firefighting; and,
15. Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)].
C. The prohibition of discharges shall not apply to any discharge which the enforcement official,
the county health officer, the State or San Diego Regional Water Quality Control Board, or
U.S. Environmental Protection Agency determines in writing are necessary for the protection
of the environment, water quality, and public health and safety.
15.12.060 Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of Municipal Permit 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, conceal 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 1 5. 1 2.050.
29
1 15.12.080 Reduction of pollutants contacting or entering storm water required.
2 A. It is unlawful for any person not to utilize best management practices to the maximum extent
3 practicable to eliminate or reduce pollutants entering the city's storm water conveyance
4 system.
5 B. In order to reduce the risk of contamination of storm water and the discharge of non-storm
6 water or pollutants to the city's storm water conveyance system, the enforcement official may
7 require the person(s) conducting the following activities to implement best management
8 practices to the maximum extent practicable:
9 1. Automobile, airplane, boat, and/or vehicle repair, service, fueling, maintenance, washing,
10 storage, and/or parking;
11 2. Landscape and garden care activities including application of related products, such as
12 pesticides, herbicides, and fertilizers;
13 3. Building remodeling, repair and maintenance, including, but not limited to: cement
1^ mixing, repair or cutting, masonry, plumbing, painting and/or coating;
^ 4. Impervious surface or building washing or cleaning, including pressure washing or steam
^ cleaning;
'' 5. Storage and disposal of household hazardous waste (e.g. paints, used motor oil,
1R cleaning products, pesticides, herbicides);
1Q 6. Disposal of pet waste;
20 7. Storage and disposal of green waste;
21 8. Mobile carpet, drape or furniture cleaning;
22 9. Pool, spa, Jacuzzi, or fountain cleaning, servicing, or repair;
23 10. Pest control;
24 11. Plant growing including: farmlands, fields, nurseries, greenhouses, and botanical
25
gardens.
pc
C. Persons conducting an activity or activities that the enforcement official determines may
27 contribute to an illegal discharge to the storm water conveyance system, and/or a tributary to
28
30
1 a Clean Water Act Section 303(d) impaired water body, where the site or source generates
2 pollutants for which the water body is impaired; and/or any person within or directly adjacent
3 to or discharging directly to a coastal lagoon or other receiving water may also be subject to
4 subsection 15.12.080(6.).
D. Business Activity Storm Water Pollution Prevention Plan (SWPPP). When the enforcement
6 official determines that a person in the course of conducting a business-related activity
7 causes, has the potential to cause, or contributes to a violation of the water quality standards
8 set forth in the San Diego Basin Plan or California Ocean Plan, or conveys pollutants to
9 receiving waters that may cause or contribute to the deterioration of water quality, then the
10 enforcement official may require the person to develop and implement a Business Activity
11 SWPPP that includes the implementation and use of best management practices, and an
12 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
""' other vehicle washing and/or parking; retail or wholesale fueling; mobile carpet, drape or
1 ft furniture cleaning; pest control services; eating and drinking establishments; cement
mixing, repair or cutting; masonry; plumbing; painting and coating; surface or building
on washing or cleaning services, including pressure washing or steam cleaning; botanical
21 or zoological gardens and exhibits; landscaping and lawn and garden services; nurseries
22 and greenhouses; golf courses, parks and other recreational areas/facilities; cemeteries;
23 pool and fountain cleaning; or port-a-potty servicing;
24 3. Persons owning or operating a parking lot or an impervious surface (including, but not
25 limited to, service station pavements, sidewalks, patios and paved private streets and
OG
roads) used for automobile-related or similar purposes shall clean those surfaces as
frequently and as thoroughly as is necessary, in accordance with best management
28
31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
practices, to prevent the discharge of pollutants to the city's storm water conveyance
system. Sweepings or cleaning residue from parking lots or impervious surfaces shall
not be swept or otherwise made or allowed to enter any storm water conveyance
system, gutter, or roadway, but must be disposed of in accordance with regional and
local solid waste procedures and regulations.
Persons owning or operating a parking lot or impervious surfaces used for similar
purposes shall clean those surfaces thoroughly as is necessary to prevent the
accumulation and discharge of pollutants to the storm water conveyance system to the
maximum extent practicable, but not less than once prior to each rainy season.
Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be
swept or otherwise made or allowed to enter the gutter, roadway or storm water
conveyance system.
E. Development, Grading or Construction Activities. Any person engaged in development,
grading or construction in the City of Carlsbad shall utilize best management practices to
prevent pollutants from entering the storm water conveyance system by complying with City
Standards, all applicable local ordinances, including Chapter 15.16 of the Carlsbad Municipal
" Code, the standard specifications for public works construction, when performing public work,
1R and, required provisions of all applicable NPDES Permits.
1Q In order to reduce the risk of contamination of storm water and the discharge of non-storm
20 water or pollutants to the city's storm water conveyance system, the enforcement official may
21 require the person conducting the development, grading or construction activities to prepare
22 and implement a Construction SWPPP in compliance with City Standards and/or to
23 implement best management practices to the maximum extent practicable.
24 F. No person shall stand or park any vehicle or equipment on any street for the purpose of
25 washing, greasing, repairing, and/or maintaining the vehicle or equipment, except for repairs
26 necessitated by an emergency.
27 "
28
32
1 G. No person shall stand or park any vehicle or equipment on any public street, if such vehicle
2 or equipment is determined by the enforcement official to be leaking fluids such as oils or
3 other fluids that contribute or have the potential to contribute a discharge of pollutants to the
4 storm water conveyance system and/or the receiving waters.
5 H. Other activities not covered by sections B, C, D, E and F of this section,
6 In order to reduce the risk of contamination of storm water, the discharge of non-storm water
7 or, pollutants to the city's storm water conveyance system, the enforcement official may
8 require the person conducting any activity not listed in sections B, C and D above, to
9 implement best management practices to the maximum extent practicable, if the enforcement
10 official determines that the activity has the potential to discharge pollutants or is known to
11 discharge pollutants to the storm water conveyance system or receiving waters.
12 I. Storm Water Management Plan (SWMP). Any project issued a development permit shall
13 comply with all applicable best management practices and low impact development (LID)
14 requirements of the Municipal Code, Standard Urban Storm Water Mitigation Plan (SUSMP),
15 City Standards and this code including but not limited to the following:
"I R 1. All development permit applications for priority development projects shall be
17 accompanied by a SWMP prepared pursuant to the SUSMP. No development permit
1R shall be approved or issued unless the following requirements have been met:
19 a. The city engineer has approved the SWMP in accordance with the SUSMP; and,
20
b. The development project complies with all best management practices specified in
21
the approved SWMP.
22
2. No development permit shall be issued for a priority development project without
23
ensuring that all structural treatment control best management practices, as specified in
24
the approved SWMP, will be maintained in compliance with the requirements of the
25
Municipal Permit, JURMP and SUSMP. To ensure maintenance of the structural26
treatment control best management practices, the owner of the development site shall
enter into a Permanent Storm Water Quality Best Management Practices Maintenance28
33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement or provide an alternate maintenance mechanism as approved by the
enforcement official.
15.12.090 Storm water conveyance system protection.
Every person owning property through which a storm water conveyance system passes, and such
person's lessee or tenant, shall keep and maintain that part of the storm water conveyance 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 storm water conveyance
system.
Every person shall maintain privately owned storm water conveyance structures within or adjacent
to a storm water conveyance system, so that such structures do not become a hazard to the use,
function or physical integrity of the storm water conveyance system.
Every person shall not remove healthy banks of vegetation beyond that actually necessary for
such maintenance which shall be accomplished in a manner that minimizes the vulnerability of the
storm water conveyance system to erosion; and shall be responsible for maintaining that portion of
the storm water conveyance system that is within their property lines in order to protect against
erosion and degradation of the storm water conveyance system originating or contributed from
their property.
No person shall commit or cause to be committed any of the following acts, unless a written permit
has first been obtained from the city and the appropriate state or federal agencies, if applicable:
A. Discharge pollutants into or connect any pipe or channel to the storm water conveyance
system;
B. Modify the natural flow of water in a storm water conveyance system;
C. Carry out developments within thirty feet of the center line of any storm water conveyance
system or twenty feet of the edge of a storm water conveyance system, whichever is the
greater distance;
D. Deposit in, plant in, or remove any material from a storm water conveyance system including
its banks except as required for necessary maintenance;
34
1 E. Construct, alter, enlarge, connect to, change or remove any structure in a storm water
2 conveyance system; or
3 F. Place any loose or unconsolidated material along the side of or within a storm water
4 conveyance system or so close to the side as to cause a diversion of the flow, or to cause a
5 probability of such material being carried away by storm waters passing through such a storm
6 water conveyance system.
7 G. The above requirements do not supersede any requirements set forth by the California
8 Department of Fish and Game Stream Alteration Permit process.
9 15.12.095 Structural treatment control BMP maintenance requirement.
10 A. Every person owning property which includes a structural treatment control best management
practice (BMP), installed pursuant to a city approved Storm Water Management Plan, shall:
12 1. Insure that each and every city approved structural treatment control BMP is operating
13 effectively and has been adequately maintained; and,
14 2. Provide an annual verification of the effective operation and maintenance of each and
every city approved structural treatment control BMP by the party responsible for the
16 maintenance of the structural treatment control BMP. The annual verification shall be
submitted to the enforcement official in a format as approved by the city prior to the start
of the rainy season.
1Q B. The enforcement official shall have the authority to conduct an inspection of any property
on containing a city approved structural treatment control BMP to enforce the provision of this
21 section in accordance with the inspection provisions specified in section 15.12.100 and
22 15.12.110 of this chapter.
23 15.12.100 Authority to inspect-
24 A. During normal and reasonable hours of operation, the enforcement official shall have the
25 authority to conduct an inspection to enforce the provisions of this chapter, and to ascertain
whether the requirements of this chapter are being met. The enforcement official has the
27 authority to inspect all publicly visible and accessible areas during reasonable times without
28
35
1 the permission of the property owner or representative, as long as those areas are not
2 specifically designated as no public access areas. If inaccessible or limited access areas are
3 to be inspected, an inspection may be conducted after the enforcement official has presented
4 the proper credentials and the owner, occupant, and or facility operator authorizes entry. If
5 the enforcement official is unable to locate the owner or other persons having charge or
6 control of the premises, or the owner, occupant, and/or facility operator refuses the request
7 for entry, the City of Carlsbad is empowered to seek assistance from any court of competent
8 jurisdiction in obtaining entry.
9 After obtaining authorized entry to a business or facility, the enforcement official may:
10 1. Inspect the premises at all reasonable times.
11 2. Carry out any sampling activities or install devices to conduct sampling or metering
12 operations necessary to enforce this chapter, including taking samples from the property
13 which the enforcement official reasonably believes is currently, or has in the past,
14 caused or contributed to causing an illegal storm water discharge to the storm water
15 conveyance system. Upon request by the property owner or his or her authorized
16 representative, split samples shall be given to the person from whose property the
1' samples were obtained.
18 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm
1Q water is an illegal discharge or whether the requirements of this chapter are met.
20 4. Photograph any effluent stream, material or waste, material or waste container,
21 container label, vehicle, waste treatment process, waste disposal site connection, or
22 condition believed to contribute to storm water pollution or constitute a violation of this
23 chapter.
24 5. Review and obtain a copy of the Industrial Activity Storm Water Pollution Prevention'
25
Plan, the hazardous materials release response plan and inventory, and/or any other
26 documents, permits, manifests, logs or records that may be required of the facility from
27
28
36
II
1 local, state or federal laws, regulations or codes in order to conduct operations or
2 business on the premises.
3 6. Require the facility operator to retain evidence, as instructed by the enforcement official,
4 for a period not to exceed thirty days.
5 7. Review and obtain copies of all storm water monitoring data compiled by the facility, if
6 such monitoring is required of the facility.
7 15.12.110 Inspection procedures - Additional requirements.
8 During the inspection, the enforcement official shall comply with all reasonable security, safety,
9 and sanitation measures. In addition, the enforcement official shall comply with reasonable
10 precautionary measures specified by the owner and/or occupant or facility operator.
11 At the conclusion of the inspection, and prior to leaving the site, the enforcement official shall
12 make every reasonable effort to review with the owner and/or occupant or the facility operator
1 3 each of the violations noted by the enforcement official and any corrective actions that may be
14 necessary. A report listing any violation found by the enforcement official during the inspection
15 shall be kept on file by the enforcement agency. An inspection report shall be provided to the
™ owner and/or occupant or facility operator, or left at the premises after being signed by a
17 designated representative of the facility. If corrective action is required, then the occupant, facility
1R owner, and/or facility operator shall implement corrective action plan based upon a written
1Q corrective action plan. The corrective action plan shall be submitted to the enforcement agency for
20 review and approval and should state the corrective actions to be taken and the expected dates of
21 completion. Failure to implement a corrective action plan constitutes a violation of this chapter.
22 All enforcement officials shall have adequate identification. Enforcement officials and other
23 authorized personnel shall identify themselves when entering any property for inspection purposes
24 or when inspecting the work of any contractor.
25 With the consent of the property owner or occupant, or pursuant to a search warrant, the
Ofo enforcement official is authorized to establish on any property that discharges directly or indirectly
27 to the municipal storm water conveyance system such devices as are necessary to conduct
28
37
1 sampling or metering operations. During all inspections as provided herein, the enforcement
2 official may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the
3 pursuit of the investigation or in the recordation of the activities onsite.
4 15.12.120 Containment, cleanup, and notification of spills.
5 Any person owning or occupying any premises who has knowledge of any release of materials,
6 pollutants or waste which may result in pollutants or non-storm water discharges entering any
7 storm water conveyance system shall immediately take all reasonable action to contain, minimize,
8 and clean up such release. Such person shall notify the City of Carlsbad of the occurrence and
9 any other appropriate federal, state or county agency of the occurrence as soon as possible, but
10 no later than twenty-four hours from the time of the incident's occurrence.
11 15.12.130 Testing, monitoring or mitigation requirements.
12 A. The enforcement official may require that any person engaged in any activity and/or owning
13 or operating any facility which causes or contributes to storm water pollution or
14 contamination, illegal discharges, prohibited discharges and/or discharge of non-storm water
15 to the storm water conveyance system perform monitoring, including physical and chemical
16 monitoring and/or analyses and furnish reports as the enforcement official may specify if:
1' 1. The person, or facility owner or operator, fails to eliminate illegal or prohibited discharges
18 within a specified time after receiving a written notice to do so by the enforcement
1QIa official;
20 2. The enforcement official has documented repeated violations of this chapter by the
21 person or facility owner or operator which has caused or contributed to storm water
22 pollution.
23 It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
24 provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall
25 bear a relationship to the types of pollutants which may be generated by the person's
9fi activities or the facility's operations. If the enforcement agency has evidence that a pollutant
27 is originating from a specific source or premises, then the enforcement agency may require
28
38
1 monitoring for that pollutant regardless of whether said pollutant may be generated by routine
2 activities or operations. The person or facility owner or operator shall be responsible for all
3 costs of these activities, analyses and reports.
B. Any persons required to monitor pursuant to subsection A of this section, shall implement a
5 storm water monitoring program including, but not limited to, the following:
6 1. Routine visual monitoring for dry weather flows;
7 2. Routine visual monitoring for spills which may pollute storm water runoff;
8 3. A monitoring log including monitoring date, potential pollution sources, as noted in parts
9 1 and 2 of this section B, and a description of the mitigation measures taken to eliminate
10 any potential pollution sources;
11 4. All samples must be collected using approved procedures and guidelines as set forth by
12 federal Environmental Protection Agency (EPA) approved protocols; and,
5. The samples must be analyzed by a State of California certified laboratory qualified to
undertaken such analyses.
c. The enforcement official may require a person, or facility owner or operator, to install or
16 implement storm water 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
1Q after receiving a written notice from the enforcement official;
20 2. The person, or facility owner or operator, fails to implement a storm water pollution
21 prevention plan, as required by the enforcement official; or,
22 3. The enforcement official has documented repeated violations of this chapter by any such
23 person or facility owner or operator which has caused or contributed to storm water
24 pollution.
25 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
27 subsections A,. B, and C of this section may be discontinued.
28
39
1 E. A storm water monitoring program prepared and implemented pursuant to any state-issued
2 NPDES General Permit shall be deemed to meet the requirements of a monitoring program
3 for the purposes of this chapter.
4 15.12.140 Concealment.
5 Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is
6 unlawful and shall constitute a separate violation of this chapter.
7 15.12.150 Administrative code enforcement powers and procedures.
8 The enforcement agency and enforcement official can exercise any code enforcement powers and
9 procedures as provided in Title 1 of this code. In addition to the general enforcement powers and
10 procedures provided in Title 1 of this code, the enforcement agency and enforcement official have
11 the authority to utilize the following administrative remedies as may be necessary to enforce this
12 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 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;
1 8 2. Comply with a time schedule for compliance; and,
1Q 3. Take appropriate remedial or preventive action to prevent the violation from recurring.
20 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
09 kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of
23 land or grounds, which may result in an increase in pollutants entering the city's storm water
24 conveyance system or a non-storm water discharge to the city's storm water conveyance
25 system, the enforcement official may issue orders and give written notice to remove same in
r\C
any reasonable manner. The recipient of such notice shall undertake the activities as
27 described in the notice.
28
40
Stop Work Orders. Whenever any work is being done contrary to the provisions of this
2 chapter, the enforcement official may order the work stopped by notice in writing served on
3 any person engaged in performing or causing such work to be done, and any such person
4 shall immediately stop such work until authorized by the enforcement official to proceed with
5 the work.
D. Permit or License Suspension, Denial or Revocation. Violations of this chapter may be
7 grounds for permit or license suspension or revocation, including but not limited to building
8 permits, right-of-way permits, grading permits and conditional use permits.
9 E. Civil Penalties. Any person who violates any of the provisions of this chapter, fails to prepare
10 or implement a corrective action plan when requested by the enforcement official, fails to
11 implement a storm water monitoring plan, violates any cease and desist order or notice to
12 clean and abate, or fails to adopt or implement a storm water pollution prevention plan as
13 directed by the enforcement official shall be liable for a civil penalty not to exceed two
14 thousand five hundred dollars for each day such a violation exists. The responsible party shall
15 be charged 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
1' preparing and bringing legal action under this subsection. In addition to any other applicable
1R procedures, the enforcement agency may utilize the lien procedures listed in Section
1Q 15.12.150(F) to enforce the responsible party's liability. The responsible party may also be
20 liable for compensatory damages for impairment, loss or destruction to water quality, wildlife,
21 fish and aquatic life.
22 The enforcement official shall take all appropriate legal steps to collect these obligations,
23 including referral to the city attorney for commencement of a civil action to recover said funds.
24 If collected as a lien, the enforcement official shall cause a notice of lien to be filed with the
25 county recorder, inform the county auditor and county recorder of the amount of
obligation, a description of the real property upon which the lien is to be recovered, and the
27 "
28
41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
name of the agency to which the obligation is to be paid. Upon payment in full, the
enforcement official shall file a release of lien with the county recorder.
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 party. 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.
15.12.160 Administrative notice, hearing, and appeal procedures.
A. Unless otherwise provided herein, any notice required to be given by the enforcement official
under this chapter shall be in writing and served in person or by registered or certified mail. If
served by mail, the notice shall be sent to the last address known to the enforcement official.
Where the address is unknown, service may be made upon the owner of record of the
property involved. Such notice shall be deemed to have been given at the time of deposit,
postage prepaid, in a facility regularly serviced by the United States Postal Service whether
or not the registered or certified mail is accepted.
B. When the enforcement official determines that a violation of one or more provisions of this
chapter exists or has occurred, any violator(s) or property owner(s) of record shall be served
by the enforcement official with a written notice and order. The notice and order shall state
the municipal code section violated, describe how violated, the location and date(s) of the
violation(s), and describe the corrective action required. The notice and order shall require
immediate corrective action by the violator(s) or property owner(s) and explain which
method(s) of administrative enforcement are being utilized by the enforcement official: cease
and desist order, notice to clean and abate, establishment of a storm water pollution
42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
prevention plan, and/or establishment of an employee training program. The notice and order
shall also explain the consequences of failure to comply, including that civil penalties shall
begin to immediately accrue if compliance is not achieved within ten 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 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 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 corrective action plan should be required, 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 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.
43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 days of the close of the
hearing, including findings of fact and conclusions of law, identifying the time frame
involved and the factors considered in assessing civil penalties, if any. The decision shall
be effective immediately unless otherwise stated in the decision. The hearing officer
shall cause the decision to be served on the enforcement official and all participating
violators or owners of record.
5. If the persons assessed civil penalties fail to pay them within the time specified in the
hearing officer's decision, the unpaid amount constitutes either a personal obligation of
the person assessed or a lien upon the real property on which the violation occurred, in
the discretion of the enforcement official. If the violation(s) is not corrected as directed
the civil penalty continues to accrue on a daily basis. Civil penalties may not exceed one
hundred thousand dollars in the aggregate. When the violation is subsequently
corrected, the enforcement official shall notify the violator(s) and/or owner(s) of record of
the outstanding civil penalties and provide an opportunity for hearing if the amount(s) is
disputed within ten days from such notice.
6. 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 name of the agency to which the obligation is to be paid. Upon
payment' in full, the enforcement official shall file a release of lien with the county
recorder.
44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
£5
16
17
18
19
20
21
22
23
24
25
26
27
28
15.12.170 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.
B. Injunction/Abatement 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 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, notice of determination, hearing officer's
decision or city council'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.
15.12.180 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to the public 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 official 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.
45
1 The full cost of such abatement and restoration shall be borne by the owner of the property and
2 shall be a lien upon and against the property in accordance with the procedures set forth in
3 Section 15.12.150(F).
4 15.12.190 Remedies not exclusive.
5 Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and
6 criminal penalties provided by law, including, but not limited to, penalty provisions of the Federal
7 Clean Water Act and/or the state Porter-Cologne Water Quality Control Act. The Porter-Cologne
8 Water Quality Control Act is California Water Code Section 13000 et seq., and any future
9 amendments. The seeking of such federal and/or state remedies shall not preclude the
10 simultaneous commencement of proceedings pursuant to this chapter.
11 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption;
12 and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
13 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
^ adoption.
17
18 ///
19
20
21
22
23
24
25
26
27
28
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 25th day of March, 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 1st day of April, 2008, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
RONACtfR. BALL, City Attorney
ATTEST:
LORRAINE M
(SEAL)