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HomeMy WebLinkAbout1996-05-07; City Council; 13644; Storm Water Issues Update”: I” Ic <- 7- L^ u.-- - .o z 0 e 6 2 3 0 0 6 Cj#Y OF CARLSBAD - AGWA BILL DEPT. I AB # 15 6,4“[ TITLE: MTG, r‘, --q-?(? STORM WATER ISSUES CITY A’ CITY M DEPT. ENG RECOMMENDED ACTION: UPDATE 1. 2. Accept and file Storm Water Quality Management Program Status Report. Adopt Resolution No, YCI. -/G 7 authorizing the appropriation of funds frc General Fund Balance to the Engineering Department Operating Buds Stormwater Pollution Prevention Plans in the amount of $25,000. Authorize staff to issue a Request for Proposal to develop Storm Water PC Prevention Plans for City-owned facilities. 3. ITEM EXPLANATION: The City of Carlsbad is required under federal and state law to have a permit reg drainage system discharges (both storm water and non-stormwater). To me requirement, the City has been a co-permittee of the San Diego Region’s National PC Discharge Elimination System Permit since July 16, 1990. This permit is expiring i region is in the process of developing a new permit. In May, 1995, the Regional Water Quality Control Board issued a draft permit. receiving comments, they decided to revise the permit. As of January 30, 19! revised draft permit has not been issued, but is expected shortly. It is currently antic that a final permit will be considered by the Board in May or June, 1996. The new permit will be more specific in its requirements and as a result, citize businesses in Carlsbad may need to implement a number of programs to minim pollution of storm water and eliminate the discharge of substances other than storr into the City’s drainage system. A Comprehensive Storm Water and Urban Management Program is being considered which will include the following compc 0 Legal Authority e Best Management Practices Program e e Fiscal Analysis e Illicit Connection/lllegal Discharge Detection Program e Wet Weather Monitoring and Repofling Program Assessment of Management Program Effectiveness These components are discussed in more detail in the attached status report. Or significant elements of the permit is the need for the City to enact an ordinance p the legal authority to enforce the new requirements. This ordinance is current written and the latest draft is attached for your information. It should be noted draft ordinance will be updated based on the requirements of the new per comments from other interested parties. Once this information is integrated into 1 ordinance, it will be brought forward for formal City Council consideration. The new permit will also require the City to implement a Best Management F Program, Under this program, municipal, construction, commercial and industria will manage their operations in a way which minimizes the pollution of water entc storm drain system. Some of the required activities include: 0 * Page 2 of Agenda Bill No. js, 6 +iL/ b Land use planning 0 Employee education e Construction site planning e Public education 9 Pollution prevention plans for City facilities Education of construction, commercial, and industrial site owners Review of pollution prevention plans for industrial sites @ 0 e Enforcement To comply with the new permit and serve as a model for other entities which required to develop Storm Water Pollution Prevention Plans (SWPPPs), it is ci requested that the Crty Council appropriate $25,000 to develop SWPPPs for City- facilities including, but not limited to, Oak Street, Parks & Recreation, Fleet, and Each SWPPP will describe the site, potential significant storm water pollution sc existing and suggested best management practices, and suggested employee tra The new permit will also require the City to enter into a Memorandum of Underst with the other co-permittees in order to establish the working relationship betws participating entities. The City of San Diego is the lead agency. The Memoranc Understanding will be submitted for City Council consideration after the permit is fir Carlsbad will have several options regarding the implementation of its storm program. Additional staff could conduct the storm water program in-house orthe pi could be contracted out to another agency such as the Encina Joint Powers A These options will require further study and consideration. RECOMMENDATION: It is recommended that the City Council accept and file the Storm Water Management Program Status Report. It is further recommended that the City ( adopt the attached Resolution to appropriate $25,000 from the General Fund bala Storm Water Pollution Prevention Plans for City-owned facilities and authorize staff tc a Request for Proposal. FISCAL IMPACT Funding of the Storm Water Pollution Prevention Plans for City-owned facilities will a $25,000 appropriation from the General Fund Balance. Initial start-up costs for the NPDES program currently under consideration are est at $229,000. Ongoing costs could range from $227,000 to $492,000 per year. Th total cost for the first year of the program could be between $456,000 and $721 ,OOC program costs over five years are estimated between $1,364,000 and $2,689,00( wide range is due to the fact that the permit is open to interpretation by the Regiona in terms of required levels of street sweeping and storm drain cleaning. Actual cc vary depending upon the ultimate levels of service required. Funding sources which may be considered include the General Fund, fees charged water hill, and community service districts. ii 0 Page 3 of Agenda Bill No. 19. d '!/"I 1 EXHIBITS: 1. Status Report. 2. 3. Draft Memorandum of Understanding. 4. Resolution Authorizing the Finance Director to Appropriate Funds from the C Fund Balance to the Engineering Department Operating Budget for Storm Pollution Prevention Plans. JUG 8 '2 6 - j b '7 Draft Request for Proposal for the Development of Storm Water Pollution Prei Plans. Draft Storm Water Management and Discharge Control Ordinance. 5. 0 e CITY OF CARLSBAD Storm Water Quality Management Program Status Report A. Background Pollutants in storm water discharges are largely uncontrolled not only in the City of Carlsba but in most cities in the United States. The U.S. Environmental Protection Agency h determined that pollutants in runoff from urban areas and from construction sites are a leadii cause of water quality impairment. In recognition of this problem, Federal Legislation w enacted which now requires that the City of Carlsbad establish a Storm Water Quali Management Program. The new regulations are called the National Pollutant Discharge Elimination System (NPDES They were established under the 1972 Clean Water Act which was reauthorized as the Wat Quality Act of 1987. These regulations require the Environmental Protection Agency @PA) establish permit application requirements for: 1) Storm water discharges associated with large municipal jurisdictions being served 1 separate storm drain systems; and, Storm water discharges from any jurisdiction whose storm water discharged in receiving waters found to be in violation of established water quality objectives. 2) The task of administering the Water Quality Act in California was delegated by the EPA to t Regional Water Quality Control Boards. The Regional Water Quality Control Board (RWQC for the San Diego Region issued Order No. 90-42 on July 16, 1990, naming the City Carlsbad as a co-permittee on a Regionwide NPDES permit. This permit is expiring and t RWQCB is expected to issue a new five year permit in May or June, 1996. Jurisdictions which do not comply with the provisions of the NPDES program can face penalti of up to $25 ,OOO per day. 1 EXH CITY RESIDENTIAL San Diego Chula Vista $.84 per month (single family) $.70 per month (single family) El Cajon $1.00 bi-monthly Escondido $.39 per month (single family) $. 13 per month (per unit for multi-family) $.lo per month (single family) $.OS per month (mobile home/apt.) National City MULTI- FAMlLY/COMMERCIAL $.055 per 100 cubic feet of water used $.06 per 100 cubic feet of water used $1.00 bi-monthly $.78 per month $.0123 per 100 cubic feet of water used 0 0 Congress is currently considering the reauthorization of the Clean Water Act. TI- reauthorization could reduce the impact of NPDES on cities. Locally, San Marcos and tl County of San Diego have expressed concern that "DES is an unfunded mandate. Howeve both entities have subsequently elected to comply with the regulations and the terms of tht existing permits. The San Diego Region NPDES Permit issued in 1990 is expiring and the local jurisdictions ha been meeting with the Regional Water Quality Control Board to develop a new permit. In Ma, 1995, the Regional Water Quality Control Board issued a draft permit. After receivir comments, they decided to revise the permit. As of J~uary 30, 1996, the revised draft pern has not been issued, but is expected shortly. It is currently anticipated that a final permit w be considered by the Board in May or June, 1996. C. Pedt Requirements Although a final permit has not yet been adopted, following are the elements included in t most recent draft permit. It is anticipated that most of these requirements, in some form, w be included in the final permit. 1. Discharge Specifications In general, the City is required to prohibit any discharge other than storm water to j drainage system. However, if the City can implement and monitor a best manageme practices program to the satisfaction of the San Diego Regional Water Quality Contr Board Executive Officer, the following classes of non-stormwater discharges may 1 allowed. m Water line flushing 0 Landscape irrigation e Diverted stream flows Rising ground waters Uncontaminated ground water infiltration to stormwater conveyance systems e Uncontaminated pumped ground water Discharges from potable water sources m Foundation drains 0 Air conditioning condensation e Irrigation water springs e e Footing drains 0 Lawn watering m Individual residential car washing e e Dechlorinated swimming pool discharges Water from crawl space pumps Flows from riparian habitats and wetlands e Street wash water 3 a 0 2. Comprehensive Storm Water and Urban Runoff Management Program The new storm water permit will require the City to implement a comprehensive stor water and urban runoff management program over the next five years. This progra will have impacts on City operations, construction practices, and commercial ar industrial business operations. The required components are listed below ar subsequently described in more detail. 0 Legal Authority 0 Best Management Practices Program 0 0 0 Fiscal Analysis 3. Legal Authority The City is required to obtain the legal authority needed to implement the provisions ( the permit. This means that the City must enact an Ordinance making it illegal to spil dump, or dispose of materials other than stormwater into the storm drain system. TI intent of the ordinance is to protect and enhance the water quality of the City watercourses, water bodies and wetlands in a manner pursuant to and consistent with tl Federal Water Pollution Control Act. City employees will be trained on the requirements, how to recognize violations, ar how to report a violation. When violations are observed, an investigation will 1 conducted, violators will be held accountable for compliance with the code, and, appropriate, civil or criminal legal proceedings initiated. An ordinance will be present6 to the City Council for consideration after the permit is finalized (draft copy attached 4. The purpose of the Illicit Connection and Illegal Discharge (IC/ID) Detection Progra is to detect and eliminate illicit connections and illegal discharges to the storm watt conveyance system. The program will consist of detection of IC/IDs, follow u investigation, and elimination of each IC/ID. Following are two examples of situatior that would be addressed under this program. Example 1 Illicit Connection/Illegal Discharge Detection Program Wet Weather Monitoring and Reporting Program Assessment of Management Program Effectiveness Illicit Connection/Illegal Discharge Detection Program A pipe is connected to the storm drain system for the purpose of disposir either through the pipe or directly to a nearby gutter into the stormdra system (illegal discharge), laundry wash water (illicit connection). Used wash water is releast 4 ACTIVITY Street Sweeping Storm Drain Maintenance Car Washing Lawn Watering Swimming Pool Draining BEST MANAGEMENT PRACTICE (BMP) increase frequency to reduce debris entering storm drain system increase level of maintenance to reduce debris entering storm drain system utilize public education program to promote the practice of washing cars on lawns instead of on driveways utilize public education program to discourage over-watering of lawns utilize public education program to promote the practice of de- chlorinating water before emptying swimming pool (note: this can be done by allowing water to stand, untreated, for several days) e I) c. Construction Best Management Practices Program--Reduce pollutants 1 storm water from construction sites and maintain pre-constructic hydrologic conditions. Some of the required activities include si planning, education of construction site owners, review of pollutic prevention plans, and enforcement. Commercial Best Management Practices Program--Reduce pollutants j storm water runoff from commercial sites. Some of the required activitic include prioritization of commercial categories, education of site owner and enforcement. Industrial Best Management Practices Program--Reduce pollutants in stor water runoff from industrial sites. Some of the required activities incluc prioritization of industrial categories, education of site owners, ar enforcement. d. e. 6, Wet and Dry Weather Monitoring Programs A major task necessary to establish a comprehensive Storm Water Quality Manageme Program is implementation of a program for the testing and monitoring of storm watc flows. Testing and monitoring is necessary to determine the type, quantity ar characteristic of the pollutants within the various conveyance systems and within tl receiving waters in the City. Testing is conducted on dry weather flows to detect illeg dumping or connection of non-storm water into the conveyance system. Wet weathc testing is done during storm events to determine the residual pollutant loads from all no] point sources within the drainage basin. As required under the current permit, Carlsbad has been an active participant in regionwide wet weather testing program through a contract with the City of San Diegc The current program tests storm runoff at 15 locations of representative watershec throughout the county and documents the pollutant loadings from a minimum of tu storm events. Two of these stations are within the City of Carlsbad. Dry weather testing is used primarily to detect illicit connections. The RWQCB h( indicated a willingness to consider a graduated testing program which begins at tl receiving water and progresses up stream until there are no further water quali violations. 7. The new permit will require the City to submit a report describing estimated reductio1 in storm water pollutant loads expected as a result of the implementation of tl Comprehensive Storm Water and Urban Runoff Management Program. Assessment of Management Program Effectiveness 6 w 0 8. Fiscal Analysis The new permit will require each jurisdiction to establish a dedicated funding source 1 ensure that all required programs can be implemented. Options include the Gener Fund, fees, community service districts, and other mechanisms which provide ongoir revenues. 9. Memorandum of Understanding In order to remain as a co-permittee with the other jurisdictions in the San Diego regioi the City must enter into a memorandum of understanding. This agreement indicates th the City of San Diego will act as lead agency and outlines the cost sharing formula th activities of the co-permittees with the Regional Board, submitting all documents requiri by the permit, providing information to the co-permittees regarding State and FedeI, regulations, and submitting proposed wet weather monitoring plan modifications to tf. Regional Board. Copermittees retain the responsibility for funding and implementir stormwater programs within their own jurisdictions. A copy of the draft agreement attached. It is anticipated that this agreement will be submitted for City Counc consideration shortly after the new permit is adopted. 10. Reporting Requirements Carlsbad will be required to provide an annual report to the Regional Water Quali Control Board on all of its activities regarding NPDES. In addition, various othr compliance reports will be required. will be utilized, As lead agency, the City of San Diego is responsible for coordinatir D. Existing and Proposed Programs The City has been complying with the existing provisions of Order 90-42 through a number t different efforts. Operationally, crews are available to respond to minor incidents of impropl discharge to storm drains. Staff has also provided oversight to volunteers who have stencilc public information logos on storm drain inlets. The City implemented a dry weather testir program in 1993, 1994, and 1995 and also participates in the regionwide wet weather testin program. From an administrative standpoint, the City has met all of the reporting requiremen of Order 90-42 and has also adopted a Storm Water Quality Management Plan as part of tf. Drainage Master Plan. For public education purposes, an article appeared in a recent Parks an Recreation summer schedule publication sent to all residences in Carlsbad. The article include a phone number to call to report illegal dumping incidents. 7 0 e Several examples of new activities that will be required over the next five years are listed belou Public education and hot-line = B Employee education on how to deal with storm water pollution control Establish and enforce standards to minimize nonstormwater runoff Development of BMP manual to assist the City and businesses in complying wit requirements to reduce pollutants in storm water Develop Storm Water Pollution Prevention Plans for all City facilities and corporatio yards (Oak Street, Fleet, Parks & Recreation, Water District Yard) Commercial and industrial entities compliance with adopted regulations Coordination and cooperation with private development to meet goals and objectives c the Clean Water Act and NPDES = M W Increased erosion control w = Verify Storm Water Pollution Prevention Plan and spill response program Integrate BMPs as conditions of land use approvals and as part of project developmen requirements It is currently unknown the extent to which increased storm drain maintenance and increasec street sweeping will be required. Significant increases could be quite costly. The annual COI to increase the frequency of street sweeping from monthly to twice a month is approximate1 $86,000. Less precise estimates are available for additional storm drain cleaning, but those cost! could range from $50,000 to $200,000 per year. The permit as currently structured is open t( interpretation by the Regional Board which would be in a position to define the levels of servict in these potentially costly areas. E. Implementation Alternatives After the permit is adopted, Carlsbad will have options regarding its implementation. Onr possibility is to hire additional staff and conduct the stormwater program in-house. Anothe option would be to contract with another agency to provide this service such as the Encirx Wastewater Authority. These options require further study and consideration. 8 e F. Program Funding This section was prepared under the assumption that the NPDES program will be performed ii house. After the permit is adopted, the work program will be refined and more detailed cos and options will be provided. The following is a preliminary estimate. Initial start-up costs for the NPDES program currently under consideration are estimated I $229,000. Ongoing costs could range from $227,000 to $492,000 per year. Thus, the total co for the first year of the program could be anywhere between $456,000 and $721,000. Tot program costs over five years are estimated between $1,364,000 and $2,689,000. This wic range is due to the fact that the permit is open to interpretation by the Regional Board in term of required levels of street sweeping and storm drain cleaning. Actual costs will vary dependin upon the ultimate levels of service required. There are several alternative funding sources that could be used including the General Fund, fec charged on the water bill, and community service districts. These options need to be studie further to determine which one will be most effective in the City of Carlsbad. start-up costs Storm Water Pollution Prevention Plans $25,000 Assoc. Planner/one year--revise regulations 67,000 Mgmt. Analyst/one year--matrix, public educ. 67,000 Implementation Committee Start-up 50,000 Legal--200 hours 20.000 SUBTOTAL START-UP COSTS $229,000 Ongoing Costs Low Estimate High Estimate Storm Water Coordinator (equiv. to Assoc. Eng.) $ 76,000 $ 76,000 Storm Water Technician (equiv. to Bldg. Insp. I) 53,000 53,000 Clerical (equiv. to half-time Secretary) 20,000 20,000 Wet Weather Testing 20,000 20,000 Dry Weather Testing 30,000 30,000 Permit Fees 3 $00 3 ,ooo Additional Storm Drain Cleaning -0- 180,000 Additional Street Sweeping -0- 85,000 Public Education (printed material, etc.) 25,000 25 .OOO SUBTOTAL ONGOING ANNUAL COSTS $227,000 $492,000 _______-___ ----------- TOTAL ESTIMATED FIRST YEAR COST $456,000 $721,000 9 - -- -=% _- .-r-- 1 <Q '\ k- Lbli +:: $ 0 0 CHAPTER 15.1 2 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: (3) Reducing pollutants in storm watt 15.08.01 0 Purpose and Intent discharges, including those pollutants take 15.08.020 Definitions up by storm water as it flows over urba 1 5.08.030 Ad minist rat ion areas (Urban Runoff), to the maximum exter 15.08.040 Construction and practicable. Application (4) Reducing pollutants in storm watc 15.08.050 Discharge of Pollutants discharges in order to achieve applicabl 15.08.060 Discharge in Violation of water quality objectives for surface waters i 15.08.070 Illicit Connections 15.08.080 Reduction of Pollutants The intent of this ordinance is ts protec Contacting or Entering and enhance the water quality of ou Storm Water Required watercourses, water bodies, and wetlands ii 15.08.090 Watercourse Protection a manner pursuant to and consistent wit1 15.08.100 Authority to Inspect the Clean Water Act and the San Diegc 15.08.1 10 Inspection Procedures-- Regional Water Quality Control Board Orde 15.08.120 Containment, Cleanup, 15.08.130 Testing, Monitoring or When used in this Chapter, the followin! terms shall have the meanings ascribed tc 15.08.140 Concealment them in this Section: 15.08.150 Administrative (1) "Basin Plan" means th6 Enforcement Powers Comprehensive Water Quality Control Plar 15.08.1 60 Administrative Notice, for the San Diego Basin adopted by the Hearing, and Appeal Regional Water Quality Control Board, Sar Procedures Diego Region (July 1975) and approved b! 15,08,170 Judicial Enforcement the State Water Resources Control Board 15.08.180 Violations Deemed a together with subsequent amendments. Public Nuisance (2) "Best Management Practices o 15.08.190 Remedies Not Exclusive (BMP)" means schedules of activities prohibitions of practices, general gooc 15.08.01 0 Purpose and Intent. house keeping practices, pollutior The purpose of this Chapter is to ensure prevention and educational practices the future health, safety, and general wetfare maintenance procedures, and othei of the citizens of the City of Carlsbad by: management practices to prevent or reduce (1) Prohibiting non-storm water to the maximum extent practicable (MEP) the discharges to the storm water conveyance discharge of pollutants directly or indirect I\ system. to waters of the United States. BMPs alsc (2) Eliminating discharges to the storm include treatment requirements, operatins water conveyance system from spills, procedures, and practices to control plan dumping or disposal of materials other than site runoff, spillage or leaks, sludge or waste storm water or permitted or exempted disposal, or drainage from raw materials discharges. st0 rage. Permit San Diego County. Additional Requirements NO. 90-42. and Notification of Spills 15.08.020 Definitions. Mitigation Required-When. (3) "Building Permit'' shall mean a permit issued by the Director of Community Development pursuant to Chapter 18.04. H :\LI BRARYIE NG\WP DATAUACOBS\I C I D-1 .OR D 1 I,? {, --I 0 0 gp<J=\)- ( (4) "California Ocean Plan" means the means a documented employee trainin California Ocean Plan: Water Quality Control program for all persons responsible fc Plan for Ocean Waters of California adopted implementing a Storm Water Pollutio by the State Water Resources Control Board Prevention Plan. The Employee Trainin September 1991 and any subsequent Program shall include, but is not limited tc amendments. the following topics: (5) "Clean Water Act" shall mean the (a) Laws, regulations, and locz Federal Water Pollution Control Act enacted ordinances associated with storm wate by Public Law 92-500, as amended by pollution prevention, and an overview of th Public Laws 95-21 7,95-576,96-@3, and 05- potential impacts of polluted storm water o 117 (33 USCA Section 1251 et seq.), and the receiving waters of the San Diego regior any subsequent amendments. (b) Proper handling of all materials an the Health Officer of the County of San (c) Mitigation of spills including sp Diego Department of Public Health or response, containment and cleanu designee. procedures. (7) "Development" shall mean: (d) Visual monitoring of all effluel; (a) The placement or erection of any streams to ensure that no illicit discharge, solid material or structure on land, in water, enter the storm water conveyance system. or under water; (e) Discussion of the difference. (b) The discharge or disposal of any between the storm water conveyance systen dredged material or of any gaseous, liquid, and the sanitary sewer system. solid, or thermal waste; (9 Identification of all on-sitc (c) The grading, removing, dredging, connections to the storm water conveyancc mining, or extraction of any materials; system. of the use of land, including, but not limited housekeeping procedures. to, a subdivision pursuant to the Subdivision (h) Material management practice$ Map Act (Government Code Section 6641 0, employed by the facility to reduce o et seq.) and any other division of land, eliminate pollutant contact with storm wate except where the division of land is brought discharge. about in connection with the purchase of (9) "Enclosed Bays and Estuaries Plan such land by a public agency for public means the California Enclosed Bays anc recreational use; Estuaries Plan: Water Quality Control Plat (e) A change in the intensity of the use for Enclosed Bays and Estuaries of Californic of water, or of access thereto; adopted by the State Water Resources (9 The construct ion, reconstruct ion, Control Board April 11, 1991 and any demolition, or alteration of the size of any subsequent amendments. structure, including any facility of any private, (1 0) "Enforcement Agency" shall mear public, or municipal entity; and, the City of Carlsbad or its authorized agents (9) The removal or harvesting of major charged with ensuring compliance with this vegetation other than for agricultural Chapter. purposes. (1 1) "Enforcement OfficialH shall mear the Ciy Manager or his or her designee. As used in this definition, "structure" (1 2) "Hazardous Materials" shall mear includes, but is not limited to, any building, any substance or mixture of substances road, pipe, flume, conduit, siphon, aqueduct, which is toxic, corrosive, flammable, an telephone line, and electrical power irritant, a strong sensitizer, or generates transmission and distribution line. (Source: pressure through decomposition, heat or Government Code Section 65927). other means, if such a substance or mixture (8) "Employee Training Program" of substances may cause substantial injury, (6) "County Health Officer" shall mean wastes to prevent spillage. (d) A change in the density or intensity (g) Preventive maintenance and goot H:\LIBRARY\ENG\WPDATAUACOBS\ICID-1 .ORD 2 ,7\ p) > Zk=j lllr e Lji-f\" L serious illness or harm to humans, domestic Control Board, San Diego Region, Generi livestock, or wildlife. De-Watering Permits (Order Numbers 91 -1 un-permitted or undocumented physical (1 7) "Nan-Storm Water Dischargc connection to the storm water conveyance means any discharge to the storm watc system which has not been approved by the conveyance system that is not entire1 City of Carlsbad, or any connection which composed of storm water. drains illegal discharges either directly or "NPDES General Permit" sha indirectly into a storm water conveyance mean a permit issued by the State Wate system. Resources Control Board, including, but nc non-permitted or non-exempt discharge to (a) NPDES General Permit for Storr the storm water conveyance system that is Water Discharges Associated with IndustriE not composed entirely of storm water, or is Activities; and, expressly prohibited by federal, state, or (b) NPDES General Permit for Storr local regulations, laws, codes, orordinances, Water Discharges Associated witt or degrades the quality of receiving waters in Construction Activity. violation of Basin Plan and California Ocean (1 9) "Order No. 90-42", dated July 16 Plan standards. 1990, shall mean San Diego Regional Wate (1 5) "Maximum Extent Practicable" shall Quality Control Board Order Number 90-42 mean, with respect to Best Management which constitutes NPDES Permit Numbe Practices (BMPs), an individual BMP or CAO108758, together with all amendments group of BMPs which address a Pollutant of and which is on file in the office of the Cit concern, which have a cost of Clerk. implementation reasonably related to the (20) "Parking Lot" shall mean an oper pollution control benefits achieved, and area, other than a street or other public way which are technologically feasible. used for the parking of motorized vehicles, (1 6) "National Pollution Discharge whether for a fee or free, to accommodate Elimination System (NPDES) Permit" shall clienk or customers or to accommodate mean a permit issued by the Regional Water residents of multi-family dwellings (i.e., Quality Control Board or the State Water apartments, condominiums, townhomes Resources Control Board pursuant to mobile homes, dormitories, group quarters, Chapter 5.5, Division 7 of the California etc.). Water Code, to control discharges from point (21) "Person" shall mean an) sources to waters of the United States, individual, organization, business trust including, but not limited to: company, partnership, entity, firm, (a) California Regional Water Quality association, corporation, or public agency, Control Board, San Diego Region, Order No. including the Sate of California and the 90-42 (NPDES NO. CA 0108758) NPDES United States of America. Municipal Permit - Waste Discharge (22) "Pollutant" includes, but is not Requirements for Storm Water and Urban limited to, solid waste, sewage, garbage, Runoff from the County of San Diego, the medical waste, wrecked or discarded Incorporated Cities of San Diego County, equipment, radioactive materials, dredged and the San Diego Unified Port District; spoil, rock, sand, industrial waste, and any NPDES General Permit for Storm organic or inorganic substance defined as Water Discharges Associated with Industrial a pollutant under 40 C.F.R. 122.2 whose Activities' presence degrades the quality of the (c) NPDES General Permit for Storm receiving waters in violation of Basin Plan Water Discharges Associated with and California Ocean Plan standards such Construction Activity; and, as fecal coliform, fecal streptococcus, (d) California Regional Water Quality enterococcus, volatile organic carbon (VOC), (1 3) "Illicit Connection" means any and 90-31). (1 8) (1 4) "Illegal Discharge" means any limited to: (b) H:\LIBRARY\ENG\WPDATAUACOBS\ICID-l .ORD 3 -3- - -=- jl y & :' x -* .1 'Y 1" I 0 e surfactants, oil and grease, petroleum waters of the United States, including ar hydrocarbons, total organic carbon (TOC), roads with drainage systems, municip lead, copper, chromium, cadmium, silver, streets, catch basins, natural and artificb nickel, zinc, cyanides, phenols, and channels or storm drains. biocides. (27) "Storm Water Pollution Preventic Plan" means a document which describe A pollutant also includes any the on-site program activities to eliminate c contaminant which degrades the quality of reduce to the maximum extent practicablc the receiving waters in violation of Basin pollutant discharges to the storm watc Plan and California Ocean Plan standards conveyance system. by altering any of the following parameters: A Storm Water Pollution Prevention Pla pH, total suspended and settleable solids, prepared and implemented pursuant to an biochemical oxygen demand (BOD), NPDES Storm Water permit shall med th chemical oxygen demand (COD), nutrients, definition of a Storm Water Pollutio and temperature. Prevention Plan for the purposes of thi (23) "Premises" means any building, lot Chapter. parcel, real estate, land or portion of land (28) "Watercourse" means any natural o whet her improved or unimproved. artificial stream, river, creek, ditch, channe (24) "Receiving Waters" means surface canal, conduit, culvert, drain, watenrva) bodies of water, which serve as discharge gully, ravine, arroyo or wash, in which water points for the storm water conveyance flow in a definite direction or course, eiths system, including the Batiquitos Lagoon, continuously or intermittently, and which ha Agua Hedionda Lagoon and Buena Vista a definite channel and a bed or banks. I Lagoon and their tributary creeks, reservoirs, channel is not limited to land covered b lakes, estuaries, and the Pacific Ocean. minimal or ordinary flow but also include (25) "Storm Water" shall mean surface land covered during times of high watet runoff and drainage associated with storm Watercourse" does not include any surfacc events and snow melt prior to contact with drainage prior to its collection in a stream areas in which the natural environment has culvert, drain, waterway, gully, ravine, arroyc been significantly disturbed or altered, either or wash. directly or indirectly, as a result of human (29) 'Wet Season" means October 1: activity (also see definition for "Non-Storm through April 15. Water). (30) 'Wetlands" shall mean areas tha For the purposes of this Chapter, Storm are inundated or saturated by surface o Water runoff and drainage from areas that ground waters at a frequency and duratioi are in a natural state, have not been sufficient to support, and that under norma significantly disturbed or altered, either circumstances do support, a prevalence Oi directly or indirectly, as a result of human vegetation typically adapted for life ir activity, and the character and type of saturated soil conditions. Wetland: Pollutants naturally appearing in the runoff generally include swamps, marshes, bogs have not been significantly altered, either and similar areas. directly or indirectly, as a result of human activity, shall be considered "unpolluted" and 15.08.030 Administration shall satisfy the definition of "Storm Water in The Enforcement Official shal this Chapter. administer, implement, and enforce the provisions of this Chapter. Any powers (26) "Storm Water Conveyance System" granted to, or duties imposed upon, the includes, but is not limited to those Enforcement Official may be delegated by municipal facilities within the City of Carlsbad the Enforcement Official to Persons in the by which storm water may be conveyed to employ of the City, or pursuant to contract. H:\LIBRARYiENG\WPDATAUACOBS\ICID-1 .ORD 4 urban areas, agricultural areas, and/or other river, creek, ditch, channel, canal, conduit ~ --- --- nq/- \” jl 0 0 f-JY ‘,-ILL d When deemed necessary by the related to cleaning and maintenance by th Enforcement Official, the Enforcement City of Carlsbad or its contractor for sai Official shall prepare and present to the City services, flows from riparian habitats an Council for approval regulations consistent wetlands, dechlorinated swimming poi with the general policies established herein discharges or flows from fire fightin by the City Council. The Enforcement activities, and waters not othenvis Official shall enforce Council approved containing wastes as defined in Californi regulations necessary to the administration Water Code Section 13050(d) and Californi of this ordinance, and may recommend that Health and Safety Code Section 251 17. the Council amend such regulations from (3) The prohibition of discharges sha time to time as conditions require. not apply to any discharge which the City c Carlsbad or the county health officer, and/c 15.08.040 Construction and Application the Regional Water Quality Control Boar This Chapter shall be interpreted to determine are necessary for the protection c assure consistency with the requirements of the public health and safety. the federal Clean Water Act and acts amendatory thereof or supplementary 15.08.060 Discharge in Violation o thereto, applicable implementing regulations, Permit and NPDES Permit No. CA0108758 and any Any discharge that would result in o amendment, revision or reissuance thereof. contribute to a violation of NPDES Permi No. CA 0108758 and any amendmeni 15.08.050 Discharge of Pollutants revision or reissuance thereof, eithe The discharge of non-storm water separately considered or when combinec discharges to the storm water conveyance with other discharges, is prohibited. Liabilit system or to any other conveyance system for any such discharge shall be thc which discharges into receiving water is responsibility of the person(s) causing o prohibited, except as specified below: responsible for the discharge. (1) The prohibition on discharges shall not apply to any discharge regulated under 15.08.070 Illicit Connections a NPDES permit issued to the discharger It is prohibited to establish, use and administered by the State of California maintain, or continue illicit connections to tht pursuant to Chapter 5.5, Division 7, of the storm water conveyance system, regardlesr California Water Code, provided that the of whether such connections were madt discharger is in compliance with all under a permit or other authorization o requirements of the permit and other whether permissible under the law o applicable laws and regulations. practices applicable or prevailing at the timt activities will not be considered a source of pollutants to waters of the United States 15.08.080 Reduction of Pollutants and other discharges from potable water Water Required. sources, landscape irrigation and lawn (A) It is unlawful for any Person not tc watering, irrigation water, diverted stream utilize Best Management Practices to thc flows, rising ground waters, infiltration to Maximum Extent Practicable to eliminate 01 separate storm drains, uncontaminated reduce Pollutants entering the City’s Storm pumped ground water, foundation and Water Conveyance System. footing drains (not including active (B) In order to reduce the risk of Non- groundwater dewatering systems), water Storm Water or Pollutant discharges to the from crawl space pumps, air conditioning Cctyls Storm Water Conveyance System, the condensation, springs, noncommercial following minimum Best Management washing of vehicles, street wash waters P ractices shall be implemented : (2) Discharges from the following of the connection. when properly managed: water line flushing Contacting or Entering Storm H:\LIBRARWENG\WPDATAUACOBS\ICID-l .ORD 5 5 c:rj pl-, \ - ’ &j \rQ=+ 1- 0 0 (1) Commercial and Industrial Business- procedures and practices. (a) Storm Water Pollution Prevention by Subsection 6.1. Any person engaged i Plan: When the Enforcement Official Development or other activity not covered t determines that a business or business- Subsection A in the City of Carlsbad sht related activity causes or significantly utilize Best Management Practices to prever contributes to violation of the water quallty Pollutants from entering the Storm Wate standards set forth in the Basin Plan or Conveyance System by complying with a California Ocean Waters Plan, or conveys applicable local ordinances, the Standar Significant Quantities of Pollutants to Specifications for Public Works Constructio Receiving Waters, then the Enforcement when performing public work, and applicabl Official may require the business to develop provisions of the NPDES General Permit fc and implement a Storm Water Pollution Storm Water Discharges Associated wit Prevention Plan (SWPPP). Businesses Construction Activity issued by the Stat which may be required to prepare and Water Resources Control Board (State Boar implement a SWPPP include, but are not Order No. 92-08-DWQ), and any subsequen limited to, those which perform maintenance, amendments. storage, manufacturing, assembly, (3) Standard for Parking Lots anc equipment operations, vehicle loading, SimiUar Structures. Persons owning o and/or cleanup activities partially or wholly operating a parking lot or impervioul out of doors. surfaces used for similar purposes sha (b) Coordination with Hazardous clean those structures thoroughly as i. Materials Response Plans and Inventory: necessary to prevent the discharge c Any business subject to the Hazardous pollutants to the storm water conveyancc Materials inventory and response program system to the maximum extent practicable pursuant to Chapter 6.95 of the California but not less than once prior to each we Health and Safety Code, shall include season. Sweepings or cleaning residue provisions for compliance with this Chapter from parking lots or said impervious surface2 in its Hazardous Materials Response Plan, shall not be swept or otherwise made 01 including prohibitions of unlawful Non-Storm allowed to go into the gutter or roadway. Water discharges and Illegal Discharges, and provisions requiring the use of Best 15.08.090 Watercourse Protection Management Practices to reduce the Every person owning property througt discharge of Pollutants in Storm Water. which a watercourse passes, and suct owning or operating a Parking Lot or an maintain that part of the watercourse withir~ impervious surface (including, but not limited the property reasonably free of trash, debris to, service station pavements or paved excessive vegetation, and other obstacles private streets and roads) used for which would pollute, contaminate, 01 automobile-related or similar purposes shall significantly retard the flow of water througt- clean those surfaces as frequently and as the watercourse; shall maintain existing thoroughly as is necessary, in accordance privately owned structures within or adjaceni with Best Management Practices, to prevent to a watercourse, so that such structures wil the discharge of Pollutants to the City’s not become a hazard to the use, function, 01 Storm Water Conveyance System. physical integrity of the watercourse; anc Sweepings or cleaning residue from Parking shall not remove healthy bank vegetatior. Lots or impervious surfaces shall not be beyond that actually necessary for said swept or otherwise made or allowed to go maintenance which shall be accomplished in into any Storm Water conveyance, gutter, or a manner that minimizes the vulnerability of roadway, but must be disposed of in the watercourse to erosion. No person shall accordance with regional solid waste commit or cause to be committed any of the Related Activities. (2) Activities not Otherwise Regulate (c) Impervious Surfaces; Persons person’s lessee or tenant, shall keep ant H:\LI BRARY\ENG\WPDATAUACOBS\ICI D-1 .OR D 6 - cz7T --3 13 1 !$ IL I LJinF?>d : 0 a following acts, unless a written permit has After obtaining legal entry, th first been obtained from the Enforcement representative of the Clty of Carlsbad may Official, and the appropriate State or Federal (a) Inspect the premises at s agencies, if applicable: reasonable times. (1) Discharge pollutants into or connect (b) Carry out any water samplini any pipe or channel to a watercourse; activities necessary to enforce this Chapte (2) Modify the natural flow of water in a including taking water samples from th watercourse; property of any person which any authorize (3) Carry out developments within thirty representative of the City of Carlsba feet of the center line of any watercourse or reasonably believes is currently, or has i twenty feet of the edge of a watercourse, the past, caused or contributed to causin whichever is the greater distance; an illegal storm water discharge to the storr (4) Deposit in, plant in, or remove any water conveyance system. Upon request b material from a watercourse including its the property owner or hislher authorize( banks except as required for necessary representative, split water samples shall bc maintenance; given to the person from whose property thc change, or remove any structure in a (c) Stop and inspect any vehiclc watercourse; or reasonably suspected of causing o contributing to an illegal discharge to thc material along the side of or within a storm water conveyance system. watercourse or so close to the side as to (d) Conduct tests, analyses anc cause a diversion of the flow, or to cause a evaluations to determine whether E probability of such material being carried discharge of storm water is an illega away by storm waters passing through such discharge or whether the requirements o a watercourse. this chapter are met. (7) The above requirements do not (e) Photograph any effluent stream supersede any requirements set forth by the material or waste, material or wash Stream Alteration Permit process. treatment process, waste disposal sit6 connection, or condition believed to 15.08.1 00 Authority to Inspect contribute to storm water pollution or hours of operation, the Enforcement Officer Review and obtain a copy of the shall have the authority to make an Storm Water Pollution Prevention Plan inspection to enforce the provisions of this prepared by a facility operator, if such a plan Chapter, and to ascertain whether the is required of the facility. purposes of this Chapter are being met. An (9) Require the facility operator to retair inspection may be made after the evidence, as instructed by the inspector, for designated representative of the City of a period not to exceed 30 days. Carlsbad has presented proper credentials (h) Review and obtain copies of all and the owner and/or occupant authorizes storm water monitoring data compiled by the entry. If the City of Carlsbad representative facility, if such monitoring is required of the is unable to locate the owner or other facility. persons having charge or control of the (2) Routine or area inspections shall be premises, or the owner and/or occupant based upon such reasonable selection refuses the request for entry, the Crty of processes as may be deemed necessary to Carlsbad is hereby empowered to seek carry out the objectives of this ordinance, assistance from any court of competent including but not limited to random sampling jurisdiction in obtaining entry. and/or sampling in areas with evidence of storm water contamination, illegal (5) Construct, alter, enlarge, connectto, samples were obtained. (6) Place any loose or unconsolidated California Department of Fish and Game container, container label, vehicle, wastc (1) During normal and reasonable constitute a violation of this Chapter. (9 H:\LIBRARMENG\WPDATAUACOBS\ICID-1 .OR0 7 - -2 3;3/: rq @ II) 5 l-l--\i discharges, discharge of non-storm water to as provided herein, the official my tak the storm water system, or similar factors. samples of materials, wastes, and/or eff luet as deemed necessary to aid in the pursuit t 15.08.1 10 Inspection Procedures-- the inquiry or in the recordation of tP Additional Requirements. activities onsite. During the inspection, the Enforcement security, safety, and sanitation measures. In addition, the Enforcement Official shall It is unlawful for any Person owning c comply with reasonable precautionary occupying any Premises who ha measures specified by the owner and/or knowledge of any release of Significar occupant or facility operator. Quantities of materials, Pollutants, or wast At the conclusion of the inspection, and which may result in Pollutants or Non-Storr prior to leaving the site, the Enforcement Water discharges entering the City’s Storr Official shall make every reasonable effort to Water Conveyance System to nc review with the owner and/or occupant or immediately take all reasonable action tc the facility operator each of the violations contain, minimize, and clean up sucl noted by the Enforcement Official and any release. Such Person shall notify the City o corrective actions that may be necessary. A Carlsbad of the occurrence and/or County o report listing any violation found by the San Diego Department of Healtl Enforcement Official during the inspection Services/Environmental Health Service! shall be kept on file by the Enforcement Hazardous Materials Management Division Agency. A copy of the report shall be and any other appropriate agency of thc provided to the owner and/or occupant or occurrence as soon as possible, but no late facility operator, or left at the Premises if no than 24 hours from the time of the incident’: Person is available. If corrective action is occurrence. required, then the occupant, faciltty owner, and/or facility operator shall implement a 15.08.130 Testing, Monitoring 01 plan of corrective action based upon a written plan of correction, submitted to the (A) The Enforcement Official ma) Enforcement Agency, which states the require that any Person engaged in an) corrective actions to be taken and the activity and/or owning or operating an) expected dates of completion. Failure to facility which causes or contributes to Storm implement a plan of correction constitutes a Water pollution or contamination, Mega violation of this Chapter. Discharges, and/or discharge of Non-Storm Water to the Storm Water Conveyancc All Enforcement Officials shall have System perform monitoring, including adequate identification. Enforcement physical and chemical monitoring and/or identrfy themselves when entering any Enforcement Official may specify if: property for inspection purposes or when inspecting the work of any contractor. Official shall camply with all reasonable I 5.08.1 20 Containment, Cleanup, ani Notification of Spills. Mitigation Required-When. Officials and other authorized personnel shall analyses and furnish reports as the (1) The Person, or facility owner or operator, fails to eliminate Illegal Discharges within a specified time after receiving a With the consent of the property owner wrkten notice to do so by the Enforcemenl or occupant or pursuant to a search warrant, Official. the Enforcement Official is authorized to (2) The Enforcement Official has establish on any property that discharges documented repeated violations of this directly or indirectly to the municipal Storm Chapter by the Person or facillty owner or Water Conveyance System such devices as operator which has caused or contributed to are necessary to conduct sampling or Storm Water pollution. metering operations. During all inspections It is unlawful for such Person or facility H:\LIBRARMENG\WPDATAUACOBS\ICID-1 .ORD 8 ?=,\ rp h‘ -37 )l r- 2 /-?\ Ic l -, :-\b41 1 0 0 owner or operator to fail or refuse to operator which has caused or contributed t undertake and provide the monitoring, Storm Water pollution. analyses, and/or reports specified. Specific (D) If testing, monitoring or mitigatio monitoring criteria shall bear a relationship to required pursuant to this Chapter ai the types of Pollutants which may be deemed no longer necessary by th generated by the Person’s activities or the Enforcement Official, then any or all of th facility’s operations. If the Enforcement requirements contained in Paragraphs A, E Agency has evidence that a Pollutant is and C may be discontinued. originating from a specific Premises, then the (E) A Storm Water monitoring prograr Enforcement Agency may require monitoring prepared and implemented pursuant to an for that Pollutant regardless of whether said State-issued NPDES General Permit shall b Pollutant may be generated by routine deemed to meet the requirements of activities or operations. The Person or monitoring program for the purposes of thi facility owner or operator shall be Chapter. responsible for all costs of these activities, (B) Any Persons required to monitor analyses and reports. 15.08.1 0 Concealment Causing, permitting, aiding, abetting o pursuant to Paragraph A, above, shall concealing a violation of any provision of thi: implement a Storm Water monitoring Chapter is unlawful and shall constitute i program including, but not limited to, the following: (1) Routine visual monitoring for dry 15.08.1 50 Administrative Enforcemen weather flows. Powers (2) Routine visual monitoring for spills The Enforcement Agency an( which may pollute Storm Water runoff. Enforcement Official can exercise an1 (3) A monitoring log including enforcement powers as provided in Chaptei monitoring date, potential pollution sources, 1.08 of this Code. In addition to the genera as noted in 1 and 2, and a description of the enforcement powers provided in Chapter mitigation measures taken to eliminate any 1.08 of this Code, the Enforcement Agenq potential pollution sources. and Enforcement Official have the authorit) (C) The Enforcement Official may to utilize the following administrative require a Person, or facility owner or remedies as may be necessary to enforcc operator, to install or implement Storm Water this Chapter: pollution reduction or control measures, (A) Cease and Desist Orders. Wher including, but not limited to, process the Enforcement Official finds that i modification to reduce the generation of discharge has taken place or is likely to take Pollutants or a pretreatment program place in violation of this Chapter, the approved by the Regional Water Qualrty Enforcement Official may issue an order to Control Board and/or the City of Carlsbad if: cease and desist such discharge, practice, or operation likely to cause such discharge (1) The Person, or facility owner or and direct that those Persons not complying operator fails to eliminate Illegal Discharges shall: after receiving a written notice from the (1) Comply with the applicable Enforcement Official. provisions and policies of this Chapter. (2) The Person, or facility owner or (2) Comply with a time schedule foi operator, fails to implement a Storm Water compliance. Pollution Prevention Plan, as required by the (3) Take appropriate remedial or Enforcement Official. preventive action to prevent the violation separate violation of this Chapter. (3) The Enforcement Official has from recurring. documented repeated violations of this (€3) Notice to Clean and Abate. Chapter any such Person or facility owner or Whenever the Enforcement Official finds any H:\LIBRARMENG\WPDATAUACOBS\lCtD-l .ORD 9 a 'Lq- -t,y=> , pz I Li Pd-\ 1 1 0 0 oil, earth, dirt, grass, weeds, dead trees, tin utilize the lien procedures of Chapter x.xx t cans, rubbish, refuse, waste or any other enforce the violator's liability. The violatc material of any kind, in or upon the sidewalk may also be liable for compensator abutting or adjoining any parcel of land, or damages for impairment, loss or destructio, upon any parcel of land or grounds, which to water quality, wildlife, fish and aquatic lif~ may result in an increase in Pollutants entering the City's Storm Water Conveyance 15.08.1 60 Administrative Notice System or a Non-Storm Water discharge to Hearing, and Appea the City's Storm Water Conveyance System, the Enforcement Official may issue orders Administrative notice, hearing, an any reasonable manner, The recipient of Section xx.xx.xxx, except all references t such notice shall undertake the activities as "Title" shall mean "Chapter xx.xx", reference, described in the notice. to %eweP shall be interpreted as "Storn (C) Storm Water Pollution Prevention Water Conveyance System", and methods c Plan. The Enforcement Official shall have administrative enforcement shall mean an the authoriiy to establish elements of a and all remedies available to thc Storm Water Pollution Prevention Plan, and Enforcement Official under Section xx.xx.xx)( to require any owner or occupier of any Premises to adopt and implement such a 15.08.1 70 Judicial Enforcement. plan pursuantto Section 14.20.12O.B.l .a., as (A) Criminal Penalties. Notwithstandin! may be reasonably necessary to fulfill the Section x.xx.xxx, any person who violate: purposes of this Chapter. any provision of this Chapter or who fails tc (0) Employee Training Program. The implement a Storm Water monitoring plan Enforcement Official shall have the authorii violates any cease and desist order 01 to establish elements of an Employee Notice to Clean and Abate, or fails to adop Training Program, as may be necessary to or implement Storm Water Pollutior fulfill the purposes of this Chapter, where Prevention Plans directed by the such a Program has been required as an Enforcement Official shall be punished, upor element of a Storm Water Pollution conviction, by a fine not to exceed $1,000 fol Prevention Plan. each day in which such violation occurs, or (E) Civil Penalties. Any Person who imprisonment in the San Diego County jail violates any of the provisions of this Chapter for a period not to exceed six (6) months, or or who fails to implement a Storm Water both. monitoring plan, violates any cease and (B) Injunction/Abatement of Public desist order or Notice to Clean and Abate, or Nuisance. Whenever a discharge into the fails to adopt or implement a Storm Water Storm Water Conveyance System is ir Pollution Prevention Plan as directed by the violation of the provisions of this Chapter 01 Enforcement Official shall be liable for a civil otherwise threatens to cause a condition ot penalty not to exceed $1,000 for each day contamination, pollution, or nuisance, the such a violation exists. The violator shall be Enforcement Official may also cause the City charged for the full costs of any to seek a petition to the Superior Court for investigation, inspection, or monitoring the issuance of a preliminary or permanent publis: nuisance, as may be appropriate in restraining the continuance of such such violation, for abatement costs, and for discharge. the reasonable costs of preparing and (C) Other Civil Action. Whenever a bringing legal action under this subsection. Notice and Order or Hearing Officer's In addition to any other applicable decision is not complied with, the City procedures, the Enforcement Agency may Attorney may, at the request of the Procedures. and give written notice to remove same in appeal procedures shall be as specified i survey which led to the detection of any injunction, or both, or an action to abate a H:\LIBRARY\ENG\WPDATAUACOBS\ICID-l .ORD 10 0 0 r -13 --.z -,rz) ?, L- 1; r' pJ-\$- " LJ 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. 15.08.1 80 Violations Deemed a Public 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 x.xx. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the City, if necessary. Nuisance. The full cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property in accordance with the procedures set forth in Chapter x.xx. 15.08.1 90 Remedies Not Exclusive. Remedies set forth in this Chapter are not exclusive but are cumulative to all other civil and criminal penalties provided by law, including, but not limited to, penalty provisions of the Federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The seeking of such federal and/or state remedies shall not of proceedings pursuant to this Chapter. preclude the simultaneous commencement H:\LIBRARY\ENG\WPDATAUACOBS\ICID-1 .ORD 11 -X 2 , :-> e I., ,+J j^ ihaa 'jJ $4 - J: J NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM SAN blEGd Cdl" STORMWATER MANAGEMENT PLAN MEMORANDUM OF UNDERSTANDING SAN DIEGO COUNTY CO-PERMITTEES This Memorandum of Understanding, entered into by the County of San Diego, (here called COUNTY), the San Diego Unified Port District, (herein called PORT), and the incorporatc cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, SI Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Sante Soiana Beach and Vista (herein called CITIES), collectively called CO-PERMITTEES, establish( the responsibilities of each party with respect to compliance with the National Pollutant Dischari Elimination System (NPDES) stormwater permit regulations administered by the United Statc Environmental Protection Agency (EPA) under the authority granted by the Federal Protectic Agency (EPA) under the authority granted by the Federal Water Pollution Control Act (Clea Water Act) 33 USCA 1251 et. seq. as amended by the Water Quality Act of 1987. R ECITALS WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollutic Control Act (33 USCA 1342~) to require the EPA to promulgate regulations for applications fc permits for stormwater discharges; and WHEREAS, the EPA adopted final permit regulations on November 16, 1990; and WHEREAS, these permit regulations require the control of pollutants from stormwate discharges by requiring a NPDES permit which would allow the lawful discharge of stormwater into waters of the United States; and WHEREAS, the EPA regulations require NPDES permits for discharge from municipE storm sewers on a system-wide or jurisdiction-wide basis; and 1 EXHIBI1 -=a 7 z- -7Z3-Y I< Il& I-- e 2 \ll _" & e WHEREAS, the COUNTY, the PORT, and the CITIES desire to implement an integrate stormwater management program with the objective of improving surface water quality in tt- County of San Diego; and WHEREAS, the California State Water Resources Control Board (CSWRCB) as designe of the EPA has delegated authority to the San Diego Regional Water Quality Control Boar (REGIONAL BOARD) for administration of the NPDES stormwater permit within the boundarie of its region; and WHEREAS, on or about July 16, 1995, the REGIONAL BOARD will issue a NPDES perm and Board Order governing waste discharge requirements for stormwater and urban runoff fror the COUNTY, the PORT, and the CITIES, naming these entities co-permittees; and WHEREAS, said permit and order require that the co-permittees cooperate in th implementation of a Stormwater Management Plan including the execution of a Memorandun of Understanding; NOW, THEREFORE, the parties hereto do mutually agree as follows: I. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMITTEE A. The City of San Diego is hereby designated Principal Permittee, but alsc maintains the same responsibilities as a co-permittee. The Principal Permittee shall be responsible for the overall program coordination, including: 1. B. Coordination of activities of all co-permittees with the REGIONAL BOARD. Submittal to the REGIONAL BOARD of all reports, plans and programs as required by the permit. 2. 2 ”_ -,I-=, ,- -=- i i ,e< ‘_ = 0 dl; \ah-1 1 0 3. Coordination, implementation and administration of all co-permittee joint activities as outlined in this Memorandum of Understanding. Maintaining knowledge of and advising the co-permittees regarding current and proposed State and Federal policies, regulations, and programs that impact non-point source pollutant control programs; assisting the co-permittees in development and presentatian 01 positions on these issues before local, State and Federal agencies Representing the co-permittees on the Stormwater Advisory Tasl Force to the California Water Resources Control Board. Formally advising the appropriate State and Federal agencies o termination or amendment of this Memorandum of Understanding Establishing committees as may be necessary to fulfill thc requirements of the permit. Notifying all ca-permittee representatives at least 30 days ii 4. 5. 6. 7. 8. advance of any and all official votes to be taken by thc Management Committee. 9. Submitting any proposed wet weather monitoring pial modifications for the NEXT following fiscal year to the REGlONAl BOARD by July 1 st of each year (Le., by July 1995 for the 1996-9 Fiscal Year). II. RESPONSIBILITIES OF CO-PERMITTEES A. The co-permittees shall be responsible for the funding and implewntatio of stormwater and urban runoff management programs within their sol jurisdictions for storm drainage systems where they have ownership an 3 3)z; - r-.=Lz= .-d :IC” 1 <= ~ e e maintenance responsibilities as delineated by the appropriate easement conveyances (herein referred to as ‘sole jurisdiction”) including: 1. Conducting stormwater conveyance system inspections within the co-permittees’ sole jurisdiction as required in the Stormwater Management Plan. Planning and conducting suweys and characterizations needed to identify the pollutant source and drainage areas where there is sole jurisdiction over such drainage areas. Participating in management programs, monitoring programs anc other plans as required to comply with the permit. Implementing management programs, monitoring programs, anc other plans as necessary to meet the requirements of the permit. Maintaining maps of stormwater conveyance systems which ar6 within the sole jurisdiction of the co-permittee with periodic revisions as necessary. Preparing and submitting all reports that are required by the permi to the Principal Permittee a minimum of two weeks prior to the1 due date to the REGIONAL BOARD and in a format acceptable tc the Principal Permittee. 2. 3. 4. 5. 6. 7. Assisting and cooperating with Regional Board in pursuin! enforcement action as necessary to ensure compliance with ttt stormwater quality management programs. 4 --= - .:--^ 1 \<-> - 0 0 .I-i PA,,=\ ip , 8. Pursuing enforcement of local laws, codes and ordinances as necessary to insure implementation of plans where it has statutory authorky to pursue such enforcement actlons. Ensuring adequate response to emergency situations such as accidental spills, leaks, illicit discharges, etc. within each co- permittee’s sole jurisdiction. Abiding by the terms of this Memorandum of Understanding where it does not conflict with any other statutory requirements. Submitting sufficient documentation to the Principal Permittee eact , year of the permit to insure funding for any jointly administerec 9. 10. 1 1. project(s) agreed upon for the ensuing fiscal year. Ill. JOINT RESPONSIBILITIES/ACTlVlTlES OF CO-PERMITTEES A. Certain elements of the San Diego County Stormwater Management Plar which provide a general and collective benefit to all co-permittees (suct as stormwater monitoring/testing, education programs, print and broadcas media programs, etc.) herein called General Programs, will be developec and implemented throughout the permit period. A description of Genera Program elements, major tasks, schedules and budgets will be developec by November 1st af each year far those elements to be instituted in thc ensuing fiscal years. Each co-permittee will insure that sufficient funds an budgeted specifically for its share of the cost of each element. IV. MANAGEMENT COMMITTEE A. A Management Committee is hereby established to provide overa program direction and to review and recommend an annual budget fo 5 c -==\ " "=1G=: -3 -j $,I\- e 0 tdbii t3, /I General Programs for approval by the co-permittees respective legislativt bodies in accordance with the San Diego County Stormwater Managemen Pian. The Management Committee is a forum for discussion of alternative: and formulation of decisions. It represents all of the co-permittees in 4 format conducive to timely action. It is a mechanism for facilitatin! communication, planning, scheduling and evaluation. One of its primar responsibilities is to provide information necessary for future prograr implementation requirements and related budget requirements so the co-permittee governing bodies have sufficient time to consider fiscc impacts. B. PURPOSE AND RESPONSIBILITY 1. The purpose of the Management Committee is to direct th continued development and implementation of the Stormwatc Management Plan. Refinement and completion of both Individuc and General Program Plan elements require the input an participation of all co-permittees. The Management Committe provides a productive forum for representation of all co-permittee interests in the presentation, discussion and evaluation < proposals and the development of consensus. Responsibilities of the Management Committee include: a. Preparation of the General Program annual budget. Th budget will be based on the Fiscal Year beginning July and ending on June 30. The budget consists of two part: 2. 6 r-. I--. - I ”_ JJ’C, z-= 0 - 1’7‘srflJ - e 1. Funding for program costs which are shared by al co-permittees including, but not limited to administration costs and the wet weather stormwatei monitoring program, and ii. Funding for cooperative programs involving mor6 than one but less than all co-permittees. The preliminary draft budget will be distributed to the co-permittee: for review and comment by November 1 of each year. Afte consideration of comments and discussion, the final budget will bt prepared, approved, and distributed by March 1 of each year. b. Preparation of an annual budget forecast for budge categories (i) and (ii) above for the remaining years of thc permit. C. Reviewing program costs and updating cost and budgetins data as needed. Advisory to the Principal Permittee on the creation o special subcommittees to develop and oversee specific program elements such as program evaluation, illici discharges, monito,ring and Best Management Practices fo new development, including preparation of tasl assignments and review and approval of General Progran d. Elements recommendations. e. Ongoing evaluation and adjustments of General Progran Elements. 7 ‘(5,rp 12.- e 0 JF<]Ai== [ f. Development, refinement and adjustment of implementatic schedules. C. MANAGEMENT COMMIITEE MAKEUP 1. Management Committee members and their alternates shall I appointed by the City Manager or the equivalent of the respecti co-permittees and a confirming letter of said appointments sent the REGIONAL BOARD and to the Principal Permittee. Each co-permittee is allocated one voting member. Approval of the Management Committee recommendations sh( require a two-thirds affirmative vote of the total number co-permittees. 2. 3. D. GO-PERMITTEE TERMINATION 1. The participation of any co-permittee and parties signatory to tt Memorandum of Understanding shall be automatically terminatc in any year in which the funds necessary for its agreed upon sha of the General Program Elements are not appropriated by legislative body. v. FISCAL RESPONSI BlLlTl ES A. All co-permittees will share in General Program Element and administratic costs and reasonable costs incurred by the Principal Permittee in fulfilfir its duties pursuant to Section I. Costs shall be allocated to the cc permittee as follows: 1. The PORT shall pay 50% divided by the total number co-permittees sharing General Program Element costs. a -. - rp; ,; z-? :dX=L & I e 0 2. The remaining 97.5% of shared costs will be allocated to the othc co-permittees as follows: a. Forty percent will be distributed based on population with each co-permittee's jurisdiction using SANDAG most rece January 1 "Population and Housing Estimates" using tt 'HOUSEHOLD' population figures. COU NlY po pulat ic figure for purposes of this cost distribution shall be bass upon population within the County "Urban Limit Lines'. Forty percent will be distributed based on urbanized are within each co-permittee's jurisdiction using SANDAi Landuse database as most recently updated. Urbanize area will consist of the following categories: Single-famil residential, multi-family residential, Commercial, Ligt Industry, and HeavyIGeneral Industry. COUNN area figur for purposes of this cost distribution shall be based on are within the County 'Urban Limit Lines.' b. c. Twenty percent distributed equally. Permit fees, both regular and extraordinary, shall be distributed a follows: a. 3. The NPDES regular annual permit fee shall be dividec equally among all co-permittees. 9 -7, 4 ” -a-y IiL-i ~ 4Jdn\!q\J 2 e 6 b. The Bay Protection and Toxic Cleanup fee shall be divide half equally among ail co-permittees and half equal among co-permittees tributary to air impaired water body E determined by the State Water Quality Control Board. G. Any other permit fees levied for any reason eithc temporarily or permanently against the San Diego Couni Stormwater permit shall be divided by methods approve by a two-thirds vote of the Management Committee. B. Each co-permittee shall pay its share of expenses within 60 days of receil of an invoice from the Principal Permittee. Funds collected and nc expended in any fiscal year shall be carried over as a credit to the ne) fiscal year. The Principal Permittee shall provide a detailed accounting at the end c each fiscal year of the costs and expenses incurred under Section I abow C. VI. LIFE OF AGREEMENT The term of this Memorandum of Understanding commences on its execution b each and all of the duly authorized representatives in the COUNTY, the PORT, an( the CITIES. The life of the MOU shall run with the life of the permit. VII. WITHDRAWAL OF CO-PERMITTEE Participation in the Memorandum of Understanding may be terminated by an! co-permittee for any reason after the co-permittee complies with ail of thc conditions of termination. The conditions of termination include the following: 1, The co-permittee shall notify all of the other eo-permittees in wriiinc 90 days prior to its intended date of termination. 10 --, -4 - ‘-1-3 h(-> ’ -;= e e 2 d-?L = - b 2. The terminating co-permittee shall obtain its own NPDES Stormwatl permit. The terminating co-permittee shall have its name deleted as a co-permitte to the County NPDES permit. 3. Any expenses associated with termination, including but not limited to filing an obtaining the terminating co-permittee’s individual NPDES permit and tt amendment of the County NPDES permit will be solely the responsibility of tt terminating co-permittee. VIII. NON-COMPLIANCE WITH PERMIT REQUIREMENTS Any participant to this Memorandum of understanding found to be non-compliance with the conditions of the peimit within their sole jurisdictionr responsibilities shall be solely liable for any lawfully assessed penattie! Non-compliance disputes shall be heard by the REGIONAL BOARD. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding may be amended by consent of four-fifth of all signatories hereto. No amendment shall be effective unless it is in wriitin and signed by the duly authorized representatives of four-fifths of thc co-permittees. XI. X. GOVERNING LAW This Memorandum of Understanding shall be governed and constmed ii accordance with the laws of the State of California. If any provision or provision: shall be held to be invalid, illegal or unenforceable, the validity, legalrty ant enforceability of the remaining provisions shall not in any way be affected 01 impaired thereby. 11 7, * - =7= &ir$ _Id ,;ip e e XI. CONSENT AND BREACH NOT WAIVER NO term or provision hereof shall be deemed waived and no breach excuse unless such waiver or consent shall be in writing and signed by the co-permittc to have waived or consented. Any consent by any co-permittee to, or waived c a breach by the other whether expressed or implied, shall not constitute a conse to, waiver of, or excuse for any other different or subsequent breach. I NDEMNI Fl CAT1 ON Each party to this Memorandum of Understanding (1) shall have the so responsibility to comply with the Permit, (2) shall pay all fines, penalties and cosi which may arise out of such party’s noncompliance with the Permit, and (3) shs indemnify and other parties of this Memorandum of Understanding against ar fines, penalties or costs (including attorneys fees) they may incur as a result of i. failure to comply with the Permit. XI1 . 12 e 0 DRAFT REQUEST FOR PROPOSAL January 31, 1996 STORM WATER POLLUTION PREVENTION PLANS (SWPPP): REQUEST FOR PROPOSA The City of Carlsbad is committed to complying with the National Pollutant Discharge Eliminatic System (NPDES) requirements established in Regional Water Quality Control Board (RWQCE Order No. 90-42. An element of Order No. 90-42 is the development of Municipal Facilities Stori Water Pollution Prevention Plans (SWPPP’s). The objectives of the Storm Water Pollution Prevention Plans are as follows: To reduce pollutants in storm water runoff from municipal activities, facilities and Ian uses to the maximum extent practicable. To meet the requirements of Order No. 90-42, Water Discharge Requirements for Storr Water and Urban Runoff, issued by the San Diego Region of the RWQCB. PROJECT DESCRIPTION The purpose of this contract is to develop Storm Water Pollution Prevention Plans for a Municipal facilities in the City of Carlsbad. The consultant shall perform site inspections anc Order No. 90-42. The end result will be a report which identifies all City facilities (set attachment), provides general policies for managing storm water and non-storm water flows a all facilities, and contains four (4) Storm Water Pollution Prevention Plans for the facilitiei indicated below. writfen repads in compliance with parameters established b; the EfA and RWQCE 200 sq. ft. shops/storage quipment maintenance, quipment storage. - r=---. --- 7 ,, ‘=;-t- e 3!;3& 3 e January 31, 1996 STORM WATER POLLUTION PREVENTION PLANS (SWPPP): REQUEST FOR PROPOSP Page 2 SCOPE OF WORK The consultant will be required to perform and complete the following tasks: 1. Review of existing data. 2. Site reconnaissance. 3. Topographic map. 4. Site map. 5. 6. 7. Impervious surface area estimate. 8. Source controls. 9. 10. Description of potential significant storm water pollution sources. Listing of chemicals with potential storm water contact. City facility employee involvement and training. Storm water pollution prevention plan preparation including recommended storag requirements, site modifications, spill response plans, and modification of practices a necessary. The consultant shall prepare and submit five (5) draft copies of each SWPPP for City staff revieM Upon transmittal of staff comments, the consultant shall prepare and submit ten (10) copies c each report in a format suitable for the City to submit to the RWQCB. The consultant shall ais( provide one (I) unbound copy of the report including all maps and exhibits as well as one (I copy on computer disk compatible with Wordperfect 6.0. THE PROPOSAL The proposal shall include the following: 1. An outline of the firm’s background, qualifications, and ability to perform the service! required. Include a detailed description of the role of any subconsultants to be employec on this project. A list of projects completed by your firm which are similar in scope and complexity including their location, status of completion, and the name of the client. List the namc of the agency individual responsible for the contract management of the project with the address and telephone number. A list of individual personnel to be employed on the project, their relationship to it, anc their qualifications and experience. Include a description of specific projects similarto thi: Request for Proposal and the specific tasks performed by the individuals. An outline of the proposed approach to the project, including a work plan and schedule required to accomplish the project. Please address the scope of work as presented bu, include other approaches, items or considerations you feel are warranted. A brief outline of the firm’s current workload, staffing, and ability to provide a timely submittal. 2. 3. 4. 5. *--,LT rJRA;F1 ( e - e January 31, 1996 STORM WATER POLLUTION PREVENTION PLANS (SWPPP): REQUEST FOR PRBPOSA Page 3 6. 7. 8. A current Standard Form 254. A detailed preliminary project schedule including milestones, dates, and submittals. A fixed fee to perform the requested services. A systematic breakdown by Scope ( Work, staff level, and required hours and the method of arriving at the cost shall b included. This shall be submitted on letterhead in a separate, sealed envelope with yo1 firm name identified on the outside. Do not state your fee in the main proposal. This w allow independent evaluation of professional qualifications without being influenced t: price. Consultant shall execute a standard City Consultant Agreement if awarded the contra( (attached). No changes to this standard agreement will be allowed. SELECTION PROCEDURE Proposals will be reviewed and ranked by a selection committee composed of City staff member and will be based on the factors listed above as well as addressing objectives of the proposa providing additional relevant information, clariiy, and neatness. After discussion and ranking by the committee, one (1) firm will be selected to begin negotiation for a contract. SUBMITTAL Submit five (5) original copies of your proposal no later than 4:OO p.m., on Thursda) March 22, 1996 to: 9. STEVEN C. JANTZ Associate Engineer City of Carlsbad - Engineering Department 2075 Las Palmas Drive Carlsbad CA 92009-1 576 (61 9) 438-1 161, extension 4354 LLOYD B. HUBBS, P.E. City Engineer LBH:jb c: Community Development Director Community Services Director Assistant City Engineer Associate Engineer, Jantz c , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '8 19 20 21 22 23 24 (Ir a RESOLUTION NO. 96-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE FUNDS FROM THE GENERAL FUND BALANCE TO THE ENGINEERING DEPARTMENT OPERATING BUDGET FOR STORM WATER POLLUTION PREVENTION PLANS. WHEREAS, the City Council of the City of Carlsbad, California has considered to appropriate additional funding to the Engineering Department 1995-96 Fiscal Year 1 Budget for storm water pollution prevention plans; and WHEREAS, funds are available in the general fund balance. NOW, THEREFORE, it is hereby resolved as follows: 1. 2. That the above recitations are true and correct. That the Finance Director is authorized to appropriate $25,00Ofrom the Ger Balance to the Engineering Department 1995-96 Operating Budget. 3. prevention plans. That this additional appropriation is necessary to fund storm water PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit 1996 , 3&& by the following vote, to wit: MAY heldonthe 7th dayof AYES: NOES: None ABSENT: Council Member Lewis Council Members Nygaard, Kulchin, Finnila, Hall h 8 .+ .x -4.4 -d- OP9 &eg:so nun e-0 &N- woQ%2 855 -95 %:$E a%$ zgg 85$ ZgGE zgg gE$g g$$&$ s$g sz$ sEg pgi P? PO kY P ???PF LWJO 5%:. &-> n-c=ao EQ E@ ,@ $E$ !& -0 zgc) ;=g sgt0 ?-=.p %$g $@2 p-JO0 $p3$ 8- gr %Z 8 E? u* B.2 $f g 5:;; s: 3 90 2~5s ~5 $$ gzt a 2 :!J ng 0 9q03 o m= E0 CJJg 5 E =3 c) g x 7l zg se F$ ?? 5" 3- - - f %= f 8." 84 i: $ 9s 2; i 9 g$ gz = a9 -5 P P E"" g""" 58% pz6 E%S E%= gig E$? E$$ E:$ 8:pZ WB E$ g$ wm zs -9 gz -n ys -og: kg$ gp @g &g g;$ k.$Z kg$ $2 zg5 2 oy, a% -% mg $?=Jig se b@b 0 35 tw 2g ?E 25 q$ P3 95 25 2g ?ig zsj gg zg ggg gg ? * ;i $2 3% zit zz ?E g5 (] 2 %$ ?: E s TZ g pP s m3 ;Kg* $: g32 == as2 3 $95 gs 98 ?Y g $g 4 ,p si3 w v) 0: g? 2 3 ms 0 7+ h3 kc)-, =z?fz SOz ~c)l L>z 348- 64' M @s :%$$ %ag $x' FZ' gEe OZ I goo 6 - -0 ?3 Ez Sf= ?g$ 2% ?= $35 :ge 50 LBa r, a QQ m 2 73 01 t; W@Nh)N" "---..I 0 ?, f P 9 P u P P E; E-aamum L86 &@a v'yr 'OB 8s p %EI 2-n 2-, E$: Q,g DT. 22% g3- 328 23 23 gs gg $3 23 @ ?'c 6 9 P P 4 ii r & 0 1 i v e l-l !nB la &I u 14 c ip ab q 7' !$q 7 a-ii e 0 K D is t lr ic a GENERAL COUP Smith and Pelfzer ENGINEER PHONE (619) 753-6466 Boyle Engineering MANAGER David C. IvIcCoilo BOARD OF DIRECTORS Harold L. Gano, President Ann L. Peay, Vice President Thelma M Miller, Treasurer Howard G. Golem, Director 1966 OLIVEWAIN ROAD ENCINITAS, CALIFORNIA 92024-9761 Harley L. Denk, Secretary FAX (619) 753-1578 September 20, 1991 RRR 664 766 625 SUBJECT: OLIVENHAIN MUNICIPAL WATER DISTRICT'S ORDIIIANCE ru'O.'S 202 AND 205 Attached you will find information with regard to the aforemention ordinances of the Olivenhain Municipal Water District establishing revised rates, fees and charges. The District has implemented a six tiered fee schedule that increases in cost in accordance with the amount of water used. This schedule is a cost savings to those who continue to conserve water at a rate of 20% or more. The District's capacity fees were increased only by an amount tc correspond with the construction cost index as reflected in the Engineering News Record (ENR). Meter installation fees were not sufficient to meet the District's costs and were revised appropriately. The increase in service charge was based on the capacity available €or the voiume of water of each size meter. If YOU should have any question please feel free to contact the District. Thank you. OLIVENHAIN MUNICIPAL WATER DISTRICT A Publlc Agency rcorpo ated cn 'darci 24 959 io rned unde 'le VLncipal Water Districl La\% 3f 191 Sectior 7'1 200 e sec 31 :le Stzte zif Cal lornia \hater Coce * OLIVENHAIN PI((L(IC1PAL WATER DISTRICT'S R!P ,E AND FEE INCREAS The fallowing became effective May 16, 1991: Filtered Water Rates: Domestic, Commercial. Construction and Industrial Semi Water Rates The rates to be charged and collected for water supplied f Domestic, Commercial, Construction and Industrial use including such business as consists of furnishing of lodgi by maintenance and operation of hotels, auto courts, apartme houses, bungalow courts, housing units, duplexes, trailer a camper parks, service stations, manufacturing, processin golf courses and other businesses (but not includi agricultural use where the water is used for irrigati purposes), and including individual or privately-own residences, shall be charges as follows: Domestic Customers: de base over water super m minimis rate base hos water hoq rat $0.8631 $1.4164 $1.6264 $1.8564 $2.4357 $4.87 Aaricultural Filtered Water Rate Agricultural service shall be defined as water deliver through a single meter for use upon tracts or parcels of la within the boundaries of the Olivenhain Municipal Wat District, utilized for agricultural purposes as definedbyt Metropolitan Water District. Water received by the user f agricultural purposes, shall be charged as follows: Agricultural Customers: base rate agricultural water hoq penalty E $1.4164 $2.4357 $4.87 Unfiltered Water Rates The rates to be charged and collected for raw water suppli for agricultural, commercial, construction and industri users. Water received by the user shall be charged follows: RATES PER 100 CUBIC FEET Raw Water Customers: base rate raw water - water hoq penalty - E $0.9064 $1.9257 $3 . 851 1 itv Fee and Installation 9 lames Base Volume Base Installatio MeteR Equivalent Gallons Capacity Fee* Charqe** Size EDUIS Per Day (Nearest $5.00) Partial Ful 5/ 8 VI 0.7 389 $2,365.00 $115.00 $1200. 3/ 4 '1 1.0 555 3,380.00 130.00 1200. 1 II 1.9 1,055 6 , 420.00 170.00 1200. 1-1/2" 3.1 1,721 10,480.00 500.00 *** 2 11 5.0 2 , 775 16 , 900.00 *** *** 3 I! 10.2 5,661 34,480.00 *** *** 4 )I 17.1 9,491 57,800.00 *** *** 6 'I 36.0 19 , 980 121,680.00 *** *** 8 I# 65.0 36 , 000 219,700.00 *** *** NOTES : * Supplemental Capacity Fee Charses Volume Charge - Base capacity fee includes a base volume usage 555 gallons per day per EDU. base volume, the base capacity fee will increase in the ratio anticipated volume over base volume. ** Partial installation is where service exists now previously (subdivisions). Full installation is for a new sewic On full installations, when the cost to install meters excee amounts stipulated above, the District may at its option, ma additional charges as necessary to recover actual costs on a ti and materials basis. If anticipated usage will exceed th *** Installations are time and material at actual cost. Up application, an estimate is made and collected. Refunds are ma if work is less that estimated, or additional funds are required actual cost is greater. 2 , , The followiaecame effective March 21, e991: Service Charses. The minimum monthly service charge for each meter follows, and shall apply to all meters regardless of use: shall be i $ 6.30 5/811---- ___________- $ 9.00 $ 17.10 3/411---- __________-- 1" ----a ---- ------------ $ 27.90 1 1/2" ----_------_----- $ 45.00 2 II ..................... $ 67.50 2 1p ----------------- $ 91.80 3 11 _-___ - -___ -- _-_______ $153.90 4 11 _____-____---_____-__ $324.00 $585.00 611--------------- -_____ 8 11 _-___ - ____ ___-_ ______ Meters installed solely for automatic fire sprinkler servic shall be charged a monthly service charge as follows: $ 8.00 611 _-_ $28.45 111 ---- $ 1.50 311 _-_ $50.00 $13.50 1 1/2"- $ 2.45 411 --_ 211 ---- 8" ___ $ 4.00 Jumpers. lrJumpersll which are used in lieu of meters while houses ar being constructed, when authorized for use by this Code, shal be paid at the rate of $36.00 per house or service smalle than lI1 and billed on a bi-monthly basis; a deposit of tw months' billing ($72.00) shall be paid at the time o authorization for the installation of a jumper. 3