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HomeMy WebLinkAbout1997-01-28; City Council; 14024; A PUBLIC HEARING FOR AN ORDINANCE AND LOCAL COASTAL PROGRAM AMENDMENT AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL,1 ‘x ?. 0 c7 I h rn 0 z d 0 *d & r-i 1 0 2 a a u a rd a (I) a 0 2 M m g a 2 cd d -4 3 rn z a N 0 a a, L) 3 0 h u d a -4 I+ -d 3 0 u 2 h --. 4 m 1 co cv z 0 F 0 =! 0 z 3 0 0 a .L”- ”*+I -.“I e 4w OF CARLSBAD -AGENDA BILL U I DEPT. HD.5 AB# j Lit tJ aq TITLE : A PUBLIC HEARING FOR AN ORDINANCE MTG. I mi97 AMENDING SECTION 1.08.01 0 AND ENACTING A NEW CITYATTY. - DEPT. ENG AND DISCHARGE CONTROL CITYMGR. - AND LOCAL COASTAL PROGRAM AMENDMENT CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT < RECOMMENDED ACTION: Introduce Ordinance No. flS -994 relating to storm water management and discharge control. Adopt Resolution No. 9 3 - 3 c/ amending section 1.08.010 and enacting a new ch , approving Local Coastal Program Amendment (LCPA ITEM EXPLANATION: This item is a follow-up to the Stormwater Status Report presented to the City Council 1996. The proposed ordinance is a required element of the City of Carisbad stormwal which was discussed in detail at the May meeting. The purpose and intent of this ordinance is to ensure the future health, safety, and geni of the citizens of the City of Carlsbad by prohibiting non-stormwater discharges to the I conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants runoff to the maximum extent practicable. The proposed ordinance provides the City wi authority to enforce these provisions, sets forth inspection and testing procedures, anc framework under which the ordinance may be enforced. Although not required by law, a special mailing was sent to approximately 6300 businl and commercial property owners to inform them that this ordinance was being considc City Council and giving them the opportunity to ask questions and make comments. January, very little response has been generated and the few calls that have been rec been to ask questions. This action also affects stormwater management and discharge control within the Coasta also includes a resolution approving a Local Coastal Program Amendment (Exhibit segments of the Coastal Zone. If approved by the City Council, it will be processed Coastal Commission. The public review period for the LCPA generated one letter comments from San Diego Gas and Electric which was responded to by the City Attor (see Exhibit “3 and “4”). ENVIRONMENTAL REVIEW: The Planning Director has determined that this project is exempt from environme because: I) It is a regulatory action instituting procedures for the protection of the f (Section 15308 of CEQA); and 2) it satisfies the basic rule (Section 15061(b)(3) of CEW is no possibility that the adoption of this ordinance will cause a significant imp environment. FISCAL IMPACT: The proposed ordinance enhances the Ci s ability to enforce its stormwater program. E is currently provided by existing staff. r hould ,the City Council find it in the public’s expand the enforcement program in the future, additional funds and resources could be that time. The amount of additional funding would depend upon the specifics of program. EXHIBITS: 1. Ordinance No. /\IS-.? 94 amending section 1.08.010 and enacting a new ct relating to storm water management and discharge control. 2. Resolution No. 9 9-37 approving Local Coastal Program Amendment (LCPA: 3. Letter from San Diego Gas and Electric. 4. Letter to San Diego Gas and Electric from City Attorney’s office. .& c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 EXHIBIT * 0 ORDINANCE NO. NS-394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, DISCHARGE CONTROL. WHEREAS, an ordinance providing the City of Carlsbad with the legal authorit) its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order issued by the California Regional Water Quality Control Board, San Diego Region; and WHEREAS, reducing pollution in the City’s stormwater conveyance system n and enhance the water quality of local watercourses, water bodies, and wetlands in consistent with the Clean Water Act; and, CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND WHEREAS, the revised proposed Storm Water Management and Dischari Ordinance is not considered a project and is not subject to review per Sections 152 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, does ordain as follows: SECTION 1: That § 1.08.010 (a) of the Carlsbad Municipal Code be amenc “15.12 to the list of Chapters designated. SECTION 2: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is i read as follows: /// Ill Ill Ill Ill Ill Ill Ill * I c 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 0 CHAPTER 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 15.12.010 Purpose and Intent D. Reducing pollutants in st( 15.12.020 Definitions discharges in order to achieve i 15.12.030 Administration water quality objectives for surface 15.12.040 Construction and San Diego County. The intent of this ordinance is 15.12.050 Discharge of Pollutants and enhance the water qualit] 15.12.060 Discharge in Violation of watercourses, water bodies, and wc a manner pursuant to and consi3 15.12.070 Illicit Connections the Clean Water Act and California 15.12.080 Reduction of Pollutants Water Quality Control Board NPDE 15.12.090 Watercourse Protection 15.12.100 Authority to Inspect 15.1 2.020 Definitions. 15.12.110 Inspection Procedures-- When used in this Char Additional Requirements following terms shall have the I 15.12.120 Containment, Cleanup, ascribed to them in this Section: and Notification of Spills A. "Basin Plan" mear 15.12.130 Testing, Monitoring or Comprehensive Water Quality Cor Mitigation Required-- for the San Diego Basin adopte When. Regional Water Quality Control Bc 15.12.140 Concealment Diego Region (July 1975) and apg 15.12.150 Administrative the State Water Resources Contrc Enforcement Powers together with subsequent amendme 15.12.160 Administrative Notice, B. "Best Management Prac Hearing, and Appeal (BMP)" means schedules of 4 Procedures ' prohibitions of practices, gener 15.12.170 Judicial Enforcement house keeping practices, 15.12.180 Violations Deemed a prevention and educational [ Public Nuisance maintenance procedures, and 15.12.190 Remedies Not Exclusive management practices to prevent ( to the maximum extent practicabl 15.12.010 Purpose and Intent. the discharge of pollutants dir The purpose of this Chapter is to ensure indirectly to waters of the United the future health, safety, and general welfare BMPs also include treatment requ of the residential, commercial, and industrial operating procedures, and prac sectors of the City of Carlsbad by: control plant site runoff, spillage A. Prohibiting non-storm water sludge or waste disposal, or drain discharges to the storm water conveyance raw materials storage. system. C. "Building Permit" shall Eliminating discharges to the storm permit issued pursuant to Chapter 1 water conveyance system from spills, D. "California Ocean Plan" mt dumping or disposal of materials other than California Ocean Plan: Water storm water or permitted or exempted Control Plan for Ocean Waters of ( discharges. adopted by the State Water Rc Application Permit Contacting or Entering No. CAOl08758, Order 90-42 Storm Water Required amendment, revision or reissuance B. C. Reducing pollutants in storm water Control Board September 1991 discharges, including those pollutants taken subsequent amendments. up by storm water as it flows over urban E. "Clean Water Act" shall n areas (Urban Runoff), to the maximum Federal Water Pollution Control Act extent practicable. by Public Law 92-500, as amei 1 /. 'L b 1 2 3 4 5 6 7 8 9 10 1 1 l* 1 3 14 15 i6 l7 l8 19 2o 21 22 23 24 25 26 27 28 0 0 Public Laws 95217, 95576, 96-483, and 2. Proper handling of all matt 95-117 (33 USCA Section 1251 et seq.), and any subsequent amendments. 3. Mitigation of spills F. "County Health Officer" shall mean spill response, containment and the Health Officer of the County of San procedures. Diego Department of Public Health or 4. Visual monitoring of B designee. streams to ensure that no illicit d enter the storm water conveyance 5 1. The placement or erection of 5. Discussion of the di any solid material or structure on land, in between the storm water co water, or under water; system and the sanitary sewer systl 2. The discharge or disposal of any 6. Identification of all dredged material or of any gaseous, liquid, connections to the storm water co solid, or thermal waste; 3. The grading, removing, 7. Preventive maintena dredging, mining, or extraction of any good housekeeping procedures. materials; 8. Material mal intensity of the use of land, including, but not or eliminate pollutant contact w limited to, a subdivision pursuant to the water discharge. Subdivision Map Act (Government Code I. "Enforcement Agency" shall Section 66410, et seq.) and any other City of Carlsbad or its authorize division of land, except where the division of charged with ensuring compliance land is brought about in connection with the Chapter. purchase of such land by a public agency for J. "Enforcement Official" shall public recreational use; City Manager or his or her designec 5. A change in the intensity of the K. "Hazardous Materials" st use of water, or of access thereto; any substance or mixture of st 6. The construction, which is toxic, corrosive, flamrr the size of any structure, including any pressure through decomposition, facility of any private, public, 'or municipal other means, if such a substance ( entity; and, of substances may cause substan 7. The removal or harvesting of serious illness or harm to humans, major vegetation other than for agricultural livestock, or wildlife. purposes. L. "Illicit Connection" me As used in this definition, "structure" un-permitted or undocumented includes, but is not limited to, any building, connection to the storm water cc road, pipe, flume, conduit, siphon, aqueduct, system which has not been approb telephone line, and electrical power City of Carlsbad, or any connect transmission and distribution line. (Source: drains illegal discharges either ( Government Code Section 65927). indirectly into a storm water cc means a documented employee training M. "Illegal Discharge" me program for all persons responsible for non-permitted or non-exempt disl implementing a Storm Water Pollution the storm water conveyance systt Prevention Plan. The Employee Training not composed entirely of storm w Program shall include, but is not limited to, expressly prohibited by federal, the following topics: local regulations, laws, co 1. Laws, regulations, and local ordinances, or degrades the ( receiving waters in violation of B: ordinances associated with storm water pollution prevention, and an overview of the and California Ocean Plan standarc potential impacts of polluted storm water on N. "Maximum Extent Practici the receiving waters of the San Diego mean, with respect to Best Ma region. Practices (BMPs), an individual group of BMPs which address a F wastes to prevent spillage. G. "Development" shall mean: sys tem . 4. A change in the density or practices employed by the facility reconstruction, demolition, or alteration of irritant, a strong sensitizer, or ' H. "Employee Training Program" system. 2 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 1 f3 l7 18 ' 9 20 *' 22 23 24 25 26 27 28 0 0 concern, which have a cost of mobile homes, dormitories, group implementation reasonably related to the etc.). pollution control benefits achieved, and T. "Person" shall mean any which are technologically feasible. organization, business trust, 0. "National Pollution Discharge partnership, entity, firm, a: Elimination System (NPDES) Permit" shall corporation, or public agency, inc mean a permit issued by the Regional Water Sate of California and the United Quality Control Board or the State Water America. Resources Control Board pursuant to U. "Pollutant" includes, t Chapter 5.5, Division 7 of the California limited to, solid waste, sewage, Water Code, to control discharges from point medical waste, wrecked or sources to waters of the United States, equipment, radioactive materials, including, but not limited to: spoil, rock, sand, industrial waste organic or inorganic substance de Control Board NPDES Permit No. pollutant under 40 C.F.R. 122 amendment, revision or reissuance thereof. receiving waters in violation of E 2. NPDES General Permit for and California Ocean Plan stand, Storm Water Discharges Associated with as fecal coliform, fecal strer Industrial Activities' enterococcus, volatile organic 3. NPDES General Permit for (VOC), surfactants, oil and Storm Water Discharges Associated with petroleum hydrocarbons, total Construction Activity; and, carbon (TOC), lead, copper, ( 4. California Regional Water cadmium, silver, nickel, zinc, Quality Control Board, San Diego Region, phenols, and biocides. General Dewatering Permits (Order A pollutant also incluc Numbers 91-10 and 90-31). contaminant which degrades the P. "Non-Storm Water Discharge" the receiving waters in violation means any discharge to the storm water Plan and California Ocean Plan conveyance system that is not entirely by altering any of the following par composed of storm water. pH, total suspended and settleat Q. "NPDES General Permit" shall biochemical oxygen demand mean a permit issued by the State Water chemical oxygen demand (COD), Resources Control Board, including, but not and temperature. limited to: V. "Premises" means any bi 1. NPDES General Permit for parcel, real estate, land or portio Storm Water Discharges Associated with whether improved or unimproved. Industrial Activities; and, W. "Receiving Waters" mean 2. NPDES General Permit for bodies of water, which serve as Storm Water Discharges Associated with points for the storm water cc Construction Activity. system, including the Batiquitos R. "Order No. 90-42", dated July 16, Agua Hedionda Lagoon and Buc 1990, shall mean California Regional Water Lagoon and their tributary creeks, r Quality Control Board NPDES Permit No. lakes, estuaries, and the Pacific Oc CAO108758, Order 90-42 and any X. "Storm Water" shall meal amendment, revision or reissuance thereof, runoff and drainage associated N together with all amendments, and which is events and snow melt prior to COI on file in the office of the City Clerk. urban areas, agricultural areas, am "Parking Lot" shall mean an open areas in which the natural environ area, other than a street or other public way, been significantly disturbed or alter whether for a fee or free, to accommodate activity (also see definition for "h Water"). clients or customers or to accommodate residents of multi-family dwellings (Le., For the purposes of this Chapi apartments, condominiums, townhomes, Water runoff and drainage from E are in a natural state, have I 1. California Regional Water Quality CAOl08758, Order 90-42 and any presence degrades the qualit) S. used for the parking of motorized vehicles, directly or indirectly, as a result ( 3 c 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 l5 l6 l7 1 8 " 2o 2' 22 23 24 25 26 27 28 a 0 significantly disturbed or altered, either 15.12.030 Administration directly or indirectly, as a result of human The Enforcement Officia activity, and the character and type of administer, implement, and enfl Pollutants naturally appearing in the runoff provisions of this Chapter. An! have not been significantly altered, either granted to, or duties imposed L directly or indirectly, as a result of human Enforcement Official may be dele activity, shall be considered "unpolluted" and the Enforcement Official to Perso shall satisfy the definition of "Storm Water" employ of the City, or pursuant to in this Chapter. When deemed necessary Y, "Storm Water Conveyance System" Enforcement Official, the Enfi Official shall prepare and present tc includes, but is not limited to those municipal facilities within the City of Carlsbad by which Council for approval regulations c storm water may be conveyed to waters of with the general policies establishc the United States, including any roads with by the City Council. The Enf drainage systems, municipal streets, catch Official shall enforce Council basins, natural and artificial channels or regulations necessary to the admi storm drains. of this ordinance, and may recomr Z. "Storm Water Pollution Prevention the Council amend such regulatil Plan" means a document which describes time to time as conditions require. the on-site program activities to eliminate or reduce to the maximum extent practicable, 15.12.040 Construction and Ap, pollutant discharges to the storm water This Chapter shall be interp conveyance system. assure consistency with the require A Storm Water Pollution Prevention the federal Clean Water Act i Plan prepared and implemented pursuant to amendatory thereof or suppl~ any NPDES Storm Water permit shall meet thereto, applicable implementing rei the definition of a Storm Water Pollution and California Regional Water Prevention Plan for the purposes of this Control Board NPDES Pern Chapter. CA0108758, Order 90-42 ai AA. "Watercourse" means any natural amendment, revision or reissuance or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, 15.12.050 Discharge of Pollutar waterway, gully, ravine, arroyo or wash, in The discharge of non-storr which waters flow in a definite direction or discharges to the storm water cor course, either continuously or intermittently, system or to any other conveyancc and which has a definite channel and a bed which discharges into receiving ' or banks. A channel is not limited to land prohibited, except as specified belov covered by minimal or ordinary flow but also A. The prohibition on dischar! includes land covered during times of high not apply to any discharge regulatec water. "Watercourse" does not include any NPDES permit issued to the discha surface drainage prior to its collection in a administered by the State of ( stream, river, creek, ditch, channel, canal, pursuant to Chapter 5.5, Division ' conduit, culvert, drain, waterway, gully, California Water Code, provided ravine, arroyo or wash. discharger is in compliance ' BB. "Wet Season" means October 15 requirements of the permit an through April 15. applicable laws and regulations. CC. "Wetlands" shall mean areas that B. Discharges from the 1 are inundated or saturated by surface or activities will not be considered a s ground waters at a frequency and duration pollutants to waters of the Unite( sufficient to support, and that under normal when properly managed: water line circumstances do support, a prevalence of landscape irrigation; diverted streai vegetation typically adapted for life in rising ground waters; uncont: saturated soil conditions. Wetlands ground water infiltration [as define generally include swamps, marshes, bogs, CFR 35.2005(20)] to storm and similar areas. conveyance systems; uncont: pumped ground water; dischargi 4 L I * 1 2 3 4 5 6 7 8 9 10 1 1 l2 l3 1 4 ’ 51 l6 ’ 7 ’ 8 l9 20 z1 22 23 24 25 26 27 28 0 e potable water sources; foundation drains; air Official determines that a bus conditioning condensation; irrigation water business-related activity MU springs; water from crawl space pumps; significantly contributes to violatic footing drains; lawn watering; individual water quality standards set forth in residential car washing; flows from riparian Plan or California Ocean Waters habitats and wetlands; dechlorinated conveys Significant Quantities of I swimming pool discharges; and street wash to Receiving Waters, then the Enf C. The prohibition of discharges shall and implement a Storm Water not apply to any discharge which the City of Prevention Plan (SWPP). BI Carlsbad or the county health officer, and/or which may be required Bo pre the Regional Water Quality Control Board implement a SWPPP include, bu determine are necessary for the protection limited to, those which of the public health and safety. maintenance, storage, manL assembly, equipment operations 15.12.060 Discharge in Violation of loading, and/or cleanup activities F wholly out of doors. Any discharge that would result in or b. Coordinatio contribute to a violation of California Hazardous Materials Response F Regional Water Quality Control Board inventory: Any business subjec NPDES Permit No. CA0108758, Order 90-42 Hazardous Materials inventory and and any amendment, revision or reissuance program pursuant to Chapter 6.E thereof, either separately considered or California Health and Safety Co when combined with other discharges, is include provisions for compliance prohibited. Liability for any such discharge Chapter in its Hazardous shall be the responsibility of the person(s) Response Plan, including prohif causing or responsible for the discharge. unlawful Non-Storm Water discha Illegal Discharges, and provisions 15.12.070 Illicit Connections the use of Best Management Pr; It is prohibited to establish, use, reduce the discharge of Pollutants maintain, or continue illicit connections to Water. the storm water conveyanbe system, c. Impervious Su regardless of whether such connections Persons owning or operating a Pz were made under a permit or other or an impervious surface (inchdins authorization or whether permissible under limited to, service station paver the law or practices applicable or prevailing paved private streets and roads) at the time of the connection except as automobile-related or similar purpa authorized in section 15.12.050. clean those surfaces as frequentl; thoroughly as is necessary, in ac 15.12.080 Reduction of Pollutants with Best Management Practices, ti Contacting or Entering Storm the discharge of Pollutants to t Water Required. Storm Water Conveyance S: Sweepings or cleaning residue fron A. It is unlawful for any Person not to Lots or impervious surfaces shal utilize Best Management Practices to the swept or otherwise made or allow Maximum Extent Practicable to eliminate or into any Storm Water conveyance, reduce Pollutants entering the City’s Storm roadway, but must be dispose Water Conveyance System. accordance with regional soli( B. In order to reduce the risk of Non- procedures and practices. Storm Water or Pollutant discharges to the 2. Activities not Otherwise F City’s Storm Water Conveyance System, the by Subsection B. 1. following minimum Best Management a. Any person enge Practices shall be implemented: Development or other activity not c( 1. Commercial and Industrial Subsection B.l in the City of Carls Business-Related Activities. utilize Best Management Prac a. Storm Water Pollution prevent Pollutants from entering tt Prevention Plan: When the Enforcement warer, Official may require the business tc Permit 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 l6 ’ 7 ’ 8 l9 ‘* *’ 22 23 24 25 26 27 28 0 0 Water Conveyance System by complying twenty feet of the edge of a wal Standard Specifications for Public Works D. Deposit in, plant in, or rei Construction when performing public work, material from a watercourse inc and applicable provisions of the NPDES banks except as required for r General Permit for Storm Water Discharges maintenance; Associated with Construction Activity issued E. Construct, alter, enlarge, by the State Water Resources Control Board to, change, or remove any struc (State Board Order No. 92-08-DWQ>, and watercourse; or with all applicable local ordinances, the whichever is the greater distance; any subsequent amendments. F. Place any loose or uncot b. Standard for Parking Lots and material along the side of or Similar Structures. Persons owning or watercourse or so close to the s operating a parking lot or impervious cause a diversion of the flow, or tc surfaces used for similar purposes shall probability of such material bein clean those structures thoroughly as is away by storm waters passing thrc necessary to prevent the discharge of a watercourse. pollutants to the storm water conveyance G. The above requirement$ system to the maximum extent practicable, supersede any requirements set fo but not less than once prior to each wet California Department of Fish ai season. Sweepings or cleaning residue Stream Alteration Permit process. from parking lots or said impervious surfaces shall not be swept or otherwise 15.12.100 Authority to Inspect made or allowed to go into the gutter or A. During normal and reason; roadway. of operation, the Enforcement OR have the authority to make an ins1 15.12.090 Watercourse Protection enforce the provisions of this Ch; Every person owning property through to ascertain whether the purpose which a watercourse passes, and such Chapter are being met. An inspel person’s lessee or tenant, shall keep and be made after the designated reprc maintain that part of the watercourse within of the City of Carlsbad has present the property reasonably free of trash, debris credentials and the owner and/or excessive vegetation, and oth’er obstacles authorizes entry. If the City of which would pollute, contaminate, or representative is unable to locate 1 significantly retard the flow of water through or other persons having charge or the watercourse; shall maintain existing the premises, or the owner and/or privately owned structures within or adjacent refuses the request for entry, th to a watercourse, so that such structures will Carlsbad is hereby empowered not become a hazard to the use, function, or assistance from any court of c physical integrity of the watercourse; and shall not remove healthy bank vegetation After obtaining legal er beyond that actually necessary for said representative of the City of Carlsbi maintenance which shall be accomplished in 1. Inspect the premisc a manner that minimizes the vulnerability of reasonable times. the watercourse to erosion. No person shall 2. Carry out any water commit or cause to be committed any of the activities necessary to enforce this following acts, unless a written permit has including taking water samples first been obtained from the Enforcement property of any person which any i Official, and the appropriate State or Federal representative of the City of agencies, if applicable: reasonably believes is currently, 1 A. Discharge pollutants into or the past, caused or contributed tc connect any pipe or channel to a an illegal storm water discharge to watercourse; water conveyance system. Upon r B. Modify the natural flow of water in a the property owner or hidher i watercourse; representative, split water sample! feet of the center line of any watercourse or jurisdiction in obtaining entry. C. Carry out developments within thirty given to the person from whose pri samples were obtained. 6 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 l7 18 1 9 2o 21 22 23 24 25 26 27 28 0 e 3. Stop and inspect any vehicle shall be kept on file by the En1 reasonably suspected of causing or Agency. A copy of the report contributing to an illegal discharge to the provided to the owner and/or oc( storm water conveyance system. facility operator, or left at the Prem 4. Conduct tests, analyses and Person is available. If corrective evaluations to determine whether a required, then the occupant, facili discharge of storm water is an illegal and/or facility operator shall imp discharge or whether the requirements of plan of corrective action based this chapter are met. written plan of correction, submitt 5. Photograph any effluent Enforcement Agency, which st stream, material or waste, material or waste corrective actions to be taken container, container label, vehicle, waste expected dates of completion. i treatment process, waste disposal site implement a plan of correction con connection, or condition believed to violation of this Chapter. contribute to storm water pollution or All Enforcement Officials st- 6. Review and obtain a copy of Officials and other authorized I the Storm Water Pollution Prevention Plan shall identify themselves when ent prepared by a facility operator, if such a plan property for inspection purposes is required of the facility. inspecting the work of any contract( Require the facility operator to With the consent of the prope retain evidence, as instructed by the or occupant or pursuant to a searct inspector, for a period not to exceed 30 the Enforcement Official is auth days. establish on any property that d Review and obtain copies of all directly or indirectly to the municil storm water monitoring data compiled by the Water Conveyance System such d facility, if such monitoring is required of the are necessary to conduct san facility. metering operations. During all in! based upon such reasonable selection samples of materials, wastes, and/c processes as may be deemed necessary to as deemed necessary to aid in the 1 carry out the objectives of this ordinance, the inquiry or in the recordatior including but not limited to random sampling activities onsite. andlor sampling in areas with evidence of storm water contamination, illegal 15.12.120 Containment, Clean discharges, discharge of non-storm water to Notification of Spills. the storm water system, or similar factors. It is unlawful for any Person c occupying any Premises who has kl 15.12.110 Inspection Procedures-- of any release of Significant Qua Additional Requirements. materials, Pollutants, or waste wI During the inspection, the Enforcement result in Pollutants or Non-Stori Official shall comply with all reasonable discharges entering the City's Stol security, safety, and sanitation measures. In Conveyance System to not immedii addition, the Enforcement Official shall all reasonable action to contain, r comply with reasonable precautionary and clean up such release. Sucl measures specified by the owner and/or shall notify the City of Carlsbac occupant or facility operator. occurrence and/or County of Sa prior to leaving the site, the Enforcement Services/Environmental Health Official shall make every reasonable effort to the facility operator each of the violations noted by the Enforcement Official and any corrective actions that may be necessary. A occurrence. report listing any violation found by the Enforcement Official during the inspection constitute a violation of this Chapter. adequate identification. Enf 7. 8. B. Routine or area inspections shall be as provided herein, the official At the conclusion of the inspection, and Department of Hazardous Materials Management occurrence as soon as possible, bu than 24 hours from the time of the i review with the owner andlor occupant or and any other appropriate aoenc 7 t 1 2 3 4 5 6 7 8 9 10 11 12 13 ' 4 l5 l6 l7 la l9 2o 21 22 23 24 25 26 27 28 0 e 15.1 2.130 Testing, Monitoring or operator, to install or impleme Mitigation Required--When. Water pollution reduction 01 A. The Enforcement Official may measures, including, but not li require that any Person engaged in any process modification to red activity and/or owning or operating any generation of Pollutants or a prt facility which causes or contributes to Storm program approved by the Regio Water pollution or contamination, Illegal Quality Control Board and/or th Discharges, and/or discharge of Non-Storm Carlsbad if: Water to the Storm Water Conveyance 1. The Person, or facilit System perform monitoring, including operator fails to eliminate Illegal C physical and chemical monitoring andlor after receiving a written notice analyses and furnish reports as the Enforcement Official. Enforcement Official may specify if: 2. The Person, or facilit 1. The Person, or facility owner or operator, fails to implement a St( operator, fails to eliminate Illegal Discharges Pollution Prevention Plan, as requi within a specified time after receiving a Enforcement Official. written notice to do so by the Enforcement 3. The Enforcement C Official. documented repeated violation: 2. The Enforcement Official has Chapter any such Person or facilit: documented repeated violations of this operator which has caused or con Chapter by the Person or facility owner or Storm Water pollution. operator which has caused or contributed to D. If testing, monitoring or Storm Water poilution. required pursuant to this Ch' It is unlawful for such Person or facility deemed no longer necessary owner or operator to fail or refuse to Enforcement Official, then any or undertake and provide the monitoring, requirements contained in Paragrr analyses, and/or reports specified. Specific and C may be discontinued. monitoring criteria shall bear a relationship E. A Storm Water monitorin generated by the Person's activities or the State-issued NPDES General PC facility's operations. If the Enforcement be deemed to meet the requiren Agency has evidence that a Pollutant is monitoring program for the purpo: originating from a specific Premises, then the Enforcement Agency may require monitoring for that Pollutant regardless of 15.12.140 Concealment whether said Pollutant may be generated by Causing, permitting, aiding, i routine activities or operations. The Person concealing a violation of any provi5 or facility owner or operator shall be Chapter is unlawful and shall cc responsible for all costs of these activities, separate violation of this Chapter. analyses and reports. B. Any Persons required to monitor 15.12.1 50 Administrative En1 pursuant to Paragraph A, above, shall Powers implement a Storm Water monitoring The Enforcement Ager program including, but not limited to, the Enforcement Official can exei following: enforcement powers as provided i 1. Routine visual monitoring for 1.08 of this Code. In addition to tl dry weather flows. enforcement powers provided ir 2. Routine visual monitoring for 1.08 of this Code, the Enforceme spills which may pollute Storm Water runoff. and Enforcement Official have thc 3. A monitoring log including to utilize the following adn monitoring date, potential pollution sources, remedies as may be necessary as noted in 1 and 2, and a description of the this Chapter: mitigation measures taken to eliminate any A. Cease and Desist Ordei potential pollution sources. the Enforcement Official finds C. The Enforcement Official may discharge has taken place or is lik require a Person, or facility owner or place in violation of this Ch: to the types of Pollutants which may be prepared and implemented pursu. Chapter. 8 . 1 2 3 4 5 0 0 Enforcement Official may issue an order to investigation, inspection, or I cease and desist such discharge, practice, survey which led to the detectic or operation likely to cause such discharge such violation, for abatement cost and direct that those Persons not complying the reasonable costs of prep2 shall: bringing legal action under this su provisions and policies of this Chapter. procedures, the Enforcement Agl utilize the lien procedures listed for compliance. 15.12.16O.C.6 to enforce the 1. Comply with the applicable In addition to any other 2. Comply with a time schedule 6 7 8 9 10 11 12 13 3. Take appropriate remedial or liability. The violator may also be compensatory damages for impairr or destruction to water quality, wi preventive action to prevent the violation from recurring. Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin 15.12.160 Administrative Notic cans, rubbish, refuse, waste or any other Hearing, and Appeal material of any kind, in or upon the sidewalk Procedures. abutting or adjoining any parcel of land, or A. Unless otherwise providc upon any parcel of land or grounds, which any notice required to be give may result in an increase in Pollutants Enforcement Official under this ch; entering the City's Storm Water Conveyance be in writing and served in per2 System or a Non-Storm Water discharge to registered or certified mail. If serve the Enforcement Official may issue orders known to the Enforcement Official and give written notice to remove same in the address is unknown, service B. Notice to Clean and Abate. and aquatic life. the City's Storm Water Conveyance System, the notice shall be sent to the las 14 15 16 17 18 1 9 2o *' 22 23 24 25 26 27 28 any reasonable manner. made upon the owner of recor such notice shall undertake the activities as property involved. Such notice described in the notice. deemed to have been given at th Plan. The Enforcement Official shall have regularly serviced by the Unite the authority to establish elements of a Postal Service whether or not the I Storm Water Pollution Prevention Plan, and or certified mail is accepted. to require any owner or occupier of any B. When the Enforcemen Premises to adopt and implement such a determines that a violation of onc plan pursuant to Section 15.12.080.B.l.a., provisions of this chapter exists as may be reasonably necessary to fulfill the occurred, any violator(s) or purposes of this Chapter. owner(s) of record shall be serve D. Employee Training Program. The Enforcement Official with a writtc Enforcement Official shall have the authority and Order. The Notice and Order I Training Program, as may be necessary to describe how violated, the loc2 fulfill the purposes of this Chapter, where date(s) of the violation(s), and de$ such a Program has been required as an corrective action required. The N element of a Storm Water Pollution Order shall require immediate 1 Prevention Plan. action by the violator(s) or property E. Civil Penalties. Any Person who and explain which methol violates any of the provisions of this Chapter administrative enforcement are beir or who fails to implement a Storm Water by the Enforcement Official: CE monitoring plan, violates any cease and Desist Order, Notice to Clean an desist order or Notice to Clean and Abate, or establishment of a Storm Water fails to adopt or implement a Storm Water Prevention Plan, and/or establishrn Pollution Prevention Plan as directed by the Employee Training Program. Tt- Enforcement Official shall be liable for a civil and Order shall also expl penalty not to exceed $1,000 for each day consequences of failure to comply, such a violation exists. The violator shall be that civil penalties shall begin to im charged for the full costs of any accrue if compliance is not achiev The recipient of C. Storm Water Pollution Prevention deposit, postage prepaid, in to establish elements of an Employee the Municipal Code Section 9 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 *O 21 22 23 24 25 26 27 *a e 0 ten (IO) days from the date the Notice and time frame involved and the Order is issued. The Notice and Order shall considered in assessing civil pe identify all hearing rights. The Enforcement any. The decision shall be Official may propose any enforcement action immediately unless otherwise stal reasonably necessary to abate the violation. decision. The Hearing Officer sh C. If the violation(s) is not corrected the decision to be served within ten (IO) days from the date the Notice Enforcement Official and all pa and Order is issued, the Enforcement violators or owners of record. Official shall request the City Manager to 5. If the persons asse! appoint a Hearing Officer and fix a date, penalties fail to pay them within time, and place for hearing. The specified in the Hearing Officer’s Enforcement Official shall give written notice the unpaid amount constitutes thereof to the violator(s) or owner(s) of personal obligation of the person record, at least ten (IO) days prior to the or a lien upon the real property on date for hearing. violation occurred, in the discretic 1. The Hearing Officer shall Enforcement Official. If the viol: consider any written or oral evidence not corrected as directed the cik violation(s) exists, a Cease and Desist Order penalties may not exceed $100,0 should be required, a Notice to Clean and aggregate. When the viol Abate should be required, a Storm Water subsequently corrected, the Eni Pollution Prevention Plan should be Official shall notify the violator($ required, an Employee Training Program owner(s) of record of the outstan should be required, and/or Civil Penalties penalties and provide an opporl should be imposed, consistent with rules hearing if the amount(s) is disput and procedures for the conduct of hearings ten (IO) days from such notice. and rendering of decisions established and 6. The Enforcement Off promulgated by the City Manager. take all appropriate legal steps 1 2. In determining whether action these obligations, including referr. should be taken or the amount of a civil City Attorney for commencement penalty to be imposed, the Hearing Officer action to recover said funds. If col may consider any of the following factors: a lien, the Enforcement Official shal a. Duration of the notice of lien to be filed with thl violation(s). Recorder, inform the County Aut b. Frequency or recurrence. County Recorder of the amounl c. Seriousness. obligation, a description of the real d. History. upon which the lien is to be recovc e. Violator’s conduct after the name of the agency to w issuance of the Notice and Order. obligation is to be paid. Upon pa f. Good faith effort to full, the Enforcement Official sh: comply. release of lien with the County Recc g. Economic impact of the penalty on the violator(s). 15.12.170 Judicial Enforcemenl h. Impact of the violation on A. Criminal Penalties. Any pe the community. violates any provision of this Chaptc i. Any other factor which fails to implement a Storm Water 17 justice may require. plan, violates any cease and desist 3. If the violator(s) or owner(s) of Notice to Clean and Abate, or fails record fail to attend the hearing, it shall or implement Storm Water constitute a waiver of the right to a hearing Prevention Plans or Employee and adjudication of all or any portion of the Programs as directed by the Enfc Notice and Order. Official shall be punished, upon cc render a written decision within ten (IO) days in which such violation occ of the close of the hearing, including findings imprisonment in the San Diego COUI of fact and conclusions of law, identifying the presented to determine whether the continues to accrue on a daily ba 4. The Hearing Officer shall by a fine not to exceed $1,000 for ( 10 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 l8 l9 2o *.I 22 23 24 25 26 27 28 0 0 for a period not to exceed six (6) months, or caused or permitted to exist in vi both. any of the provisions of this Ch: B. InjunctionIAbatement of Public threat to the public health, sa Nuisance. Whenever a discharge into the welfare and is declared and deeme Storm Water Conveyance System is in nuisance, which may be summari violation of the provisions of this Chapter or and/or restored as directed otherwise threatens to cause a condition of Enforcement Official in accordanct contamination, pollution, or nuisance, the procedures identified in Chapter 6.* Enforcement Official may also cause the City action to abate, enjoin or otherwi: to seek a petition to the Superior Court for the cessation of such nuisance mz the issuance of a preliminary or permanent taken by the City, if necessary. injunction, or both, or an action to abate a The full cost of such abate public nuisance, as may be appropriate in restoration shall be borne by the restrainino the continuance of such the property and the cost thereof discharge. lien upon and against the pr C. Other Civil Action. Whenever a accordance with the procedures s Notice and Order or Hearing Officer's section 15.12.160.C.6. decision is not complied with, the City Attorney may, at the request of the 15.1 2.190 Remedies Not Exclu Enforcement Official, initiate any appropriate Remedies set forth in this Ct civil action in a court of competent not exclusive but are cumulative ti jurisdiction to enforce such Notice and Order civil and criminal penalties providt and decision, including the recovery of any including, but not limited to unpaid Storm Drain Fees and/or civil provisions of the Federal Clean ' penalties provided herein. and/or the State Porter-Cologr Quality Control Act. The seekinl 15.12.180 Violations Deemed a Public federal and/or state remedies Nuisance. preclude the simultaneous comm of proceedings pursuant to this Ch' In addition to the other civil and criminal penalties provided herein, any condition /I/ //I //I I// I// /I/ Ill //I 111 //I /It /It 11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and c be published at least once in a newspaper of general circulation in the City of Carlsb fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council he 28th day of January , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cil held on the day of , 1997 by the following vote, to wit: AYES: NOES: ABSENT CWUDE A. LEWIS, Mayor ATTEST b ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 12 1‘ 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 0 0 RESOLUTION NO. 9 7 - 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT THE CITY’S STORMWATER ORDINANCE AS AN IMPLEMENTING ORDINANCE FOR CARLSBAD’S LOCAL COASTAL PROGRAM. CASE NAME: STORMWATER ORDINANCE CASE NO: LCPA 96-09 WHEREAS, California State law requires that the Local Coastal General Plan, and Municipal Code regulations for properties in the Coastal Zc conformance; and WHEREAS, a verified application for an amendment to the LOCS Program, as shown on Exhibit “X”, dated January 28, 1997, attached and incorporat has been filed with the City Council; and WHEREAS, said verified application constitutes a request for a LOC Program Amendment as shown on Exhibit “X,, dated January 28, 1997, as provided Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5 14 of the California Code of Regulations of the California Coastal Commission Adrr Regulations; and WHEREAS, the City Council did on rhe 28th day of January 1997, h noticed public hearing as prescribed by law to consider the proposed Local Coasta Amendment shown on Exhibit “X”, dated Januaq 28, 1997, attached hereto; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, the City Council considered relating to the Local Coastal Program Amendment. 0‘ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, State Coastal Guidelines requires a six week public review 1 any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Coun City of Carlsbad, as follows: A) B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on A 1996, and ending on October 4, 1996, staff shall present to the City 1 summary of the comments received. No public comments have been rec That based on the evidence presented at the public hearing, the Citj approves LCPA 96-09 as shown on Exhibit “X’, dated January 28, 1997 hereto and made a part hereof based on the following findings: C) F indinns : 1. That the proposed Local Coastal Program Amendment is consistent with all i policies of the City of Carlsbad Local Coastal Program (LCP), in that the St Ordinance will supplement the existing Carlsbad LCP Drainage and Erosioi policies by prohibiting non-stormwater discharges (spills, illegal dumping i connections) to the stormwater conveyance system and reduce pollutants fit runoff. That the proposed amendment to Carlsbad‘s Local Coastal Program is re 2. maintain consistency between the City’s Municipal Code and its Local Coastal 1 3. That the Planning Director has determined that the project is exempt requirements of the California Environmental Quality Act (CEQA) per Sectit and 15061(b)(3) of the State CEQA Guidelines and will not have any adverse s impact on the environment. ... ... ... ... ... -2- *' 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 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of the City of Carlsbad, held on the 28th day of January 1997, by the following vote, to \. AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an1 NOES: None ABSENT: None ATTEST: -3 - *’ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 EXHIBIT It: 0 0 (January flfS e 39 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL. WHEREAS, an ordinance providing the City of Caflsbad with the legal authority 1 its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order issued by the California Regional Water Quality Control Board, San Diego Region; and, WHEREAS, reducing pollution in the City’s stormwater conveyance system m, and enhance the water quality of local watercourses, water bodies, and wetlands in consistent with the Clean Water Act; and, WHEREAS, the revised proposed Storm Water Management and DischarG Ordinance is not considered a project and is not subject to review per Sections 153 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, does ordain as follows: SECTION 1: That Q 1.08.010 (a) of the Carlsbad Municipal Code be amend “15.12 to the list of Chapters designated. SECTION 2: That Title 15, Chapter 15.12 of the Carisbad Municipal Code is f read as follows: Ill Ill Ill Ill /I1 /I1 Ill /I/ L\ 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 0 0 CHAPTER 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 15.12.010 Purpose and Intent D. Reducing pollutants in stc 15.12.020 Definitions discharges in order to achieve 15.12.040 Construction and San Diego County. The intent of this ordinance is 15.12.050 Discharge of Pollutants and enhance the water qualit 15.12.060 Discharge in Violation of watercourses, water bodies, and w a manner pursuant to and consii 15.12.070 Illicit Connections the Clean Water Act and California 15.12.080 Reduction of Pollutants Water Quality Control Board NPDt amendment, revision or reissuanw 75.72.030 Administration water quality objectives for surface Application Permit Contacting or Entering No. CA0108758, Order 90-42 Storm Water Required 15.12.090 Watercourse Protection 15.12.100 Authority to Inspect 15.1 2.020 Definitions. 15.12.110 Inspection Procedures- When used in this Cha Additional Requirements following terms shall have the 15.12.120 Containment, Cleanup, ascribed to them in this Section: and Notification of Spills A. "Basin Plan" meal 15.12.130 Testing, Monitoring or Comprehensive Water Quality Co Mitigation Required-- for the San Diego Basin adopt6 When. Regional Water Quality Control B 15.12.140 Concealment Diego Region (July 1975) and ap 15.12.150 Administrative the State Water Resources Contr Enforcement Powers together with subsequent amendm 15.12.160 Administrative Notice, B. "Best Management Pral Hearing, and Appeal (BMP)" means schedules of Procedures prohibitions of practices, gene 15.12.170 Judicial Enforcement house keeping practices, 15.12.180 Violations Deemed a prevention and educational Public Nuisance maintenance procedures, an' 15.12.190 Remedies Not Exclusive management practices to prevent to the maximum extent practicat 15.12.010 Purpose and Intent. the discharge of pollutants di The purpose of this Chapter is to ensure indirectly to waters of the United the future health, safety, and general welfare BMPs also include treatment reqi of the residential, commercial, and industrial operating procedures, and pra sectors of the City of Carlsbad by: control plant site runoff, spillage A. Prohibiting non-storm water sludge or waste disposal, or drarr discharges to the storm water conveyance raw materials storage. system. C. "Building Permit" shall Eliminating discharges to the storm permit issued pursuant to Chapter ' water conveyance system from spills, D. "California Ocean Plan" r dumping or disposal of materials other than California Ocean Plan: Wate storm water or permitted or exempted Control Pian for Ocean Waters of discharges. adopted by the State Water F C. Reducing pollutants in storm water Control Board September 1991 discharges, including those pollutants taken up by storm water as it flows over urban E. "Clean Water Act" shall I extent practicable. by Public Law 92-500, as amt B. subsequent amendments. areas (Urban Runoff), to the maximum Federal Water Pollution Control AC 1 /L '. #' 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 X ' 7 l8 19 2o 21 22 23 24 25 26 27 28 a e Public Laws 95217, 95576, -483, and 2. Proper handling of all mat 95117 (33 USCA Section 1251 et seq.), and any subsequent amendments. 3. Mitigation of spills F. "County Health Officer" shall mean spill response, containment anc the Health Officer of the County of San Diego Department of Public Health or 4. Visual monitoring of designee. wastes to prevent spillage. procedures. streams to ensure that no illicit ( enter the storm water conveyance 1. The placement or erection of 5. Discussion of the c any solid material or structure on land, in between the storm water c( water, or under water; system and the sanitary sewer sys 2. The discharge or disposal of any 6. Identification of a dredged material or of any gaseous, liquid, connections to the storm water c( 3. The grading, removing, 7. Preventive mainten dredging, mining, or extraction of any good housekeeping procedures. materials; 8. Material ma 4. A change in the density or practices employed by the facility intensity of the use of land, including, but not or eliminate pollutant contact H limited to, a subdivision pursuant to the water discharge. Subdivision Map Act (Government Code I. "Enforcement Agency' shall Section 66410, et seq.) and any other City of Carlsbad or its authorizc division of land, except where the division of charged with ensuring compliance land is brought about in connection with the Chapter. purchase of such land by a public agency for J. "Enforcement Official" shall public recreational use; City Manager or his or her designe 5. A change in the intensity of the K. "Hazardous Materials" s use of water, or of access thereto; any substance or mixture of s 6. The construction, which is toxic, corrosive, flamr reconstruction, demolition, or alteration of irritant, a strong sensitizer, or facility of any private, public, 'or municipal other means, if such a substance entity; and, of substances may cause substai 7. The removal or harvesting of serious illness or harm to humans major vegetation other than for agricultural livestock, or wildlife. purposes. L. "Illicit Connection" mc As used in this definition,' "structure" un-permitted or undocumented includes, but is not limited to, any building, connection to the storm water cc road, pipe, flume, conduit, siphon, aqueduct, system which has not been appro! telephone line, and electrical power City of Carlsbad, or any conned transmission and distribution line. (Source: drains illegal discharges either f Government Code Section 65927). indirectly into a storm water c( means a documented employee training M. "Illegal Discharge" me program for all persons responsible for non-permitted or non-exempt dis implementing a Storm Water Pollution the storm water conveyance systi Prevention Plan. The Employee Training not composed entirely of storm w Program shall include, but is not limited to, expressly prohibited by federal, G. "Development" shall mean: solid, or thermal waste; system. the size of any structure, including any pressure through decomposition H. "Employee Training Program" s ys tem. the following topics: local regulations, laws, cc 1. Laws, regulations, and local ordinances, or degrades the ordinances associated with storm water receiving waters in violation of B# pollution prevention, and an overview of the and California Ocean Plan standar potential impacts of polluted storm water on N. "Maximum Extent Practic the receiving waters of the San Diego mean, with respect to Best Mz region. Practices (BMPs), an individual group of BMPs which address a F 2 b' 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 l5 l6 l7 ' 8 l9 20 21 22 23 24 25 26 27 28 - e 0 concern, which have a cost of mobile homes, dormitories, group implementation reasonably related to the etc.). pollution control benefits achieved, and T. "Person" shall mean any 0. "National Pollution Discharge partnership, entity, firm, as Elimination System (NPDES) Permit" shall corporation, or public agency, incl mean a permit issued by the Regional Water Sate of California and the United Quality Control Board or the State Water America. Resources Control Board pursuant to U. "Pollutant'' includes, b Chapter 5.5, Division 7 of the California limited to, solid waste, sewage, Water Code, to control discharges from point medical waste, wrecked or sources to waters of the United States, equipment, radioactive materials, including, but not limited to: spoil, rock, sand, industrial waste organic or inorganic substance del Control Board NPDES Permit No. pollutant under 40 C.F.R. 122. CAOl08758, Order 90-42 and any presence degrades the quality amendment, revision or reissuance thereof. receiving waters in violation of B 2. NPDES General Permit for and California Ocean Plan stand: Storm Water Discharges Associated with as fecal coliform, fecal strep Industrial Activities' enterococcus, volatile organic 3. NPDES General Permit for (VOC), surfactants, oil and Storm Water Discharges Associated with petroleum hydrocarbons, total Construction Activity; and, carbon (TOC), lead, copper, c 4. California Regional Water cadmium, silver, nickel, zinc, Quality Control Board, San Diego Region, phenols, and biocides. General Dewatering Permits (Order A pollutant also includ Numbers 91-10 and 90-31). contaminant which degrades the means any discharge to the storm water Plan and California Ocean Pian : conveyance system that is not entirely by altering any of the following par' composed of storm water. pH, total suspended and settleab Q. "NPDES General permit" shall biochemical oxygen demand mean a permit issued by the State Water chemical oxygen demand (COD), Resources Control Board, including, but not and temperature. limited to: V. "Premises" means any bu 1. NPDES General Permit for parcel, real estate, land or portio1 Storm Water Discharges Associated with whether improved or unimproved. Industrial Activities; and, W. "Receiving Waters" mean: 2. NPDES General Permit for bodies of water, which serve as ( Storm Water Discharges Associated with points for the storm water coi Construction Activity. system, including the Batiquitos R. "Order No. 90-42", dated July 16, Agua Hedionda Lagoon and 8ue 1990, shall mean California Regional Water Lagoon and their tributary creeks, re Quality Control Board NPDES Permit No. lakes, estuaries, and the Pacific Occ amendment, revision or reissuance thereof, runoff and drainage associated WI together with all amendments, and which is events and snow melt prior to cor on file in the office of the City Clerk. urban areas, agricultural areas, anc "Parking Lot" shall mean an open areas in which the natural environr area, other than a street or other public way, been significantly disturbed or alterc used for the parking of motorized vehicles, directly or indirectly, as a result 0 whether for a fee or free, to accommodate activity (also see definition for "Nc clients or customers or to accommodate Water") . residents of multi-family dwellings (Le., For the purposes of this Chaptt apartments, condominiums, townhomes, Water runoff and drainage from ar are in a natural state, have n which are technologically feasible. organization, business trust, 1. California Regional Water Quality P. "Non-Storm Water Discharge" the receiving waters in violation CAO108758, Order 90-42 and any X. "Storm Water" shall mean S. 3 L* 7 2 3 4 5 6 7 8 9 10 11 12 13 l4 l5 l6 l7 1 * '' 2o 21 22 23 24 25 26 27 28 Ll 0 e significantly disturbed or altered, either 15.1 2.030 Administration directly or indirectly, as a result of human The Enforcement offici2 activity, and the character and type of administer, implement, and enf Pollutants naturally appearing in the runoff provisions of this Chapter. An; have not been significantly altered, either granted to, or duties imposed Q directly Of indirectly, as a result of human Enforcement Official may be dele activity, shall be considered "unpolluted, and the Enforcement Official to Perso shall satisfy the definition of "Storm Water' employ of the City, or pursuant to in this Chapter. When deemed necessary Y. "Storm Water Conveyance System" Enforcement Official, the Eni includes, but is not limited to those municipal Official shall prepare and present t facilities within the City of Carlsbad by which Council for approval regulations ( storm water may be conveyed to waters of with the general policies establish the United States, including any roads with by the City Council. The Enf drainage systems, municipal streets, catch Official shall enforce Council basins, natural and artificial channels or regulations necessary to the admi storm drains. of this ordinance, and may recomr Z. "Storm Water Pollution Prevention the Council amend such regulati Plan" means a document which describes time to time as conditions require. the on-site program activities to eliminate or reduce to the maximum extent practicable, 15.12.040 Construction and Ap pollutant discharges to the storm water This Chapter shall be inteq conveyance system. assure consistency with the require Plan prepared and implemented pursuant to amendatory thereof or suppl any NPDES Storm Water permit shall meet thereto, applicable implementing re! the definition of a Storm Water Pollution and California Regional Water Prevention Plan for the purposes of this Control Board NPDES Perr Chapter. CAOl08758, Order 90-42 ai AA. "Watercourse" means any natural amendment, revision or reissuance or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, 15.12.050 Discharge of Pollutar waterway, gully, ravine, arroyo or wash, in The discharge of non-storr which waters flow in a definite direction or discharges to the storm water cor course, either continuously or intermittently, system or to any other conveyancc and which has a definite channel and a bed which discharges into receiving or banks. A channel is not limited to land prohibited, except as specified belo\ covered by minimal or ordinary flow but also A. The prohibition on dischar includes land covered during times of high not apply to any discharge regulate( water. "Watercourse" does not include any NPDES permit issued to the dischz surface drainage prior to its collection in a administered by the State of C stream, river, creek, ditch, channel, canal, pursuant to Chapter 5.5, Division ' conduit, culvert, drain, waterway, gully, California Water Code, provided ravine, arroyo or wash. discharger is in compliance ' BB. "Wet Season" means October 15 requirements of the permit an through April 15. CC. "Wetlands" shall mean areas that B. Discharges from the are inundated or saturated by surface or activities will not be considered a s ground waters at a frequency and duration pollutants to waters of the Unite sufficient to support, and that under normal when properly managed: water line circumstances do support, a prevalence of landscape irrigation; diverted streai vegetation typically adapted for life in rising ground waters; uncont: saturated soil conditions. Wetlands ground water infiltration [as define generally include swamps, marshes, bogs, CFR 35.2005(20)] to storm and similar areas. conveyance systems; uncont: pumped ground water; discharg' A Storm Water Pollution Prevention the federal Clean Water Act i applicable laws and regulations. 4 A. 1 2 3 4 5 6 7 8 9 10 I I 1 2 l3 j4 1 5 l6 1 7 ’ 8 l9 20 21 22 23 24 25 26 27 28 e 0 potable water sources; foundation drains; air Official determines that a bur conditioning condensation; irrigation water business-related activity cal springs: water from crawl space pumps; significantly contributes to viotati residential car washing; flows from riparian Plan or California Ocean Water: habitats and wetlands; dechlorinated conveys Significant Quantities of swimming pool discharges; and street wash to Receiving Waters, then the Er water. Official may require the business C. The prohibition of discharges shall and implement a Storm Water not apply to any discharge which the City of Prevention Plan (SWPPP). E Carlsbad or the county health officer, andor which may be required to pn the Regional Water Quality Control Board implement a SWPPP include, bi determine are necessary for the protection limited to, those which of the public health and safety. maintenance, storage, man assembly, equipment operation: 15.1 2.060 Discharge in Violation of loading, and/or cleanup activities Permit wholly out of doors. footing drains; lawn watering; individual water quality standards set ‘forth ir Any discharge that would result in or b. Coordinatic contribute to a violation of California Hazardous Materials Response I NPDES Permit No. CAO108758, Order 90-42 Hazardous Materials inventory anc and any amendment, revision or reissuance program pursuant to Chapter 6. thereof, either separately considered or California Health and Safety Cc when combined with other discharges, is include provisions for compliance prohibited. Liability for any such discharge Chapter in its Hazardous shall be the responsibility of the person(s) Response Plan, including prohi causing or responsible for the discharge. unlawful Non-Storm Water disch; Illegal Discharges, and provision5 15.1 2.070 tllicit Connections the use of Best Management Pr It is prohibited to establish, use, reduce the discharge of Pollutant: maintain, or continue illicit connections to the storm water conveyance system, c. Impervious S regardless of whether such connections Persons owning or operating a P were made under a permit or other or an impervious surface (includir authorization or whether permissible under limited to, service station pave the law or practices applicable or prevailing paved private streets and roads) at the time of the connection except as automobile-related or similar purp authorized in section 15.12.050. clean those surfaces as frequent thoroughly as is necessary, in a( with Best Management Practices, 1 15.12.080 Reduction of Pollutants the discharge of Pollutants to ’ Contacting or Entering Storm Storm Water Conveyance S Water Required. Sweepings or cleaning residue fro1 A. It is unlawful for any Person not to Lots or impervious surfaces shz utilize Best Management Practices to the swept or otherwise made or allov Maximum Extent Practicable to eliminate or into any Storm Water conveyance, reduce Pollutants entering the City’s Storm roadway, but must be disposc Water Conveyance System. accordance with regional soli B. In order to reduce the risk of Non- procedures and practices. Storm Water or Pollutant discharges to the City’s Storm Water Conveyance System, the by Subsection B. 1. following minimum Best Management a. Any person eng Practices shall be implemented: Development or other activity not c 1. Commercial and Industrial Subsection 8.1 in the City of Carl: Business-Related Activities. utilize Best Management Pral prevent Pollutants from entering 1 Regional Water Quality Control Board Inventory: Any business subje Water. 2. Activities not Otherwise a. Storm Water Pollution Prevention Plan: When the Enforcement 5 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 l6 1 7 la I' 2o 21 22 23 24 25 26 27 28 e 9 Water Conveyance System by complying twenty feet of the edge of a wa with all applicable local ordinances, the whichever is the greater distance; Standard Specifications for Public Works 0. Deposit in, plant in, or re Construction when performing public work, material from a watercourse inc and applicable provisions of the NPDES banks except as required for General P errnit for Storm Water Discharges maintenance: Associated with Construction Activity issued E. Construct, alter, enlarge by the State Water Resources Control Board to, change, or remove any struc (State Board Order No. QZ-O&DWQ), and watercourse; or any subsequent amendments. F. Place any loose or unco b. Standard for Parking Lots and material along the side of or Similar Structures. Persons owning or watercourse or so close to the : operating a parking lot or impervious cause a diversion of the flow, or t surfaces used for similar purposes shall probability of such material beir clean thoce structures thoroughly as is away by storm waters passing thrl necessary to prevent the discharge of a watercourse. pollutants to the storm water conveyance G. The above requirement system to the maximum extent practicable, supersede any requirements set fc but not less than once prior to each wet California Department of Fish i season. Sweepings or cleaning residue Stream Alteration Permit process. from parking lots or said impervious surfaces shall not be swept or otherwise 15.12.100 , Authority to Inspect made or allowed to go into the gutter or A. During normal and reason roadway. of. operation, the Enforcement 0 have the authority to make an in5 15.12.090 Watercourse Protection enforce the provisions of this Ch Every person owning property through to ascertain whether the purpos which a watercourse passes, and such Chapter are being met. An inspt person's lessee or tenant, shall keep and be made after the designated repi maintain that part of the watercourse within of the City of Carisbad has preser the property reasonably free of trash, debris credentials and the owner and/oi excessive vegetation, and other obstacles authorizes entry. If the City oi which would pollute, contaminate, or representative is unable to locate significantly retard the flow of water through or other persons having charge 01 the watercourse; shall maintain existing the premises, or the owner ando privately owned structures within or adjacent refuses the request for entry, tl to a watercourse, so that such structures will Carlsbad is hereby empowerec not become a hazard to the use, function, or assistance from any court of physical integrity of the watercourse; and jurisdiction in obtaining entry. shall not remove healthy bank vegetation After obtaining legal e beyond that actually necessary for said representative of the City of Carlst maintenance which shall be accomplished in 1. Inspect the premiz a manner that minimizes the vulnerability of reasonable times. the watercourse to erosion. No person shall 2. Cany out any wate commit or cause to be committed any of the activities necessary to enforce thl following acts, unless a written permit has including taking water samples first been obtained from the Enforcement property of any person which any Official, and the appropriate State or Federal representative of the City of A. Discharge pollutants into or the past, caused or contributed connect any pipe or channel to a an illegal storm water discharge tc watercourse; water conveyance system. Upon B. Modify the natural flow of water in a the property owner or hidher watercourse; representative, split water samplc C. Carry out developments within thirty given to the person from whose F: feet of the center line of any watercourse or samples were obtained. agencies, if applicable: reasonably believes is Cuflently, 6 A' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 l7 18 1 9 2o 21 22 23 24 25 26 27 28 e e 3. Stop and inspect any vehicle shall be kept on file by the Enf reasonably suspected of causing or Agency. A copy of the report contributing to an illegal discharge to the provided to the owner and/or oc( storm water conveyance system. facility operator, or left at the Prem 4. Conduct tests, analyses and Person is available. If corrective evaluations to determine whether a required, then the occupant, facili discharge of storm water is an illegal andor facility operator shall imp discharge or whether the requirements of plan of corrective action based this chapter are met. written plan of correction, submitt 5. Photograph any effluent Enforcement Agency, which st stream, material or waste, material or waste corrective actions to be taken container, container label, vehicle, waste expected dates of completion. I treatment process, waste disposal site implement a plan of correction cor connection, or condition believed to violation of this Chapter. contribute to storm water pollution or All Enforcement Officials SI constitute a violation of this Chapter. adequate identification. En the Storm Water Pollution Prevention Plan shall identify themselves when en prepared by a facility operator, if such a plan property for inspection purposes is required of the facility. inspecting the work of any contract Require the facility operator to With the consent of the prop( retain evidence, as instructed by the or occupant or pursuant to a searc inspector, for a period not to exceed 30 the Enforcement Official is autt days. establish on any property that c Review and obtain copies of all directly or indirectly to the munici storm water monitoring data compiled by the Water Conveyance System such c facility, if such monitoring is required of the are necessary to condud sar faci I i t y. metering operations. During all ir B. Routine or area inspections shall be as provided herein, the official based upon such reasonable selection samples of materials, wastes, and/ processes as may be deemed necessary to as deemed necessary to aid in the carry out the objectives of this ordinance, the inquiry or in the recordatic including but not limited to random sampling activities onsite. and/or sampling in areas with evidence of storm water contamination, illegal 15.12.120 Containment, Cleai discharges, discharge of non-storm water to Notification of Spills. the storm water system, or similar factors. It is unlawful for any Person occupying any Premises who has I 15.12.110 Inspection Procedures-- of any release of Significant Qu Additional Requirements. materials, Pollutants, or waste v During the inspection, the Enforcement result in Pollutants or Non-Sto Official shall comply with all reasonable discharges entering the City's St( security, safety, and sanitation measures. In Conveyance System to not immec addition, the Enforcement Official shall all reasonable action to contain, comply with reasonable precautionary and clean up such release. Su measures specified by the owner and/or shall notify the City of Carlsbi occupant or facility operator. Occurrence and/or County of $ prior to leaving the site, the Enforcement Services/Environmental Health Official shall make every reasonable effort to review with the owner andor occupant or the facility operator each of the violations noted by the Enforcement Official and any corrective actions that may be necessary. A occurrence. report listing any violation found by the Enforcement Official during the inspection 6. Review and obtain a copy of Officials and other authorized 7. 8. At the conclusion of the inspection, and Department of Hazardous Materials Managemer and any other appropriate ager occurrence as soon as possible, t than 24 hours from the time of thc 7 I. 1 2 3 4 5 6 7 8 9 10 11 12 '3 j4 j5 ' 6 l7 l8 l9 *(I 21 22 23 24 25 26 27 28 0 0 15.12.130 Testing, Monitoring or operator, to install or impleme Mitigation Required--When. Water pollution reduction or A. The Enforcement Official may measures, including, but not li require that any Person engaged in any process modification to red' program approved by the Regioi facility which causes or contributes to Storm Water pollution or contamination, Illegal Quality Control Board andor th Discharges, and/or discharge of Non-Storm Carlsbad if: Water to the Storm Water Conveyance 1. The Person, or facilie System perform monitoring, including operator fails to eliminate Illegal I: physical and chemical monitoring and/or after receiving a written notice analyses and furnish reports as the Enforcement Official. Enforcement Official may specify if: 2. The Person, or facilit The Person, or facility owner or operator, fails to implement a Stc operator, fails to eliminate Illegal Discharges Pollution Prevention Plan, as requ within a specified time after receiving a Enforcement Official. written notice to do so by the Enforcement 3. The Enforcement C Official. documented repeated violation: 2. The Enforcement Official has Chapter any such Person or facilit documented repeated violations of this operator which has caused or cor Chapter by the Person or facility owner or Storm Water pollution. operator which has caused or contributed to D. If testing, monitoring or storm Water pollution. required pursuant to this Ch It is unlawful for such Person or facility deemed no longer necessar) owner or operator to fail or refuse to Enforcement Official, then any 01 undertake and provide the monitoring, requirements contained in Paragr analyses, and/or reports specified. Specific and C may be discontinued. monitoring criteria shall bear a relationship E. A Storm Water monitorir to the types of Pollutants which may be prepared and implemented pursi generated by the Person's activities or the State-issued NPDES General P facility's operations. If the Enforcement be deemed to meet the require! Agency has evidence that a Pollutant is monitoring program for the purpc originating from a specific Premises, then Chapter. the Enforcement Agency may require monitoring for that Pollutant regardless of 15.12.140 Concealment whether said Pollutant may be generated by routine activities or operations. The Person concealing a violation of any prov or facility owner or operator shall be Chapter is unlawful and shall c responsible for all costs of these activities, separate violation of this Chapter. B. Any Persons required to monitor 15.1 2.1 50 Administrative Er pursuant to Paragraph A, above, shall Powers implement a Storm Water monitoring The Enforcement Age program including, but not limited to, the Enforcement Official can ex following: enforcement powers as providec 1. Routine visual monitoring for 1.08 of this Code. In addition to dry weather flows. enforcement powers provided 2. Routine visual monitoring for 1.08 of this Code, the Enforcer spills which may pollute Storm Water runoff. and Enforcement Official have t 3. A monitoring log including to utilize the following ac monitoring date, potential pollution sources, remedies as may be necessar) as noted in 1 and 2, and a description of the this Chapter: mitigation measures taken to eliminate any A. Cease and Desist Ord potential pollution sources. the Enforcement Official fin1 C. The Enforcement Official may discharge has taken place or is I require a Person, or facility owner or place in violation of this C generation of Pollutants or a prg activity andlor owning or operating any 1. Causing, permitting, aiding, analyses and reports. 8 \. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 ' 2o 21 22 23 24 25 26 *' 28 a 0 Enforcement Official may issue an order to investigation, inspection, or r or operation likely to cause such discharge such violation, for abatement cost and direct that those Persons not complying the reasonable costs of prep; shall: bringing legal action under this SCI 1. Comply with the applicable In addition to any other provisions and policies of this Chapter. procedures, the Enforcement Ag 2. utilize the lien procedures listed for compliance. 15.12.160.C.6 to enforce the 3. Take appropriate remedial or liability. The violator may also be preventive action to prevent the violation compensatory damages for impair from recurring. or destruction to water quality, w Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin 15.12.160 Administrative Notic cans, rubbish, refuse, waste or any other Hearing, and Appea material of any kind, in or upon the sidewalk Procedures. abutting or adjoining any parcel of land, or A. Unless otherwise provid upon any parcel of land or grounds, which any notice required to be givt may result in an increase in Pollutants Enforcement Official under this CP entering the City's Storm Water Conveyance be in writing and served in per System or a Non-Storm Water discharge to registered or certified mail. If sew the City's Storm Water Conveyance System, the notice shall be sent to the la the Enforcement Official may issue orders known to the Enforcement Officii and give written notice to remove same in the address is unknown, servic any reasonable manner. The recipient of made upon the owner of recc such notice shall undertake the activities as property involved. Such noticc described in the notice. deemed to have been given at I Plan. The Enforcement Official shall have regularly serviced by the Unit the authority to establish elements of a Postal Service whether or not the Storm Water Pollution Prevention Plan, and or certified mail is accepted. to require any owner or occupier of any B. When the Enforceme Premises to adopt and implement such a determines that a violation of or plan pursuant to Section 15.12.080.B.l.a., provisions of this chapter exis purposes of this Chapter. owner(s) of record shall be ser D. Employee Training Program. The Enforcement Official with a wrii Enforcement Official shall have the authority and Order. The Notice and Ordei to establish elements of an Employee the Municipal Code Section Training Program, as may be necessary to describe how violated, the 101 fulfill the purposes of this Chapter, where date(s) of the violation(s), and d such a Program has been required as an corrective action required. The element of a Storm Water Pollution Order shall require immediate Prevention Plan. action by the violator(s) or proper E. Civil Penalties. Any Person who and explain which mett violates any of the provisions of this Chapter administrative enforcement are bc or who fails to implement a Storm Water by the Enforcement Official: monitoring plan, violates any cease and Desist Order, Notice to Clean desist order or Notice to Clean and Abate, or establishment of a Storm Watc fails to adopt or implement a Storm Water Prevention Plan, andor establist Pollution Prevention Plan as directed by the Employee Training Program. Enforcement Official shall be liable for a civil and Order shall also e: penalty not to exceed $1,000 for each day consequences of failure to comp such a violation exists. The violator shall be that civil penalties shall begin to charged for the full costs of any accrue if compliance IS not achi cease and desist such discharge, practice, survey which led to the detectic Comply with a time schedule 6. Notice to Clean and Abate. and aquatic life. C. Storm Water Pollution Prevention deposit, postage prepaid, in as may be reasonably necessary to fulfill the occurred, any violator(s) or 9 6% 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 ten (IO) days from the date the Notice and time frame involved and the Order is issued. The Notice and Order shall considered in assessing civil pe identify all hearing rights. The Enforcement any. The decision shall be Official may propose any enforcement action immediately unless otherwise stal reasonably necessary to abate the violation. decision. The Hearing Officer sh within ten (IO) days from the date the Notice Enforcement Official and all PE and Order is issued, the Enforcement violators or owners of record. Official shall request the City Manager to 5. If the persons asse appoint a Hearing Officer and fix a date, penalties fail to pay them within time, and place for hearing. The specified in the Hearing Officer's Enforcement Official shall give written notice the unpaid amount constitutes thereof to the violator(s) or owner(s) of personal obligation of the person record, at least ten (IO) days prior to the or a lien upon the real property on date for hearing. violation occurred, in the discreti 1. The Hearing Officer shall Enforcement Official. If the viol' consider any written or oral evidence not corrected as directed the cif presented to determine whether the continues to accrue on a daily b: violation(s) exists, a Cease and Desist Order penalties may not exceed $loo,( should be required, a Notice to Clean and aggregate. When the vic Abate should be required, a Storm Water subsequently corrected, the Et- Pollution Prevention Plan should be Official shall notify the violator( required, an Employee Training Program owner(s) of record of the outsta should be required, and/or Civil Penalties penalties and provide an oppo should be imposed, consistent with rules hearing if the amount(s) is dispu and procedures for the conduct of hearings and rendering of decisions established and 6. The Enforcement Of promulgated by the City Manager. take all appropriate legal steps should be taken or the amount of a civil City Attorney for commencement penalty to be imposed, the Hearing Officer action to recover said funds. If c( may consider any of the following factors: a lien, the Enforcement Official sh: a. Duration of the notice of lien to be filed with tl violation(s). Recorder, inform the County Ai b. Frequency or recurrence. County Recorder of the amou c. Seriousness. obligation, a description of the re' d. History. upon which the lien is to be recol e. Violator's conduct after the name of the agency to ' issuance of the Notice and Order. obligation is to be paid. Upon g f. Good faith effort to full, the Enforcement Official SI comply. release of lien with the County Re( g. Economic impact of the penalty on the violator(s). 15.12.170 Judicial Enforcemei h. Impact of the violation on A. Criminal Penalties. Any p the community. violates any provision of this Char i. Any other factor which fails to implement a Storm Water plan, violates any cease and desi If the violator(s) or owner(s) of Notice to Clean and Abate, or fai record fail to attend the hearing, it shall or implement Storm Water constitute a waiver of the right to a hearing Prevention Plans or Employec and adjudication of all or any portion of the Programs as directed by the EI Notice and Order. Official shall be punished, upon 4. The Hearing Officer shall by a fine not to exceed $1,000 fo render a written decision within ten (IO) days in which such violation o of the close of the hearing, including findings imprisonment in the San Diego Cc of fact and conclusions of law, identifying the C. If the violation(s) is not corrected the decision to be served ten (IO) days from such notice. 2. In determining whether action these obligations, including refer justice may require. 3. 10 *, T. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 la ' 9 2o 21 22 23 24 25 26 27 28 e 0 for a period not to exceed six (6) months, or caused or permitted to exist in v both. any of the provisions of this Ch B. InjunctionlAbatement of Public threat to the public health, Si Nuisance. Whenever a discharge into the welfare and is declared and deemc Storm Water Conveyance System is in nuisance, which may be summa violation of the provisions of this Chapter or andor restored as directed otherwise threatens to cause a condition of Enforcement Official in accordanc contamination, pollution, or nuisance, the procedures identified in Chapter 6 Enforcement Official may also cause the City action to abate, enjoin or otherwi to seek a petition to the Superior Court for the cessation of such nuisance m the issuance of a preliminary or permanent taken by the City, if necessary. injunction, or both, or an action to abate a The full cost of such abate public nuisance, as may be appropriate in restoration shall be borne by the restraining the continuance of such the property and the cost thereof discharge. lien upon and against the p C. Other Civil Action. Whenever a accordance with the procedures 5 Notice and Order or Hearing Officer's section 15.12.160.C.6. decision is not complied with, the City Attorney may, at the request of the 15.12.1 90 Remedies Not Excli Enforcement Official, initiate any appropriate Remedies set forth in this C civil action in a court of competent not exclusive but are cumulative i jurisdiction to enforce such Notice and Order civil and criminal penalties provid and decision, including the recovery of any including, but not limited tc unpaid Storm Drain Fees andlor civil provisions of the Federal Clean penalties provided herein. andlor the State Porter-Colog Quality Control Act. The seekir 15.12.180 Violations Deemed a Public federal andlor state remedies Nuisance. preclude the simultaneous cornu of proceedings pursuant to this Ch In addition to the other civil and criminal penalties provided herein, any condition Ill Ill Ill Ill Ill 111 Ill Ill Ill Ill Ill Ill 11 *- 1 2 0 e EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its and the City Clerk, city of Cadsbad, shall certify to the adoption of this ordinance and t 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 be published at least once in a newspaper of general circulation in the City of Cads1 fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council h day of , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C , 1997 by the following vote, to wit: held on the day of AYES: NOES: ABSENT CIAUDEA. LEWIS, Mayor ATTEST " ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 12 e e EXHIBI’ b San Diego Gas & Electric P 0 BOX 1831 * SAN DIEGO, CA 921 124150. 619 / 696-2000 November 1,1996 F’LE No SFH 2 16 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Re: San Diego Gas & Electric Company (SDG&E) is pleased to have the opportunity to provide the City of Carlsbad (City) with its comments regarding the proposed LCPA 96- 09 Storm Water Ordinance. SDG&E is a “Public Utility” within the meaning of Section 2 16 of the Public Utility Code and Article XI1 of the California Constitution. As such, SDG&E’s operations, activities and facilities fall within the exclusive regulatory jurisdiction of the California Public Utility Commission (CPUC). While the CPUC shares concurrent regulatory jurisdiction with other state agencies otherwise having jurisdiction over SDG&E activities, the CPUC’s regulatory jurisdiction is exclusive as between it and local government. Section 8 of article XI1 of the California Constitution expressly prohibits CPUC has regulatory power. The CPUC’s regulatory powers are largely identified in the Public Utility Code, pursuant to Section 70 1,76 1, 762 and 768, the CPUC has exclusive regulatory power over the siting, design, installation, maintenance, repair, replacement, operation and ESP of SPG&E’$ e!ectric p~wer generation. transmission and distribution and its natural gas transmission and distribution systems. Consequently, to the extent that the proposed ordinance will require SDG&E to obtain the City’s approval for any activity or for any development, use, maintenance, repair, replacement, installation, or modification of any public utility facility in, on, under, across, or in the vicinity of a watercourse, storm water conveyance system, or otherwise under the ordinance, the same is prohibited by slate law. SDG&E will, of course, conform its activities, operations and facilities to the requirements of applicable federal and state law including, without limitation, the federal Clean Water Act, California Porter-Cologne Water Quality Act, and the regulations promulgated thereunder. PROPOSED LCPA 96-09 - STORM WATER ORDINANCE local government from regulating public utilities concerning matters over which the I stormwater\cbcoment e 0 “ Moreover, SDG&E will notice the City of activities which would otherwise be subject to this proposed ordinance and pursue good faith negotiations with the City to resolve any reasonable, relevant and appropriate concerns of the City. Where resolutions cannot be achieved, the City may avail itself of the complaint procedures set forth in Public Utility Code section 170 1 et seq. Specifically, SDG&E advises the City of Carlsbad that the Enclosed Bays and Estuaries Plan was rescinded in 1994, (see page 2, paragraph I). Finally, the definition of ‘‘Storm Water”, for purposes of the proposed ordinance should be consistent with the definition provided in the federal NPDES regulations as found under 40 CFR 122.26(b) (13). Also, the ordinance has three paragraphs that seem to be inconsistent with each other, they are the definition of paragraph 15.12.020, M, “Illicit Connection”, paragraph 15.12.050 “Discharge of pollutant^^^ and paragraph 15.12.070 “Illicit Connections.” They all make reference to illicit connections where one would allow connection if approved by the RWQCB and the City of Carlsbad. Another paragraph states that any connection whether approved or not is prohibited. 1. It is recommended that to make the ordinance clear, the following language should be remove from paragraph 15.12.070 “regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practice applicable or prevailing at the time of the connection.” In its place the following language should be included “but is subject to the exceptive provisions of the Municipal Code paragraph 15,12,050,” 2. The following should be included as an activity considered not as a source of pollution under paragraph 15.12.050, B., “substructure dewatering.” This type of activity is covered under the State General NPDES Permit CAG90002 Discharge By Utility Companies to Surface Waters. Thank you for the opportunity to comment on the proposed ordinance. If you have any question please fsel free to cd! me zit 696-4671. stormwater\cbcoment EXHIBIT 4 e 0 CITY OF CARLSBAD RONALD R. BALL CITY ATTORNEY D. RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1 989 (619) 434-2891 JANE MOBALDI FAX. (619) 434-8367 DEPUTY CITY ATTORNEY January 8, 1997 MCEIVED JAN 0 8 1997 Ralph Vasquez Environmental Analyst ENGINEERING San Diego Gas & Electric ow-m P. 0. Box 1831 San Diego, CA 92112 RE: STORM WATER ORDINANCE AND LCPA Dear Mr. Vasquez: This letter is in response to your November 1, 1996 comments on the City’s proposed Storm Water Ordinance and companion Local Coastal Program Amendment, currently scheduled for City Council consideration on January 28, 1997 at 6:OO p.m. in City Council Chambers. The first page of your letter asserts San Diego Gas & Electric Company (SDG&E) exemption from City regulation generally, because of the exclusive regulatory jurisdiction of the California Public Utilities Commission (CPUC). We view the law as providing shared jurisdiction over some issues, and that the application of the Storm Water Ordinance in any particular aspect must be analyzed in light of that shared jurisdiction. Your letter ignores the language in California Constitution Article XI , Section 9 which allows corporations such as SDG&E to establish and operate works for supplying power and heat “...upon conditions and under regulations that the city may prescribe under its organic law.” Additionally, Public Utilities Code section 2902 specifically authorizes municipal corporations such as the City of Carlsbad to retain its “. . .powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets.. .”. 0 e ‘. I. Awrslingly, the City believes it dses have sQme shared jurisdiction over SDG&E with the CPUC. Depending on the issue, the dispute resolutianlenforcement provisions of the City’s proposed ordinance or Public Utility Code section 1701 et seq. might be applicable. You also point out that the Enclosed Bays and Estuaries Plan was rescinded in 1994, and we have deleted that definition from the ordinance. We agree that the definition of “storm water” should be consistent with the definition in the federal regulations at 40 CFR 122.26(b)(13). Although the ordinance language is slightly longer than that found in the regulations, we believe it is consistent with the federal regulation definition, and includes helpful explanatory language found in ordinances of other San Diego County cities. Finally, we disagree with your conclusion that the definition of “Illicit Connection” at section 15.12.020.M, and the provisions relating to “Discharge of Pollutants’’ in with each other. They are not internally inconsistent, because the “illicit connections” provision in section 15.12.070 refers to both illegal hookups (in the sense that they are done without a required permit), and legal hookups through which illegal discharges occur. However, we agree that the provision is confusing, and have added the modifying phrase “except as authorized in section 15.12.050” at the end of section 15.12.070 to make it more clear. We have not modified section 15.12.050.B to add “substructure dewatering” as you requested, precisely for the reason you state in your letter. That is, that type of activity is covered under the State General NPDES Permit, which is the exception provided by section 15.12.050.A, and therefore is not relevant to the exception found in subsection B. Thank you for your comments on our draft ordinance. We appreciate the input and opportunity to improve and clarify the language to eliminate potential future section 15.12.050 and “Illicit Connections” in 15.12.070 seem to be inconsistent enforcement problems. Very truly yours, kid 11% D. RICHARD RUD Assistant City Attorney rm h c: Engineering Management Analyst 0 ', ' - /,-a Ch ccl, Janv28, 1997 TO: CITY MANAGER FROM: City Engineer VIA: @ornmunity Development Director ADDITIONAL INF'ORMATION FOR 1/28/97 AGENDA The attached letter was received from Thelma Hayes of the Buena Vista Lagoon Foundation after the agenda packets for tonight's meeting were distributed. The staff presentation will reference the letter and confirm that the proposed ordinance is in conformity with the Buena can distribute them to the City Council prior to the meeting. Vista Lagoon Strategic Plan. I am attaching five copies of Thelma Hayes' letter so that you 0 0 I' r 4, . . THELMA I. HAYES, POBox 1366, Carlsbad, CA 92018 Ph. 619/434-358 January 17, 1997 Mindy Jacobs, Management Analyst City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 - Dear Ms. Jacobs: The following is comment for the public hearing regarding the proposed ordinance concerning Storm Water Regulations. The Buena Vista Lagoon Foundation is respectfully asking that t. proposed ordinance on Storm Water Regulations be in conformity with the Buena Vista Lagoon Strategic Plan adopted by the City Council Tuesday, -January 14, 1997. Sincerely yours, \A.M~d_./ PI 4; 3A,p- Thelma I. Hayes, Board Member Buena Vista Lagoon Foundation PROOF OF PUBLIdON *. ' I.. (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- and case number 1721 71 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Advocate) case number 171 349 (Blade-Citizen) Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Jan. 17, 1997 I cerfify (or declare) under penalty of perjury that the foregoing is true and correct. Bated at California, this of lB& Oceanside 17th day Jan. 1997 ----- - - - - - - - NORTH COUNTY TIMES Legal Advertising This space i@ the County Clerk's Filins Proof of Publication of -NQ+&= nf_ EubLic-k-g- - - - - - . ~ NOTICE OF PUBLIC HEARING ADOPTlONTmMmR ORDlNANCl LOCAL COASTAL PROGRAM AMENDME NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsl public hearing at the City Council Chambers, 1200 Carlsbad Village 0 California, at 6:00 p.m., on Tuesday, January 28,1997, to consider amf 1.08.010 of the Carlsbad Municipal Code and enacting a new Chapter 1 Storm Water Management and Discharge Control; and to consider apl Coastal Program Amendment to adopt the Citys Stomwater (3rd implementing Ordinance for me CRY'S Local Coastal Program. The purpose and intent of the Stormwater Ordinance is to ensure tht safely, and general welfare of the citizens of the City of Carlsbad non-stormwater discharges to the storm water conveyance system dumping, illicit connections) and reducing pollutants from urban runoff tc extent practicable. The proposed ordinance provides the City with the If enforce these provisions, sets forth inspection and testing procedures, framework under which the ordinance may be enforced. The Lccal Coastal Program Amendment will ensure consistency betweel Municipal Code and the Local Coastal Program. If you have any questions arding this matter, please contact Mindy Engineering Department, 2619) 4361 161, extxtenSiOn 4396. If you challenge the Stormwater Ordinance and/or Local Coastal Progra in court, ou may be limited to raising only those issues raised by you a at the puhc hearin described in this notice, or in written correspondel the City of CarlsbajCity Clerk's office at, or prior to, the public hearing. APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL LCPA 9609 -- I 1. e 9 '. *r. \ NOTICE OF PUBLIC HEARING ADOPTION OF STORM WATER ORDINANCE AND LOCAL COASTAL PROGRAM AMENDMENT LCPA 96-09 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, January 28, 1997, to consider amending Sectior 1.08.010 of the Carlsbad Municipal Code and enacting a neb Chapter 15.12 relating to Storm Water Management and Dischargc Control; and to consider approving a Local Coastal Prograr Amendment to adopt the City's Stormwater Ordinance as ar implementing Ordinance for the City's Local Coastal Program. The purpose and intent of the Stormwater Ordinance is to ensurc the future health, safety, and general welfare of the citizens oJ the City of Carlsbad by prohibiting non-stormwater discharges tc the storm water conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants from urban runoff tc the maximum extent practicable. The proposed ordinance provide: the City with the legal authority to enforce these provisions, sets forth inspection and testing procedures, and creates i framework under which the ordinance may be enforced. The Local Coastal Program Amendment will ensure consistenc: between the amended Municipal Code and the Local Coastal Program If you have any questions regarding this matter, please contaci Mindy Jacobs, in the Engineering Department, at (619) 438-1161 extension 4396. If you challenge the Stormwater Ordinance and/or Local Coasta: Program Amendment, in court, you may be limited to raising onl: those issues raised by you or someone else at the public hearins described in this notice, or in written correspondence deliverec to the City of Carlsbad City Clerk's Office at, or prior to, tht public hearing. APPLICANT: City of Carlsbad PUBLISH: January 17, 1997 CARLSBAD CITY COUNCIL <,t * .' 0 e ,c - .- City -..__ of ~ .___ Carlsbac \ d '\ 1 I < \i' PUBLIC NOTICE y TO INTERESTED PARTIES: 9' Please be advised that the City of Carlsbad is considering text amendments to its Local Coaxt' Y :/ + J ;%, P~gram._(LCP>_whiC-~.-Wi_l!_~e--~he -form of a M?unic:lpal.Code--Amendment. .as summarize J below. This amendment is being proposed by the City of Carlsbad and is currently under reviev i This notice hereby opens a six week review period after which the City Council will consider a 4 comments and act on the proposed amendment. The City Council hearing is expected to tak place in October 1996, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbat Planning Department, 2075 Las Palmas Drive; (2) City Clerk's Office, 1200 Carlsbad Villag Drive; (3) Carisbad Main Library, 1250 Carlsbad Village Drive; (4) La Costa Branch Library 6949 El Camino Real, Suite 200; and (5) the California Coastal Commission District Office 3 11 1 Camino Del Rio North, Suite 200, San Diego. - -__I_ __- --- ,' vs 'y ;4 3 i? -A 2-j .) 5:. c A, \ut -e h, ..e\ .\ . '.?. '\ $4 + .I '-~'\ $ j, % .e > ' 2: .+& 5 This specific Municipal Code Amendment is as follows: .! 7.4 PROPOSED LCP AMENDMENT SUMMARY LCPA 96-09 - Stormwater Qrdinance The City's Municipal Code is one of the implementing ordinances for the City's Local Coasta' Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between it's proposed amended Municipal Code and it's Local Coastal Program. L , .&; , 3 4 ij +y) !.'\ .t . :, 't ,$ b i .,- \> <ks, >$ q c;y kv y+ -1 a 3 +. The purpose and intent of the Stormwater Ordinance is to ensure the future health, safety, and general welfare of the citizens of the City of Carlsbad by prohibiting non-stormwater discharges to the storm water conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants from urban runoff to the maximum extent practicable. The proposed ordinance provides the City with the legal authority to enforce these provisions, sets forth inspection and testing procedures, and creates a framework under which the ordinance may be enforced. If you have any questions, please call Mindy Jacobs in the Engineering Department at (619) 438- 1 161, extension 4396. Written comments should be sent to the Planning Department at 2075 Las Palmas Drive, Carlsbad, California 92009. PUBLISIl DATE: AUGUST 22, I996 PUBLISH DATE FOR NORTH COUNTY TIMES: AUGUST 22, 1996 PUBLISH DATE FOR CARLSBAD SUN: AIJGUST 22, 1996 -? .! I t,! 4 Q f, +, y . x j\l'* .~ -~~. ....__--.. ~ ..._.-._..._- ~ .__.--. ~- _._-_-. ~ -..-... -_-- ~ ..- .~-. ~~. . ~. ~..-~.. ..~ ...~--~ .~ 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-1 161 FAX (61 9) 438-0894 TABATA FARMS 0 CITY OF ENClNlTAS COM.DEV. DEPARTMENT PO BOX 1338 ENClNlTAS CA 92024 REGIONAL WATER QUAL. BD - H~W~&\LABELSLCP 0 595 St VULCAN AYE CARLSBAD CA 92018 INTERESTED PARTIES UPDATED 1 1-96 OLlVENHAl N M .W. D. ENClNlTAS CA 92024 SUITE B KENNETH E SULZER IST INT'L PLAZA, SUIT 9771 CLAIREMONT MESA BLVD 401 B STREET SAN DIEGO CA 92124 SANDIEGO CA 92101 CRAIG ADAMS GUY MOORE JR JAN SOBEL SIERRA CLUB 6503 EL CAMINO REAL CHAMBER OF COMME SAN DIEGO CHAPTER CARLSBAD CA 92009 PO BOX 1605 3820 RAY CARLSBAD CA 92008 SANDIEGO CA 92101 LESLIE ESPOSITO CYRIL AND MARY GIBSON BILL McLEAN 1893 AMELFI DRIVE 12142 ARGYLE DRIVE c/o LAKESHORE GARL: ENClNlTAS CA 92024 LOSALAMITOS CA 90702 7201 AVENIDA ENCINF CARLSBAD CA 92009 LANlKAl LANE PARK JOHN LAMB SPIERS ENTERPRISE: SHARP; SPACE 3 1446 DEVLIN DRIVE DWIGHT SPIERS 6550 PONTO DRIVE LOSANGELES CA 90069 SUITE 139 CARLSBAD CA 92008 1966 OLIVENHAIN ROAD EXECUTIVE OFFICER SANDAG - EXEC DIRE( 23 CORPORATE PLAD NEWPORT BEACH CA KIM SEIBLY MARY GRIGGS SUPERVISOR BILL HO~ SAN DIEGO GAS & ELECTRIC ATTN: ART DANELL PO BOX 1831 SUITE 100 SOUTH COUNTY OF SD, ROOR SAN DIEGO CA 92112 100 HOWE AVE 1600 PACIFIC HIGHWA SAN DIEGO CA 92101 PERRY A LAMB SAN DIEGO COUNTY LEE ANDERSON 890 MERE POINT ROAD CRA PRESIDENT BRUNSWICK MAINE 0401 1 5200 EL CAMINO REAL CARLSBAD CA 92008 STATE LANDS COMMISSSION SACRAMENTO CA 95825-8202 PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 RICHARD RETECKl ANTHONY BONS FLOYD ASHBY COASTAL CONSERVANCY 1124 BLUE SAGE 41 6 LA COSTA AVE SUITE 1100 4 330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER MR/MRS MICHAEL CARDOSA CARLENE TlMM 7163 ARGONAURA WAY CARLSBAD CA 92009 CARLSBAD CA 92008 PO BOX 1831 SAN MARCOS CA 92069 ENCINITAS CA 92024 6491 EL CAMINO REAL SAN DIEGO GAS & ELE( SAN DIEGO CA 921 12 0 SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 8oo 401 I3 STREET SAN DIEGO CA 92101 0 . I’ 1,” LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) APPENDIX A (PER COASTAL COMMISSION) DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 1400 TENTH STREET 1 10 WEST A STREET SAN DIEGO CA 92101 OFFICE OF PLANNING AND RESEARC€ OFFICE OF LOCAL GOVERNMENT AFA SACRAMENTO CA 95814 PUBLIC UTILITIES COMMISSION 350 McALLISTER STREET SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD AND AGRICUL STEVE SHAFFER, AGRICULTURE RES0 ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN ROBERT MEYER DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 1120 N STREET 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 SACRAMENTO CA 95814 DISTRICT 11 CALTRANS RESOURCES AGENCY TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SAN DIEGO CA 92138 SACRAMENTO CA 95812 Rh4 1311 14 16 NINTH STREET 0 0 . *' ' ,,* AI^ RESOURCES BOARD COASTAL CONSERVANCY ANNE GERAGHTY, MANAGER SUITE 1100 GENERAL PROJECTS SECTION 1330 BROADWAY PO BOX 2815 OAKLAND CA 94612 SACRAMENTO CA 95812 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN SACRAMENTO CA 95814 14 16 NINTH STREET DEPARTMENT OF FISH AND GAME DON LOLLOCK, CHIEF ENVIRONMENTAL SERVICES DIVI S IO 15 16 NINTH STREET RM 1206-20 SACRAMENTO CA 95814 MARJNE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR LONGBEACH CA 90802 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL CC 14 1 6 NINTH STREET SACRAMENTO CA 95814 350 GOLDEN SHORE RM 1516-2 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 30 VAN NESS AVENUE SAN FRANCISCO BAY CONSERVATIO AND DEVELOPMENT COMMISSION BILL TRAVIS SAN FRANCISCO CA 95814 STATE LANDS COMMISSION DWIGHT SANDERS PO BOX 100 SUITE 1005 SACARAMENTO CA 95801 100 HOW AVE WATER RESOURCES CONTROL BOAN SACRAMENTO CA 95825-8202 e DEPARTMENT OF AGRICULTURE ROBERT L. ERWIN, DIRECTOR SUITE 1037 SAN FRANCISCO CA 941 11 0 6 *' * &I,- E~IONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CALAIREMONT MESA BLVD SAN DIEGO CA 92124-133 1 630 SANSOME STREET DEPARTMENT OF AGRICULTURE ROBERT DELZELL FARMERS HOME ADMINISTRATION RESOURCE CONSERVATIONIST IRWRIN HOFFMANN 2828 CHILES ROAD SUITE F DAVIS CA 95616 194 W MAIN STREET DEPARTMENT OF AGRICULTURE WOODLAND CA 95695 DEPARTMENT OF COMMERCE OFFICE OF OCEAN AND COASTAL L McGILVRAY 1825 CONNECTICUT AVENUE WASHINGTON DC 20235 COUNCIL ON ENVIRONMENTAL QUAI CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE BRIGADIER GENERAL PATRICK KELLY RM 1216 TECHNICAL ENGINEERING BRANCH 630 SANSOME STREET SAN FRANCISCO CA 941 1 1 DEPARTMENT OF DEFENSE RICHARD L FRASER 630 SANSOME STREET SAN FRANCISCO CA 941 11 DEPARTMENT OF DEFENSE COMMANDING OFFICER, WESTERN DIVISION ROBERT FORSYTH, DIRECTOR PO BOX 727 SANBRUNO CA 94066 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 271 1 LOSANGELES CA 90053 e DEPARTMENT OF DEFENSE JOHN B. MARTIN, REGIONAL DIRECTOR COMMANDANT, ELEVENTH NAVAL 1 SUITE 210 DISTRTCT CIVIL ENGINEER 1450 MARIA LANE SAN DIEGO CA 92132 0 4 *' + *I,& D~PARTMENT OF ENERGY WALNUT CREEK CA 94596-5368 GENEME SERVICES ADMINISTRATION MOLLY BRANDT, DIRECTOR OPERARIONAL PLANNING ROOM 1316 525 MARKET STREET SAN FRANCISCO CA 94105 SAN FRANCISCO CA 941 11 DEPARTMENT OF DEFENSE PHILLIP LAMMI, CHIEF 630 SANSOME STREET U. S. BUREAU OF LAND MANAGEMENT BOB BARNEY CLIFFORD EMMERLING, DIRECTOR 2800 COTTAGE WAY SUITE 350 SACRAMENTO CA 95825 901 MAFXET STREET DEPARTMENT OF ENERGY SAN FRANCISCO CA 94 103 U. S. BUFEAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 DEPARTMENT OF HOUSING AND URB DUNCAN LENT HOWARD, REGIONAL 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 BRIAN O'NEILL, SUPERINTENDENT BUILDING 201 FORT MASON SAN FRANCISCO CA 94123 U. S. BUREAU OF RECLAMATION JOHN H. TURNER 2800 COTTAGE WAY SACRAMENTO CA 95825 GOLDEN GATE NATIONAL RECREATION AREA MID-PACIFIC REGION * e 0 DOUGLAS WARNOCK, SUPERTNTENDI REDWOOD NATIONAL PARK 1111 2m STREET CRESCENT CITY CA 9553 1 , *. - . >\k SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE DRAWERN SAN BUENAVENTURA CA 93001 U. S. BUREAU OF MINES BOM-DO1 JAMES MCKEVITT. FIELD SUPERVISOI MAIL STOP 2454 MIB WASHINGTON CA 20240 U. S. FISH AND WILDLIFE SERVICE 2800 COTTAGE WAY SACRAMENTO CA 95825 BUREAU OF INDIAN AFFAIRS BARRY BRAYER, AWP-8 RONALD M. JAEGER 2800 COTTAGE WAY WESTERN REGION SACRAMENTO CA 95825 FEDERAL AVIATION ADMINISTRATIOI PO BOX 92007 LOSANGELES CA 90009