HomeMy WebLinkAbout1997-02-04; City Council; 14036; ADOPTION OF ORDINANCE NO. NS-394-STORM WATER MANAGEMENT AND DISCHARGE CONTROLt .
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CIT w OF CARLSBAD - AGEN BILL e' -
AB #- TlTT DEPT.
MTG. 7./114/97 STORM WATER MANAGEMENT AND CITY A
CITY N DEPT. CLK DISCHARGE CONTROL
RECOMMENDED ACTION:
Adopt Ordinance No. NS-394, amending the Municipal Code enacting a new chap,
relating to Storm Water Management and Discharge Control.
ITEM EXPLANATION
Ordinance No. NS-394 was introduced at the regular City Council meeting of January 28
1997. The second reading allows Council to adopt the ordinance which would then become
effective in thirty days. The City Clerk will have the ordinance published within fifteer
days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 14,024 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-394
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ORDINANCE NO. NS - 3 9 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW
CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL.
WHEREAS, an ordinance providing the City of Carlsbad with the legal authority tc
its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order P
issued by the California Regional Water Quality Control Board, San Diego Region; and,
WHEREAS, reducing pollution in the City's stormwater conveyance system mz
and enhance the water quality of local watercourses, water bodies, and wetlands in i
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 § 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
read as follows:
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CHAPTER 15.1 2
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections: 15.12.01 0 Purpose and Intent D. Reducing pollutants in stor 15.12020 Definitions discharges in order to achieve a1
15.12.030 Administration water quality objectives for surface I
15.12.040 Construction and San Diego County.
The intent of this ordinance is tl
15.12.050 Discharge of Pollutants and enhance the water quality
15.12.060 Discharge in Violation of watercourses, water bodies, and we
a manner pursuant to and consisi
15.12.070 Illicit Connections the Clean Water Act and California
Contacting or Entering No. CAOl08758, Order 90-42 i Storm Water Required amendment, revision or reissuance
Application
Permit
15.12.080 Reduction of Pollutants Water Quality Control Board NPDE
15.12.090 Watercourse Protection
15.12.100 Authority to Inspect 15.12.020 Definitions.
15.12.110 Inspection Procedures-- When used in this Chap
Additional Requirements following terms shall have the r 15.12.120 Containment, Cleanup, ascribed to them in this Section: and Notification of Spills A. "Basin Plan" mean
15.12.130 Testing, Monitoring or Comprehensive Water Quality Con
Mitigation Required-- for the San Diego Basin adoptec When. Regional Water Quality Control Bo
15.12.140 Concealment Diego Region (July 1975) and app 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 (
Procedures prohibitions of practices, gener
15.12.170 Judicial Enforcement house keeping practices,
15.12.180 Violations Deemed a prevention and educational I
Public Nuisance maintenance procedures, anc
15.12.190 Remedies Not Exclusive management practices to prevent (
to the maximum extent practicabl
15.12.01 0 Purpose and Intent. the discharge of pollutants dii 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
B. Eliminating discharges to the storm permit issued pursuant to Chapter a
water conveyance system from spills, D. "California Ocean Plan" m
dumping or disposal of materials other than California Ocean Plan: Watei
storm water or permitted or exempted Control Plan for Ocean Waters of
C. Reducing pollutants in storm water Control Board September 1997
discharges, adopted by the State Water F
discharges, including those pollutants taken
up by storm water as it flows over urban E. "Clean Water Act" shall I areas (Urban Runoff), to the maximum Federal Water Pollution Control Ac
extent practicable. by Public Law 92-500, as am(
subsequent amendments.
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Public Laws 95217, 95576, -483, and 2. Proper handling of all mate 95-117 (33 USCA Section 1251 et seq.), and any subsequent amendments. 3. Mitigation of spills I
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 al
designee. streams to ensure that no illicit dir
enter the storm water conveyance s 1. The placement or erection of 5. Discussion of the dii
any solid material or structure on land, in between the storm water cor
2. The discharge or disposal of any 6. Identification of all
dredged material or of any gaseous, liquid, connections to the storm water COI
solid, or thermal waste; sys tem . 3. The grading, removing, 7. Preventive maintenai
dredging, mining, or extraction of any good housekeeping procedures.
materials; 8. Material mar
4. A change in the density or practices employed by the facility 1
intensity of the use of land, including, but not or eliminate pollutant contact wi 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 Carisbad 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 designee
5. A change in the intensity of the K. "Hazardous Materials" st
use of water, or of access thereto; any substance or mixture of si
6. The construction, which is toxic, corrosive, flamrr reconstruction, demolition, or alteration of imtant, a strong sensitizer, or !
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 approv
telephone line, and electrical power City of Carisbad, or any connect
transmission and distribution line. (Source: drains illegal discharges either c 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 dis
implementing a Storm Water Pollution the storm water conveyance systc
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, cc
ordinances associated with storm water receiving waters in violation of Bi
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
wastes to prevent spillage.
G. "Development" shall mean:
water, or under water; system and the sanitary sewer systr
H. "Employee Training Program" system.
1. Laws, regulations, and local ordinances, or degrades the
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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 ir
which are technologically feasible. organization, business trust, ( 0. "National Pollution Discharge partnership, entity, firm, as2
Elimination System (NPDES) Permit'' shall corporation, or public agency, inch mean a permit issued by the Regional Water Sate of California and the United :
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Quality Control Board or the State Water
Resources Control Board pursuant to U. "Pollutant" includes, bi 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.
CAOlO8758, 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
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 portic
Storm Water Discharges Associated with whether improved or unimproved.
Industrial Activities; and, W. "Receiving Waters" mear 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
"Order No. 90-42", dated July 16, Agua Hedionda Lagoon and Bu
1990, shall mean California Regional Water Lagoon and their tributary creeks, I
Quality Control Board NPDES Permit No. lakes, estuaries, and the Pacific O(
CA0108758, Order W42 and any X "Storm Water" shall mea
amendment, revision or reissuance thereof, runoff and drainage associated \i together with all amendments, and which is events and snow melt prior to cc
on file in the office of the City Clerk. urban areas, agricultural areas, ar
"Parking Lot" shall mean an open areas in which the natural enviror
area, other than a street or other public way, been significantly disturbed or alte
used for the parking of motorized vehicles, directly or indirectly, as a result
whether for a fee or free, to accommodate activity (also see definition for "1
clients or customers or to accommodate Water").
residents of multi-family dwellings (Le., For the purposes of this Char
apartments, condominiums, townhomes, Water runoff and drainage from
are in a natural state, have
America.
1. California Regional Water Quality
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significantly disturbed or altered, either 15.1 2.030 Administration
directly or indirectly, as a result of human The Enforcement Official
activity, and the character and type of administer, implement, and enfa Pollutants naturally appearing in the runoff provisions of this Chapter. Any have not been significantly altered, either granted to, or duties imposed ui
activity, shall be considered "unpolluted" and the Enforcement Official to Persor
shall satisfy the definition of "Storm Water" employ of the City, or pursuant to (
in this Chapter. When deemed necessary I
Y. "Storm Water Conveyance System" Enforcement Official, the Enfc includes, but is not limited to those municipal Official shall prepare and present tc
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 establish(
the United States, including any roads with by the City Council. The Enfi 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 recomn
Z. "Storm Water Pollution Prevention the Council amend such regulatic 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
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 re
the definition of a Storm Water Pollution and California Regional Water
Prevention Plan for the purposes of this Control Board NPDES Pen
Chapter. CA0108758, Order 90-42 a
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 Pollutai waterway, gully, ravine, arroyo or wash, in The discharge of non-stor which waters flow in a definite direction or discharges to the storm water co
course, either continuously or intermittently, system or to any other conveyanc
and which has a definite channel and a bed which discharges into receiving
covered by minimal or ordinary flow but also A. The prohibition on discha
includes land covered during times of high not apply to any discharge regulate water. "Watercourse" does not include any NPDES permit issued to the disch 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 a through April 15. applicable laws and regulations.
CC. "Wetlands" shall mean areas that B. Discharges from the are inundated or saturated by surface or activities will not be considered a
ground waters at a frequency and duration pollutants to waters of the Unit1
sufficient to support, and that under normal when properly managed: water linl
circumstances do support, a prevalence of landscape imgation; diverted stre
. vegetation typically adapted for life in rising ground waters; uncor
saturated soil conditions. Wetlands ground water infiltration [as defir
generally include swamps, marshes, bogs, CFR 35.2005(20)] to stom
pumped ground water; dischar
directjy or indirectly, as a result of human Enforcement OtTcia\ may be de\e\
or banks, A channel is not limited to land prohibited, except as specified belo
and similar areas. conveyance systems; uncor
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potable water sources; foundation drains; air Official determines that a busir
conditioning condensation; irrigation water business-related activity caust
springs; water from crawl space pumps; significantly contributes to violatior
footing drains; lawn watering; individual water quality standards set forth in tt
habitats and wetlands; dechlorinated conveys Significant Quantities of P
swimming pool discharges; and street wash to Receiving Waters, then the Enfo
water. Official may require the business to C. The prohibition of discharges shall and implement a Storm Water I
not apply to any discharge which the City of Prevention Plan (SWPPP). Bu! Carlsbad or the county health officer, and/or which may be required to prep the Regional Water Quality Control Board implement a SWPPP include, but determine are necessary for the protection limited to, those which
residentiai car washing; flows from riparian Plan or California Ocean Waters I
of the public health and safety. maintenance, storage, manu1 assembly, equipment operations,
15.12.060 Discharge in Violation of loading, and/or cleanup activities pi
Any discharge that would result in or b. Coordinatior
contribute to a violation of California Hazardous Materials Response PI Regional Water Quality Control Board Inventory: Any business subjec
NPDES Permit No. CAOl08758, Order 90-42 Hazardous Materials inventory and
and any amendment, revision or reissuance program pursuant to Chapter 6.9
thereof, either separately considered or California Health and Safety Ca
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@) Response Plan, including prohib
causing or responsible for the discharge. unlawful Non-Storm Water dischai 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 conveyance system, c. Impervious SL
regardless of whether such connections Persons owning or operating a R
were made under a permit or other or an impervious surface (includini
authorization or whether permissible under limited to, service station pavei the law or practices applicable or prevailing paved private streets and roads)
at the time of the connection except as automobile-related or similar purpc
authorized in section 15.12.050. clean those surfaces as frequent1
thoroughly as is necessary, in ac
15.12.080 Reduction of Pollutants with Best Management Practices, t
Contacting or Entering Storm the discharge of Pollutants to 1 Water Required. Storm Water Conveyance S Sweepings or cleaning residue fro1 A. It is unlawful for any Person not to utilize Best Management Practices to the Lots or impervious surfaces shc
Maximum Extent Practicable to eliminate or swept or otherwise made or allo\
reduce Pollutants entering the City’s Storm into any Storm Water conveyance,
Water Conveyance System. roadway, but must be disposl
accordance with regional sol B. In order to reduce the risk of Non-
City‘s Storm Water Conveyance System, the 2. Activities not Oiherwise following minimum Best Management by Subsection E. 1.
Practices shall be implemented: a. Any person eng Development or other activity not c 1. Commercial and Industrial Subsection B.l in the City of Carl Business-Related Activities. utilize Best Management Pra a. Storm Water Pollution prevent Pollutants from entering Prevention Plan: When the Enforcement
Permit wholly out of doors.
procedures and practices Storm Water or Pollutant discharges to the
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Water Conveyance System by complying twenty feet of the edge of a watt with all applicable local ordinances, the whichever is the greater distance; Standard Specifications for Public Works D. Deposit in, plant in, or ren
Construction when performing public work, material from a watercourse incll
and applicable provisions of the NPDES banks except as required for n
General Permit for Storm Water Discharges maintenance;
Associated with Construction Activity issued E. Construct, alter, enlarge,
(State Board Order No. 92-08-DWQ), and watercourse; or any subsequent amendments. F. Place any loose or uncor
Similar Structures. Persons owning or watercourse or so close to the si
operating a parking lot or impervious cause a diversion of the flow, or tc surfaces used for similar purposes shall probability of such material beinc
clean those structures thoroughly as is away by storm waters passing thro
necessary to prevent the discharge of a watercourse. pollutants to the storm water conveyance G. The above requirements
system to the maximum extent practicable, supersede any requirements set fo but not less than once prior to each wet California Department of Fish ar
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 reasona roadway. of operation, the Enforcement Ofl
have the authority to make an insf
15.1 2.090 Watercourse Protection enforce the provisions of this Chz
Every person owning property through to ascertain whether the purpose
which a watercourse passes, and such Chapter are being met. An inspec
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 other 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 andor
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 jurisdiction in obtaining entry.
shall not remove healthy bank vegetation After obtaining legal er
beyond that actually necessary for said representative of the City of Carlsb
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 thi!
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,
A. Discharge pollutants into or the past, caused or contributed t
connect any pipe or channel to a an illegal storm water discharge to
watercourse: water conveyance system. Upon I
B. Modify the natural flow of water in a the property owner or hidher
watercourse; representative, split water sample
C. Caw out developments within thirty given to the person from whose pi
feet of the center line of any watercourse or samples were obtained.
by the State Water Resources Control Board to, change, or remove any stnrcl
b. Standard for Parking Lots and material along the side of or
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3. Stop and inspect any vehicle shall be kept on file by the Enfo reasonably suspected of causing or Agency. A copy of the report :
contributing to an illegal discharge to the storm water conveyance system. provided to the owner andlor occi facility operator, or left at the Premi!
4. Conduct tests, analyses and Person is available. If corrective l evaluations to determine whether a required, then the occupant, facilit
discharge of storm water is an illegal and/or facility operator shall implc discharge or whether the requirements of plan of corrective action based this chapter are met. written plan of correction, submitte 5. Photograph any effluent Enforcement Agency, which sta
stream, material or waste, material or waste corrective actions to be taken
container, container label, vehicle, waste expected dates of completion. F
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 sh constitute a violation of this Chapter. adequate identification. Enfc
6. Review and obtain a copy of Officials and other authorized F the Storm Water Pollution Prevention Plan shall identify themselves when entc
prepared by a facility operator, if such a plan property for inspection purposes
is required of the facility. inspecting the work of any contractc
7. Require the facility operator to With the consent of the prop 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 authc
days. establish on any property that di
Review and obtain copies of all directly or indirectly to the municik storm water monitoring data compiled by the Water Conveyance System such dc
facility, if such monitoring is required of the are necessary to conduct Sam facility. metering operations. During all in
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 recordatioi
including but not limited to random sampling activities onsite.
and/or sampling in areas with evidence of storm water contamination, illegal 15.1 2.1 20 Containment, Clear
discharges, discharge of non-storm water to
the storm water system, or similar factors. It is unlawful for any Person ( occupying any Premises who has k
15.12.110 Inspection Procedures- of any release of Significant Qw
Additional Requirements. materials, Pollutants, or waste w
During the inspection, the Enforcement result in Pollutants or Non-Stor
Official shall comply with all reasonable discharges entering the City's St0
security, safety, and sanitation measures. In Conveyance System to not immedi
addition, the Enforcement Official shall all reasonable action to contain,
comply with reasonable precautionary and clean up such release. SUC measures specified by the owner and/or shall notify the City of Carlsba
occupant or facility operator. occurrence and/or County of S
prior to leaving the site, the Enforcement Services/Environmental Health
Official shall make every reasonable effort to Hazardous Materials Managemen
review with the owner and/or occupant or and any other appropriate agen
the facility operator each of the violations occurrence as soon as possible, b
noted by the Enforcement Official and any than 24 hours from the time of the
corrective actions that may be necessary. A occurrence.
report listing any violation found by the
Enforcement Official during the inspection
8.
Notification of Spills.
At the conclusion of the inspection, and Department of
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15.12.130 Testing, Monitoring or operator, to install or implemei Mitigation Required-When. Water pollution reduction or
A. The Enforcement Official may measures, including, but not lii require that any Person engaged in any process modification to redl
activity and/or owning or operating any generation of Pollutants or a pre facility which causes or contributes to Storm program approved by the Regior Water pollution or contamination, Illegal Quality Control Board and/or thc
Discharges, and/or discharge of Non-Storm Carlsbad if:
Water to the Storm Water Conveyance 1. The Person, or facilib
System perform monitoring, including operator fails to eliminate Illegal D
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 facilij
1. The Person, or facility owner or operator, fails to implement a Sta operator, fails to eliminate Illegal Discharges Pollution Prevention Plan, as requii
within a specified time after receiving a Enforcement Official.
written notice to do so by the Enforcement 3. The Enforcement 0
Official. documented repeated violations
2. The Enforcement Official has Chapter any such Person or facilitj 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 pollution. required pursuant to this Chi
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 Paragrz
analyses, and/or reports specified. Specific and C may be discontinued.
monitoring criteria shall bear a relationship E. A Storm Water monitorin!
to the types of Pollutants which may be prepared and implemented pursui generated by the Person's activities or the State-issued NPDES General PE
facility's operations. If the Enforcement be deemed to meet the requirerr
Agency has evidence that a Pollutant is monitoring program for the purpo:
the Enforcement Agency may require
monitoring for that Pollutant regardless of 1 5.12.1 40 Concealment
whether said Pollutant may be generated by Causing, permitting, aiding, i
routine activities or operations. The Person concealing a violation of any provi: 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 15.1 2.1 50 Administrative Eni 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
1. Routine visual monitoring for 1.08 of this Code. In addition to tl dry weather flows. enforcement powers provided ii 2. Routine visual monitoring for 1.08 of this Code, the Enforceme
spills which may pollute Storm Water runoff. and Enforcement Official have thl
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 find!
C. The Enforcement Official may discharge has taken place or is lik
require a Person, or facility owner or place in violation of this ChI
originating from a specific Premises, then Chapter.
3. A monitoring log including to utilize the following adr
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Enforcement Official may issue an order to investigation, inspection, or rn cease and desist such discharge, practice, surrey which led to the detectbi
or operation likely to cause such discharge such violation, for abatement costs and direct that those Persons not complying the reasonable costs of prepar
shall: bringing legal action under this sut 1. Comply with the applicable In addition to any other B
provisions and policies of this Chapter. procedures, the Enforcement Age
2. Comply with a time schedule utilize the lien procedures listed ir
3. Take appropriate remedial or liability. The violator may also be for compliance. 15,12.160,C.6 to enforce the
preventive action to prevent the violation
from recurring.
Whenever the Enforcement Official finds any
oil, earth, dirt, grass, weeds, dead trees, tin 15.1 2.1 60 Administrative Noticc
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 provide
upon any parcel of land or grounds, which any notice required to be giver
may result in an increase in Pollutants Enforcement Official under this cha
entering the City's Storm Water Conveyance be in writing and served in perst
System or a Non-Storm Water discharge to registered or certified mail. If serve(
the City's Storm Water Conveyance System, the notice shall be sent to the last
the Enforcement Official may issue orders known to the Enforcement Official
and give written notice to remove same in the address is unknown, service
any reasonable manner. The recipient of made upon the owner of recorc such notice shall undertake the activities as property involved. Such notice described in the notice. deemed to have been given at thc C. Storm Water Pollution Prevention deposit, postage prepaid, in z
Plan. The Enforcement Official shall have regularly serviced by the Unite the authority to establish elements of a Postal Service whether or not the r
Storm Water Pollution Prevention Plan, and or certified mail is accepted. to require any owner or occupier of any B. When the Enforcement
Premises to adopt and implement such a determines that a violation of one
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@) of record shall be serve
D. Employee Training Program. The Enforcement Official with a writte
Enforcement Official shall have the authority and Order. The Notice and Order s
to establish elements of an Employee the Municipal Code Section
Training Program, as may be necessary to describe how violated, the loca fulfill the purposes of this Chapter, where date(s) of the violation(s), and des
such a Program has been required as an corrective action required. The NI
element of a Storm Water Pollution Order shall require immediate (
action by the violator(s) or property E. Civil Penalties. Any Person who and explain which methoc
violates any of the provisions of this Chapter administrative enforcement are bein
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, andor establishm
. Pollution Prevention Plan as directed by the Employee Training Program. Tb 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 achieu
compensatory damages for impaim
or destruction to water quality, wilc
B. Notice to Clean and Abate. and aquatic life.
Prevention Pian.
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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 pen
identify all hearing rights. The Enforcement any. The decision shall be
reasonably necessary to abate the violation. decision. The Hearing Officer shz
within ten (10) days from the date the Notice Enforcement Official and all par and Order is issued, the Enforcement violators or owners of record. Official shall request the City Manager to 5. If the persons asses 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
thereof to the violator(s) or owner(s) of personal obligation of the person 3
record, at least ten (10) 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 viola
consider any written or oral evidence not corrected as directed the civ
presented to determine whether the continues to accrue on a daily ba
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 outstar should be required, and/or Civil Penalties penalties and provide an oppor
should be imposed, consistent with rules hearing if the amount(s) is dispul and procedures for the conduct of hearings ten (10) days from such notice. and rendering of decisions established and 6. The Enforcement off
promulgated by the City Manager. take all appropriate legal steps
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 co
may consider any of the following factors: a lien, the Enforcement Official sha a. Duration of the notice of lien to be filed with th
violation(s). Recorder, inform the County Au
b. Frequency or recurrence. County Recorder of the amour
c. Seriousness. obligation, a description of the res
d. History. upon which the lien is to be recov e. Violator’s conduct after the name of the agency to Y
issuance of the Notice and Order. obligation is to be paid. Upon p f. Good faith effort to full, the Enforcement Official st
comply. release of lien with the County Rec
g. Economic impact of the
penalty on the violator(s). 15.12.170 Judicial Enforcemer
h. Impact of the violation on A. Criminal Penalties. Any p
the community. violates any provision of this Chap
i. Any other factor which fails to implement a Storm Water I
justice may require. plan, violates any cease and desi!
3. If the violator(s) or owner(s) of Notice to Clean and Abate, or fail
record fail to attend the hearing, it shall or implement Storm Water
constitute a waiver of the right to a hearing Prevention Plans or Employes
and adjudication of all or any portion of the Programs as directed by the Er
Notice and Order. Official shall be punished, upon ( 4. The Hearing Officer shall by a fine not to exceed $1,000 foi
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 Co
of fact and conclusions of law, identifying the
Official may propose any enforcement action immediately unless otherwise state
C. If the violation(s) is not corrected the decision to be served
Enforcement Official shall give written notice the unpaid amount constitutes
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for a period not to exceed six (6) months, or caused or permitted to exist in vi(
both. any of the provisions of this Cha B. InjunctiodAbatement of Public threat to the public health, saf
Nuisance. Whenever a discharge into the welfare and is declared and deemec Storm Water Conveyance System is in nuisance, which may be summaril violation of the provisions of this Chapter or and/or restored as directed otherwise threatens to cause a condition of Enforcement Official in accordance
Enforcement Official may also cause the City action to abate, enjoin or otherwisc
to seek a petition to the Superior Court for the cessation of such nuisance ma
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 abaten
public nuisance, as may be appropriate in restoration shall be borne by the restraining the continuance of such the property and the cost thereof s
discharge. lien upon and against the prc
C. Other Civil Action. Whenever a accordance with the procedures se 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 15.12.190 Remedies Not Exclu!
Enforcement Official, initiate any appropriate Remedies set forth in this Ch
civil action in a court of competent not exclusive but are cumulative to
jurisdiction to enforce such Notice and Order civil and criminal penalties provide
and decision, including the recovery of any including, but not limited to,
unpaid Storm Drain Fees and/or civil provisions of the Federal Clean V penalties provided herein. and/or the State Porter-Colognc
Quality Control Act. The seeking
15.12.180 Violations Deemed a Public federal and/or state remedies :
Nuisance. preclude the simultaneous mmmc of proceedings pursuant to this Cha
contamination, pollution, or nuisance, the procedures identified in Chapter 6.1
In addition to the other civil and criminal
penalties provided herein, any condition
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EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its t
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and ca
be published at least once in a newspaper of general circulation in the City of Carisb:
fifteen (15) days after its adoption,
INTRODUCED AND FIRST READ at a regular meeting of said City Council he1
28th day of January , 1997, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit:
held on the 4th day of February , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT Council Member Kulchin
ATTEST
(SEAL)
l-b!QXLA.h, ALETHA L. RAUTENKRANZ, City Clerk \
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