HomeMy WebLinkAbout2015-06-09; City Council; 21995; Amend Titles 6 15, Compliance with National Pollutant Discharge Elimination System NPDES Permit RequirementsCITY OF CARLSBAD - AGENDA BILL 20
AB# 21,995 ORDINANCE TO AMEND THE CARLSBAD MUNICIPAL CODE
TITLES 6 AND 15 FOR COMPLIANCE WITH THE UPDATED
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MUNICIPAL PERMIT REQUIREMENTS
DEPT. DIRECTOR ff'^.'l
DATE: 06-09-2015
ORDINANCE TO AMEND THE CARLSBAD MUNICIPAL CODE
TITLES 6 AND 15 FOR COMPLIANCE WITH THE UPDATED
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MUNICIPAL PERMIT REQUIREMENTS
CITY ATTY.
DEPT. PW-PEM
ORDINANCE TO AMEND THE CARLSBAD MUNICIPAL CODE
TITLES 6 AND 15 FOR COMPLIANCE WITH THE UPDATED
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MUNICIPAL PERMIT REQUIREMENTS CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No. ^^'^^^ amending Title 06.08 of the Carlsbad Municipal Code, clarifying
definitions to ensure compliance of businesses with storm water protection requirements and to be
consistent with the updated San Diego Regional Water Quality Control Board National Pollutant
Discharge Elimination System Municipal Permit (Order No. R9-2013-0001).
Introduce Ordinance No. ^^-277 amending Title 15.04 ofthe Carlsbad Municipal Code, adjusting
and clarifying the definition of existing terms to comply with the requirements ofthe updated San Diego
Regional Water Quality Control Board National Pollutant Discharge Elimination System Municipal Permit
(Order No. R9-2013-0001).
CS-278 Introduce Ordinance No. amending Title 15.12 ofthe Carlsbad Municipal Code, modifying
and clarifying prohibited discharge^ related to non-storm water discharges to the storm water
conveyance system, and inclusion of new exemptions from discharge prohibitions to comply with the
updated San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination
System Municipal Permit (Order No. R9-2013-0001), and the addition ofthe Best Management Practices
Design Manual, which will replace the current Standard Urban Storm Water Mitigation Plan in the Fiscal
Year 2015-16.
ITEM EXPLANATION:
On June 27, 2013, the San Diego Regional Water Quality Control Board (SDRWQCB) adopted the National
Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2013-0001 (Permit).
The updated Permit applies to all 18 San Diego cities, the County of San Diego, the San Diego Unified Port
District, and the San Diego Regional Airport Authority. The areas of South Orange County and Riverside
County, also included in SDRWQCB's Region 9 jurisdiction, will be incorporated into this Permit upon
renewal of each expiring order.
The new Permit is a re-issuance ofthe previous NPDES Municipal Permit Order No. R9-2007-0001, issued
on Jan. 24, 2007. This Permit continues to implement many ofthe requirements ofthe previous order;
however, it is fundamentally centered on watershed-based program planning and program outcomes.
The Permit is designed to enable jurisdictions to prioritize and focus resources and efforts in various
DEPARTMENT CONTACT: Elaine Lukey 760-602-7582 elaine.lukey@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
ORDINANCE TO AMEND THE CMC FOR COMPLIANCE WITH NPDES PERMIT
June 9, 2015
Page 2 of 3
Several revisions to the Carlsbad Municipal Code are needed to bring it into compliance with the new
Permit, including modifications of definitions and inclusion of new requirements. The proposed major
revisions to the various Titles and Chapters ofthe Carlsbad Municipal Code are as described below.
Title 06 Health and Sanitation
Chapter 06.08 Solid Waste
1. Section 06.08.010 is being revised to include clarification of the definitions for "bin", "cart" and
"roll-off box" to ensure that these solid waste containment devices are capable of containing
all pollutants within them.
2. Section 06.08.010 is being revised to include a revision of the definition of "storm water" to
provide consistency with other Carlsbad Municipal Codes and the Permit.
Title 15 Grading and Drainage
Chapter 15.04 General Regulations
1. Section 15.04.020 is being revised to include revisions and clarification to definitions to reflect
language in the Permit.
Title 15 Grading and Drainage
Chapter 15.12 Storm Water Management and Discharge Control
1. Section 15.12.050 is being revised to include additional prohibited discharges as required by
the Permit. Specifically, this includes the prohibition of algaecides in pool or fountain
discharges and the discharge of saline swimming pool water to the storm water conveyance
system.
2. Section 15.12.055 is being revised to include and modify exemptions from discharge
prohibitions as required by the Permit.
3. Sections 15.12.080, 15.12.067, and 15.12.110 are being revised to add the title Best
Management Practices (BMP) Design Manual, which will replace the current Standard Urban
Storm Water Mitigation Plan (SUSMP) in December 2015, as required by the Permit.
FISCAL IMPACT:
Compliance with the proposed code revisions are not expected to result in any increases to the General
Fund or any other city revenue source at this time. The proposed code revisions are necessary to
implement programs that were anticipated prior to approval of the Fiscal Year 2015-16 budget. All
program costs associated with enforcement ofthe provisions included in the proposed code revisions are
anticipated to be accommodated by existing staff and/or budgeted expenses in the Fiscal Year 2015-16
budget. City staff will continually assess programs related to the storm water pollution prevention
program to evaluate future annual budgetary needs relative to new Permit requirements and request
additional resources in future years, if needed.
ORDINANCE TO AMEND THE CMC FOR COMPLIANCE WiTH NPDES PERMIT
June 9, 2015
Page 3 of 3
ENVIRONMENTAL IMPACT:
This action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section
15308. This section exempts activities taken by regulatory agencies, as authorized by state or local
ordinance, to assure the enhancement or protection ofthe environment.
EXHIBITS:
1. Ordinance No. CS-276, Amending Title 06.08 of the Carlsbad Municipal Code, clarifying definitions to
ensure compliance of businesses with storm water protection requirements and to be consistent with
the updated San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination
System Municipal Permit (Order No. R9-2013-0001).
2. Ordinance No. CS-277, Amending Title 15.04 ofthe Carlsbad Municipal Code, adjusting and clarifying
the definition of existing terms to comply with the requirements of the updated San Diego Regional
Water Quality Control Board National Pollutant Discharge Elimination System Municipal Permit (Order
No. R9-2013-0001).
3. Ordinance No. CS-278, Amending Title 15.12 of the Carlsbad Municipal Code, modifying and clarifying
prohibited discharges related to non-storm water discharges to the storm water conveyance system,
and inclusion of new exemptions from discharge prohibitions to comply with the updated San Diego
Regional Water Quality Control Board National Pollutant Discharge Elimination System Municipal
Permit (Order No. R9-2013-0001), and the addition ofthe Best Management Practices Design Manual,
which will replace the current Standard Urban Storm Water Mitigation Plan in the Fiscal Year 2015-16.
4. Carlsbad Municipal Code Title 06.08 Strikeout Revisions.
5. Carlsbad Municipal Code Title 15.04 Strikeout Revisions.
6. Carlsbad Municipal Code Title 15.12 Strikeout Revisions.
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EXHIBIT 1
ORDINANCE NO. CS-276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CAUFORNIA, TO AMEND TITLE 06.08 OF THE
CARLSBAD MUNICIPAL CODE, CLARIFYING DEFINITIONS TO
ENSURE COMPLIANCE OF BUSINESSES WITH STORM
WATER PROTECTION REQUIREMENTS AND TO BE
CONSISTENT WITH THE UPDATED SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT
(ORDER NO. R9-2013-0001). .
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 6, Section 6.08.010 (A) of the Carlsbad Municipal Code is
amended to read as follows:
1. "Bin" means a metal or rigid plastic container provided by the city or its franchisee
with a capacity of less than ten cubic yards, equipped with a lid, capable of containing all
pollutants within, and designed for mechanical pick-up by collection vehicles. ^
1 17. "Roll-off box" means a metal container with a capacity of ten or more cubic yards.
2 capable of containing all pollutants within, that is normally loaded onto a motor vehicle.
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20. "Storm water" means storm water runoff, snowmelt runoff and surface runoff and
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drainage. Surface runoff and drainage pertains to runoff and drainage resulting from
precipitation events. For the purposes of this chapter, storm water runoff and drainage
from areas that are in a natural state, have not been significantly disturbed or altered,
either directly or indirectly, as a result of human activity, and the character and type of
pollutants naturally appearing in the runoff have not been significantly altered, either
directly or indirectly, as a result of human activity, shall be considered "unpolluted" and
shall satisfy the definition of "storm water" in this chapter.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary ofthe ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 9th day of June 2015, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 2
ORDINANCE NO. CS-277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CAUFORNIA, TO AMEND TITLE 15.04 OF THE
CARLSBAD MUNICIPAL CODE, ADJUSTING AND CLARIFYING
THE DEFINITION OF EXISTING TERMS TO COMPLY WITH THE
REQUIREMENTS OF THE UPDATED SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT
DISCHARGE EUMINATION SYSTEM MUNICIPAL PERMIT
(ORDER NO. R9-2013-0001). .. .
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 15, Section 15.04.020 of the Carlsbad Municipal Code is
amended to read as follows:
B. "Best management practices (BMP)" means schedules of activities, prohibitions of
practices, maintenance procedures and other management practices to prevent or
reduce the pollution of waters ofthe United States, as defined in 40 CFR 122.2. BMPs
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plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
"Business Activity SWPPP" means a storm water pollution prevention plan prepared
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6 pursuant to the Industrial General Permit or pursuant to Section 15.12.080 of this
code for the purpose of (1) identifying and evaluating sources of pollutants
associated with business activities that may affect the quality of storm water
discharges and authorized non-storm water discharges from a facility; and (2)
identifying and implementing site-specific best management practices to reduce or
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authorized non-storm water discharges from a facility.
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N. "Industrial general permit" means NPDES General Permit for Storm Water Discharges
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Associated with Industrial Activities (Order No. 97-03-DWQ NPDES No. CASOOOOOl)
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17 issued by the State Water Resources Control Board, and any amendment, revision or
re-issuance thereof. The general industrial activity permit establishes a framework
for regulating the discharge of storm water runoff from certain industrial activities as
specified in the permit.
"Illicit connection" means any man-made conveyance or drainage system through
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may occur. Any connection to the MS4that conveys an illicit discharge..
Q. "Jurisdictional urban runoff mitigation plan (JURMP)" means a written description of
the specific jurisdictional runoff management measures and programs that each
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1 pollutant discharges in runoff are reduced to the MEP and do not cause or contribute
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6 features integrated with engineered, small-scale hydrologic controls to more closely
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to a violation of water quality standards.
"Low impact development (UD)" means a storm water management and land
development strategy that emphasizes conservation and the use of on-site natural
reflect pre-development hydrologic functions.
"Non-storm water discharge" means all discharges to and from a MS4 that do not
originate from precipitation events (i.e., all discharges from a MS4 other than storm
water). Non-storm water includes illicit discharges and NPDES permitted discharges.
12 Z. "Pollutant" means any agent that may cause or contribute to the degradation of
water quality such that a condition of pollution or contamination is created or
aggravated.
DD. "Receiving waters" means Waters of the United States. These are surface bodies of
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conveyance system, including Encinas Creek, San Marcos Creek, Batiquitos Lagoon,
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EE. "Rainy season aka Wet Season" means October 1 to April 30.
Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista Lagoon and their tributary
creeks, reservoirs, lakes, estuaries, and the Pacific Ocean.
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23 GG. "Storm water" means, per 40 CFR 122.26(b)(13), storm water runoff, snowmelt
runoff and surface runoff and drainage. Surface runoff and drainage pertains to
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runoff and drainage resulting from precipitation events.
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2^ LL "Treatment control best management practice (TCBMP)" means any engineered
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pollutants, filtration, biological uptake, media absorption or any other physical,
biological, or chemical process.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary ofthe ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 9th day of June 2015, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGAUTY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 3
ORDINANCE NO. CS-278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AMEND TITLE 15.12 OF THE
CARLSBAD MUNICIPAL CODE, MODIFYING AND CLARIFYING
PROHIBITED DISCHARGES RELATED TO NON-STORM WATER
DISCHARGES TO THE STORM WATER CONVEYANCE SYSTEM,
AND INCLUSION OF NEW EXEMPTIONS FROM DISCHARGE
PROHIBITIONS TO COMPLY WITH THE UPDATED SAN DIEGO
REGIONAL WATER QUAUTY CONTROL BOARD NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL
PERMIT (ORDER NO. R9-2013-0001), AND THE ADDITION OF
THE BEST MANAGEMENT PRACTICES DESIGN MANUAL, WHICH
WILL REPLACE THE CURRENT STANDARD URBAN STORM
WATER MITIGATION PLAN IN THE FISCAL YEAR 2015-16.
WHEREAS, on May 27, 2013, the San Diego Regional Water Quality Control Board
adopted the National Pollutant Discharge Elimination System Permit and Waste Discharge
Requirements for Discharges from the Municipal Separate Storm Sewer Systems Draining
the Watersheds within the San Diego Region, Order No. R9-2013-0001, (herein called
"Permit"); and
WHEREAS, the permit requires the city to establish, maintain and enforce adequate
legal authority within its jurisdiction to control pollutant discharges into and from its
municipal separate storm sewer system; and
WHEREAS, the City Council desires to protect the city's natural resources, including
our creeks, lagoons and beaches from any adverse effects resulting from the discharge of
pollutants into our Municipal Separate Storm Sewer Systems.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Title 15, Section 15.12.050 of the Carlsbad Municipal Code is
amended to read as follows:
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G. Discharges of pool or fountain water containing chlorine, algaecides, biocides, or
other chemicals; discharges of pool or fountain filter backwash water;
H. Discharges of saline swimming pool water unless such discharge can be discharged
via a pipe or concrete channel directly to a naturally saline water body (e.g.. Pacific
Ocean);
I. Discharges of sediment, pet waste, vegetation clippings, or other landscape or
construction-related wastes; and
J. Discharges of food-related wastes (e.g., grease, fish processing, and restaurant
kitchen mat and trash bin wash water, etc.).
3. That Title 15, Section 15.12.055 of the Carlsbad Municipal Code is
amended to read as follows:
B. Non-storm water discharges to the MS4 from the following categories of non-storm
water discharges are allowed if the discharger obtains coverage under NPDES Permit
No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent order) and the
discharger is in compliance with all requirements ofthe applicable NPDES permit and
all other applicable laws and regulations; or the RWQCB determines in writing that
coverage under NPDES Permit No. CAG919002 is not required. Otherwise, non-storm
water discharges from the following categories are illicit discharges:
1. Discharges from uncontaminated pumped groundwater;
2. Discharges from foundation drains when the system is designed to be located at
or below the groundwater table to actively or passively extract groundwater
during any part of the year;
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3. Discharges from crawl space pumps;
4. Discharges from footing drains when the system is designed to be located at or
below the groundwater table to actively or passively extract groundwater during
any part ofthe year.
C. Non-storm water discharges to the MS4 from water line flushing and water main
breaks are allowed if the discharges have coverage under NPDES Permit No.
CAG679001 (Regional Water Quality Control Board Order No. R9-2010-0003, or
subsequent order), and the discharger is in compliance with all requirements of that
NPDES permit and other applicable laws and regulations. This category includes
water line flushing and water main break discharges from water purveyors issued a
water supply permit by the California Department of Public Health or federal military
installations. Discharges from recycled or reclaimed water lines to the MS4 are
allowed if the discharges have coverage under an NPDES permit, and the discharger
is in compliance with the applicable NPDES permit and other applicable laws and
regulations. Otherwise, discharges from water lines are illicit discharges.
D. Non-storm water discharges to the MS4 from the following categories are allowed,
unless the enforcement official or the Regional Water Quality Control Board
identifies the discharge as a source of pollutants to receiving waters, in which case
the discharge is considered an illicit discharge:
1. Discharges from diverted stream flows;
2. Discharges from rising groundwater;
3. Discharges from uncontaminated groundwater infiltration to the MS4;
5. Discharges from riparian habitats and wetlands;
section;
7. Discharges from foundation drains when the system is designed to be located
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to produce non-storm water discharges under unusual circumstances.
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E. Non-storm water discharges from the following categories are allowed if they are
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^^ categories are illicit discharges:
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1. Air conditioning condensation;
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28 Control Board, or U.S. Environmental Protection Agency determines in writing are
3. Flows from non-emergency fire fighting activities; and
F. The prohibition of discharges shall not apply to any discharge which the enforcement
official, the county health officer, the state or San Diego Regional Water Quality
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necessary forthe protection ofthe environment, water quality, and public health and
safety.
4. That Title 15, Section 15.12.080 of the Carlsbad Municipal Code is
amended to read as follows:
I. Storm Water Management Plan (SWMP). Any project issued a development permit
shall comply with all applicable best management practices and low impact
development (UD) requirements ofthe municipal code, standard urban storm water
mitigation plan (SUSMP) or BMP Design Manual, city standards and this code
including but not limited to the following:
1. All development permit applications for priority development projects shall be
accompanied by a SWMP prepared pursuant to the SUSMP or BMP Design
Manual. No development permit shall be approved or issued unless the
following requirements have been met:
a. The city engineer has approved the SWMP in accordance with the SUSMP or
BMP Design Manual; and
b. The development project complies with all best management practices
specified in the approved SWMP.
2. No development permit shall be issued for a priority development project
without ensuring that all structural treatment control best management
practices, as specified in the approved SWMP, will be maintained in compliance
with the requirements ofthe municipal permit, JRMP and SUSMP or BMP Design
Manual. To ensure maintenance of the structural treatment control best
1 management practices, the owner of the development site shall enter into a
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permanent storm water quality best management practices maintenance
agreement or provide an alternate maintenance mechanism as approved by the
enforcement official.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary ofthe ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 9th day of June 2015, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of.
AYES:
NOES:
ABSENT:
_, 2015, by the following vote, to wit:
APPROVED AS TO FORM AND LEGALITY:
CEUA A. BREWER, City Attorney
MATT HALL, Mayor ;
ATTEST:
BARBARA ENGLESON, City Clerk
EXHIBIT 4
Draft Chapter 6.08 Strikeout Version
Chapter 6.08 - SOLID WASTE
Sections:
FOOTNOTE(S):
... (1)...
Editor's note— Ord. No. CS-183, adopted IVlay 22, 2012, repealed Ch. 6.08 and enacted a new chapter
as set out herein. The former Ch. 6.08, §§ 6.08.010—6.08.220, pertained to similar subject matter and
derived from Ord. No. NS-427 § 2 (part), 1997; and Ord. No. NS-625 §§ 2—5, 2002.
6.08.010 - Definitions.
A. For purposes of this chapter the following words and phrases shall have the meanings respectively
ascribed to them by this section, unless it is obvious from the context that another meaning is intended:
1. "Bin" means a metal or rigid plastic container provided by the city or its franchisee with a capacity
of less than ten cubic yards, equipped with a lid, capable of containing all pollutants within, and
designed for mechanical pick-up by collection vehicles.
2. "Bulky waste" means solid waste that cannot and/or would not typically be accommodated within
a cart, such as furniture and appliances. Bulky waste does not include exempt waste.
3. "Cart" means a plastic container provided by the city or its franchisee with a hinged lid and wheels
serviced by an automated truck, capable of containing all pollutants within, with a capacity of no
less than thirty and no greater than one hundred one gallons.
4. "City" or "City of Carlsbad" means the incorporated territory of the City of Carlsbad.
5. "Commercial solid waste" means solid waste originating from stores, offices and other commercial
sources, but does not include construction or demolition waste.
6. "Compost" means the product resulting from the controlled biological decomposition of organic
wastes that are source separated from the municipal solid waste stream, or which are separated
at a centralized facility.
7. "Construction and demolition waste" means solid waste generated at a premises that is directly
related to construction, remodeling, repair or demolition activities occurring thereon.
8. "Container" means collectively the carts, bins or roll-off box furnished by the city or franchisee
used for storage of solid waste, recyclables and green waste prior to collection.
9 "Director" means the city's utilities director or his/her designee, or other city department director
as designated by the city manager.
10. "Exempt waste" means biohazardous or biomedical waste hazardous waste, sludge, designated
waste, stable matter, waste tires, liquid wastes, green waste or lumber that is more than four feet
in iength in its longest dimension or two feet in diameter automobiles, automobile parts, boats,
boat parts, trailers, internal combustion engines, lead-acid batteries, and those wastes under the
control ofthe nuclear regulatory commission.
11. "Franchisee" means any person, persons firm or corporation to whom a franchise has been
granted by the city for the collection, processing, recycling and disposal of solid waste.
12. "Green waste" means any vegetative matter resulting from normal yard and landscaping
maintenance that is not more than four feet in its longest dimension or six inches in diameter.
Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds, branches,
brush, holiday trees, and other forms of organic waste that is generated at the premises wherein
the green waste is collected. Green waste does not include materials not normally produced from
Page 1
gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod,
non-organic wastes, oil, and painted or treated wood products.
13. "Person" includes any person, firm, association, organization, partnership, business trust, joint
venture, corporation, or company and includes the United States, the State of California, the
County of San Diego, the City of Carlsbad, cities, districts, and any officer or agency thereof.
14. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage, medical
waste, wrecked or discarded equipment, radioactive rriaterials, dredged spoil, rock, sand,
sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant
under 40 CFR 122.2 whose presence degrades the quality ofthe receiving waters in violation of
basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus,
enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total
organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols,
fertilizers, pesticides, herbicides and other biocides. A pollutant also includes any contaminant
which degrades the quality ofthe receiving waters in violation of basin plan and California ocean
plan standards by altering any of the following parameters: pH, total suspended and settleable
solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients,
temperature, and other narrative standards of the basin plan.
15. "Recyclable materials" means those materials that are recyclable and/or reusable. Recyclable
materials include: newsprint (including inserts); mixed paper (including magazines, catalogs,
envelopes, junk mail, corrugated cardboard, Kraft brown bags and paper, paperboard, paper egg
cartons, office ledger paper, and telephone books); g^ass containers; aluminum beverage
containers; small scrap and cast aluminum (not exceeding ten pounds in weight nor two feet in
any dimension for any single item); steel including "tin" cans and small scrap (not exceeding ten
pounds in weight nor two feet in any dimension for any single item); bimetal containers; mixed
plastics including, but not limited to, plastic containers (1—7), and bottles including containers
made of HDPE, LDPE, PET, or PVC; and aseptic containers. Polystyrene peanuts and film
plastic, including plastic bags are specifically excluded frcn collection and processing.
16. "Solid waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid
wastes, including refuse, construction and demolition waste, bulky waste, recyclable materials,
and green waste, food waste, or any combination thereof .vhich are permitted to be disposed of
in a class III landfill, and which are included in the definition of "non-hazardous solid waste" set
forth in the California Code of Regulations. Solid waste dees not include exempt waste.
17. "Roll-off box" means a metal container with a capacity c'' ten or more cubic yards, capable of
containing all pollutants within, that is normally loaded onto a motor vehicle.
18. "Solid waste facility" means a solid waste transfer or processing station, a composting facility, a
transformation facility, or a disposal facility as approved b the city.
19. "Solid waste service" means the collection, transport and disposal of solid waste and recyclable
materials, including green waste.
20. "Storm water" means storm water runoff, snowmelt runoff and surface runoff and drainage.
sSurface runoff and drainage associated with storm events that flows across a surface to the
storm water conveyance system or receiving waterspertains to runoff and drainage resulting from
precipitation events. Forthe purposes of this chapter, storr water runoff and drainage from areas
that are in a natural state, have not been significantly disturbed or altered, either directly or
indirectly, as a result of human activity, and the character and type of pollutants naturally
appearing in the runoff have not been significantly altered either directly or indirectly, as a result
of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water"
in this chapter.
21. "Storm water conveyance system" means private, natural and publicly owned facilities within the
City of Carisbad by which storm water may be conveyed tc receiving waters of the United States,
including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes,
natural and man-made channels or storm drains.
Page 2 IP
B. Any term that is defined by Division 30 (Waste Management) of the California Public Resources Code
(commencing with Section 4000) that is used but not othenA/ise defined in this chapter shall have the
meaning established by the Public Resources Code, to the extent meaning is not inconsistent with the
context ofthe usage in this chapter and does not conflict with the approved franchise.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.020 - Required solid waste/recyclable materials/green waste handling.
A. Every person in possession, charge or control of any place or premises in the city in, upon, or from
which solid waste, recyclable materials, or green waste are created, produced or accumulated shall:
1. Dispose of such solid waste through the regular solid waste sen/ice of the city or its franchisee;
and
2. First segregate from solid waste and dispose of recyclable materials and green waste in recycling
and green waste containers, as appropriate; and
3. Pay therefor the fee or fees hereinafter established.
B. The collection of solid waste shall occur at least once per week.
C. Exceptions.
1. If the franchisee is unable to reasonably provide service to the premises, the property owner shall
make arrangements to dispose of his/her/its own solid waste, recyclable materials, and green
waste at a solid waste facility.
2. Nothing in this chapter limits the right of any person to donate, sell, or othenvise dispose of
his/her/its recyclable materials prior to placing said recyclable materials in recyclable containers.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.030 - Containers generally.
A. No person shall deposit, keep or accumulate any solid waste in or upon any public or private premises
unless enclosed in containers. Such containers shall be provided by the franchisee. The containers
will remain the property of the franchisee. Every person occupying or having control of any such
premises shall insure that a sufficient number of containers a'e available to properly store all solid
waste generated at said premises.
B. No person shall deposit, keep or accumulate any recyclable materials in or upon any public or private
premises unless enclosed within a recyclable container.
C. Such containers shall be kept in the rear or on the side of the oremises or in designated enclosures,
except as provided in Section 6.08.080, or as approved by the director.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.040 - Cleanliness of solid waste containers.
No person shall allow grease or decomposing material to accumulate in the interior or on the exterior
of a solid waste container. No person shall allow water or other liquids to accumulate in the bottom of a
solid waste container in excess of a depth of one inch.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.045 - Cleanliness of solid waste container areas or enclosures.
No person shall allow pollutants or liquids to accumulate around or on solid waste enclosures or around
and/or under solid waste containers such that storm water will carry :hese pollutants or liquids to the storm
water conveyance system.
(Ord. No. CS-183, § 2, 5-22-2012)
Page 3
6.08.050 - Solid waste containers to be kept covered.
No person shall permit a solid waste container to remain uncovered or open, or in such condition that
flies or vermin may obtain access thereto, except when necessary to place solid waste therein or remove
solid waste therefrom, and when the cover is removed therefrom for such purposes it shall be immediately
replaced.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.060 - Residential solid waste carts—Maximum weight.
Residential solid waste carts, when placed for collection, shall not be at a weight greater than the cart
manufacturer's recommended maximum weight.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.070 - Maximum residential collection.
Solid waste, recyclable materials and green waste, when placed for collection, shall fit entirely within
the confines ofthe carts with lids securely shut. The franchisee shall not be obligated to collect solid waste,
recyclable materials or green waste that is placed outside of said carts. Households requiring additional
sen/ice shall arrange for special collection.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.080 - Placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts from single-family residential units shall be
placed in the street with the wheels against the curb, or if no such curb exists, within the gutter of the public
street; in the event that the solid waste, recyclable materials and green waste are to be collected from a
public alley, the carts shall be placed within five feet ofthe edge ofthe right-of-way of such alley. Carts shall
be positioned with handles facing away from the street or right-of-v/ay. Carts must be placed at least two
feet away from obstacles such as trees, vehicles and mailboxes, one foot away from other carts, and clear
from any overhead obstructions such as tree limbs.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.090 - Timing of placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts must be placed for collection between the
hours of 6:00 p.m. on the day prior to collection and 6:00 a.m. c^ the day of collection. Carts shall be
removed no later than 12:00 a.m. ofthe day of collection.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.100 - Unlawful placement of solid waste.
No person shall deposit or place any solid waste anywhere other than in an approved solid waste
container under his or her control. Further, no person shall abandon, store, bury, and/or burn solid waste
on public or private premises, with or without the property owner's permission, except at an authorized solid
waste facility.
(Ord. No. CS-183, § 2. 5-22-2012)
6.08.110 - Unhindered access to containers.
It is unlawful for any person within the city to hinder access of the franchisee to the solid waste,
recyclable materials or green waste containers.
(Ord. No. CS-183, § 2, 5-22-2012)
Page 4
6.08.120 - Special collection service.
The franchisee shall provide for the collection of any solid waste, recyclable material or green waste
which requires special collection. If the special service is not identified in the city's contract with the
franchisee, the franchisee shall provide the service at a rate mutually agreed upon by the customer and the
franchisee. Customers shall contract the city's franchisee to arrange for such services.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.130 - Bulky waste collection.
Bulky waste shall be discarded or recycled through special collection service.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.140 - Shared service allowed.
Multiple tenants within a single building or complex may be allowed to share bin service. Customers
utilizing carts shall not be allowed to share service, except at the sole discretion ofthe director.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.150 - Multiple tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize bin service or individual cart service at
the discretion of the owner or property manager. Multiple tenant residential complexes utilizing individual
cart service shall be charged the single-family fee per each unit.
(Ord. No. CS-183. § 2, 5-22-2012)
6.08.150 - Hauling solid waste.
A. All solid waste, after collection, shall be removed and transported to a solid waste facility.
B. No person shall haul, carry or transport any solid waste through the city or along or over any public
street or public place in the city except in water-tight vehicles so that the contents thereof are not
offensive. Such vehicles shall be so loaded and operated that none of their contents falls or spills
therefrom, and every vehicle used for such purposes shall be kept in a clean and sanitary condition.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.170 - Unauthorized collection (scavenging).
It is unlawful for any person, other than an employee of the fra nchisee or an employee of the city to
collect, remove, or dispose of solid waste (including recyclable me erials) in the city; provided, however,
that nothing contained herein shall prevent the use of garbage dis :osal devices as regulated by the city
plumbing code.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.180-Contracts.
The city may enter into a contract or contracts under such terms or conditions as may be agreed upon
and as may be seen fit by the city for the collection and disposal o solid waste, recyclable materials and
green waste within the city. No person shall engage in the business o' providing solid waste services, except
as provided in Section 6.08.020(C), within the city without having a valid solid waste services contract with
the city.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.190 - Rate and fees for service.
Page 5
1^
The rates and fees to be paid for regular (excluding Section 6.08.120) solid waste sen/ices rendered
shall be those rates and fees as established from time to time by resolution ofthe city council.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.200 - Payment of fees.
It is unlawful for any person having solid waste collected and disposed of as herein provided, to wilfully
fail, neglect, or refuse after demand by the city, or its duly authorized agent or employee, to pay the fees
herein prescribed for services. The city and/or franchisee may see-: payment for delinquent accounts by
any legal means available. In addition to all other remedies available by law or established by this chapter,
failure to pay after delinquency may result in suspension of service.
(Ord. No. CS-183, § 2, 5-22-2012)
6.08.210 - Liability for payment.
The obligation to pay solid waste services fees is upon the lagal owner or owners of the property
served. Nothing in this section, however, shall prevent an arrangement under which payments for solid
waste services are made by a tenant c tenants, or any agent, on behalf of the owner, provided any such
arrangement shall not affect the owner's obligation for payment of S!jch fees.
vlo. CS-183, §2, 5-22-2012)
6.08.220- Enforcement.
The director shall be responsible for the enforcement of all prov sions of this chapter. Failure to comply
with these regulations shall be an infraction. Nothing in these regula ons shall prevent the city's authorized
agents or deputies from efforts to obtain compliance by way of wc rning, notice of violation, educational
means or other civil or administrative remedies available under this code or other applicable law.
(Ord. No, CS-183, § 2, 5-22-2012)
6.08.230 - Savings clause.
All code provisions, ordinances, and parts of ordinances in corflict with the provisions of this chapter
are repealed. The provisions of this chapter, insofar as they are si bstantially the same as existing code
provisions relating to the same subject matter shall be construed as r astatements and continuations thereof
and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or
appeals taken, prior to the effective date of the ordinance codified in this chapter, under any chapter,
ordinance, or part of an ordinance hereby othenwise repealed, all provisions of such chapter, ordinance, or
part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit,
action, or other proceedings, with respect to any such violation, righ;, liability or appeal.
(Ord. No. CS-183, § 2, 5-22-2012)
Page 6
EXHIBITS
Draft Chapter 15.04 Strikeout Version
Chapter 15.04 - GENERAL REGULATIONS
Sections:
15.04.010-Title.
This title shall be known as the "Grading and Drainage Ordinances."
(Ord. NS-879 § 1 (part), 2008)
15.04.020- Definitions.
Forthe purpose of this title, the following words, terms or phrases shall be construed as defined in this
section:
A. "Basin plan" means the Water Quality Control Plan for the San Diego Region (July 1975) and
approved by the State Water Resources Control Board, together with subsequent amendments.
B. "Best management practices (BMP)" means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the United States, as defined in 40 CFR 122,2, BMPs also include treatment
reguirements. operating procedures and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage, schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention and
educational practices, employee training programs, maintenance procedures, and other
management practices to prevent or reduce to the maximum extent practicable the discharge of
pollutants directly or indirectly to storm water conveyance system and/or receiving waters. Best
management practices also include treatment requirements, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials
storage. Best management practices also include the use of structural treatment controls
designed to remove pollutants from storm water runoff.
C. "Building permit" means a permit required by and issued pursuant to Chapter 18.04 of this code.
D. "Building footprint" means the gross floor area of a structure measured at the ground level
elevation within the confines ofthe exterior wall surfaces.
E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared pursuant to
the General Industrial General Aetivitv-Permit or pursuant to Section 15.12.080 of this code for
the purpose of (1) identifying and evaluating sources of pollutants associated with business
activities that may affect the quality of storm water discharges and authorized non-storm water
discharges from a facility; and (2) identifying and implementing site-specific best management
practices to reduce or prevent pollutants associated with business activities in storm water
discharges and authorized non-storm water discharges frcm a facility.
F. "California ocean plan" means the California Ocean Plan: Water Quality Control Plan for Ocean
Waters of California adopted by the State Water Resources Control Board effective February 14,
2006, and any subsequent amendment, revision or re-isseance thereof,
G. "City standards" means the standards used for the design and construction of public and private
improvements in Carisbad, including grading improvemerts and storm water best management
practices, as contained in the latest edition of the "City of Carisbad City Standards" as
promulgated by the city engineer.
H. "Construction SWPPP" means a storm water pollution prevention plan prepared pursuant to the
general construction permit, Sections 11.16.090, 15.12.080, 15.16.085 and 18.48.040 of this
code and, city standards for the purpose of (1) identifying and evaluating sources of pollutants
associated with construction activities that may affect the quality of storm water discharges and
Page 1
authorized non-storm water discharges from a construction site; and (2) identifying and
implementing site-specific best management practices to reduce or prevent pollutants associated
with construction activities in storm water discharges and authorized non-storm water discharges
from a construction site.
I. "Development" means:
1. The placement or erection of any solid material or structure on land, in water, or under water;
2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal
waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited to, a
subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.)
and any other division of land, including lot splits, except where the division of land is brought
about in connection with the purchase of such land by a public agency for public recreational
use;
5. A change in the intensity of the use of water, or of access to water;
6. The construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal entity; and
7. The removal or han/esting of major vegetation other than for agricultural purposes. As used
in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume,
conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution
line. (Source: Government Code Section 65927).
J. "Development permit" means any permit approval or entitlement issued pursuant to Titles 11,15,
18, 20 or 21 of this code.
K. "Development project" means any new development o redevelopment with land disturbing
activities, structural development, including construction c- installation of a building or structure,
the creation of impervious surfaces, public agency projects and land subdivision.
L. "Drainage master plan" means the report entitled City of Carisbad Drainage Master Plan, dated
July 2008, and any supplements, amendments, revisions or modifications made thereto as may
be approved by city council resolution.
M. "General construction permit" means NPDES General Permit for Storm Water Discharges
Associated with Construction Activity (Water Quality Order No. 99-08-DWQ, NPDES No.
CAS000002) issued by the State Water Resources Centre' Board, and any amendment, revision
or re-issuance thereof. The general construction permit establishes a framework for regulating
the discharge of storm water runoff from construction activities as specified in the permit.
N. "General industrial activity general permit" means NPDES General Permit for Storm Water
Discharges Associated with Industrial Activities (Order No. 97-03-DWQ, NPDES No.
CASOOOOOl) issued by the State Water Resources Control Board, and any amendment, revision
or re-issuance thereof. The general industrial activity permit establishes a framework for
regulating the discharge of storm water runoff from certair industrial activities as specified in the
permit.
O. "General linear utility permit" means NPDES General Permit for Storm Water Discharges
Associated with Construction Activity from Snnall Linear Underground/Overhead Projects, Water
Quality Order No. 2003-0007 issued by the State Wate Resources Control Board, and any
amendment, revision or re-issuance thereof. The general linear utility permit establishes a
framework for regulating the discharge of storm water runoff from small linear underground or
overhead utility projects as specified in the permit.
P. "Illicit connection" means anv man-made convevance or drainage system through which a non-
storm water discharge to the storm water drainage system occurs or mav occur. Anv connection
Page 2
to the MS4 that conveys an illicit discharge, anv physical connection (pipe, facility, or other device)
to the storm water conveyance system permitted or unpermitted by the city of Carisbad, which
drains illegal discharges either directly or indirectly into a stomi water conveyance system.
Q. "Jurisdictional urban runoff mitigation plan (JURMP)" means a written description of the specific
iurisdictional runoff management measures and programs that each Copermittee will implement
to comply with this Order and ensure that storm water pollutant discharges in runoff are reduced
to the MEP and do not cause or contribute to a violation of water gualitv standards.a-plarvr
prepared pursuant to municipal permit, to:
—Ensure that discharges from municipal separate storm water sewer system do not cause or
contribute to degradation of water quality;
2r.—Effectively prohibit urban discharges of illicit connections to the municipal separate storm water
sewer system; and
^.—Reduce the discharge of pollutants from municipal separate storm water sewer system to the
maximum extent practicable. When used in the Carlsbad Municipal Code, this refers to the
JURMP adopted by the city of Carisbad.
R. "Landscape manual" means the "landscape manual" adopted by city council resolution which
co.ntains the policies and requirements for the design, consiruction and maintenance of landscape
and irrigation systems constructed pursuant to a city development approval.
S. "Low impact design development (LID)" means a- storm water management and land
development strategy that emphasizes conservation and the use of on-site natural features
integrated with engineered, small-scale hydrologic controls to more closely reflect pre-
development hydrologic functions.a storm water management and land development strategy
that emphasizes conservation and the use of on site natural features integrated with engineered
small scale hydrologic controls to more closely reflect pre development hydrologic functions.
T. "Maximum extent practicable (MEP)" means, with respect vo best management practices (BMPs),
an individual BMP or group of BMPs which reduces or eliminates the discharge of a pollutant of
concern, which have a cost of implementation reasonably related to the pollution control benefits
achieved, and which are technologically feasible.
U. "Municipal permit" means California Regional Water Quality Control Board San Diego Region
Order No. R9-2007-0001, NPDES No. CAS0108758 Waste Discharge Requirements for
Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining
the Watersheds ofthe County of San Diego County, the San Diego Unified Port District, and the
San Diego County Regional Airport Authority (Municipal :-ermit), and any amendment, revision
or re-issuance thereof.
V. "National Poilution Discharge Elimination System (NPDES) Permit" refers to a permit issued by
the San Diego Regional Water Quality Control Board or the State Water Resources Control Board
pursuant to Chapter 5.5, Division 7 ofthe California Water Code, to control discharges from point
sources to wate s ofthe United States, including, but not! mited to:
1, Municipal permit;
2, General industrial activity permit;
3, General construction permit;
4, General linear utility permit; and
5, California .-Regional Water Quality Control Board, San Diego Region, General De-Watering
Permits (Order Numbers 91-10 and 90-31) and any amendment, revision or re-issuance
thereof.
W. "National Pollution Discharge Elimination System (NPDES) general permit" means a permit
issued by the State Water Resources Control Board which establishes a framework for regulating
Page 3
the discharge of storm water runoff for certain broad classes of activities, including, but not limited
to:
1, General construction permit;
2, General industrial activity permit; and
3, General linear utility permit.
X. "Non-storm water discharge" means all discharges to and from a MS4 that do not originate from
precipitation events (i.e.. all discharges from a MS4 other than storm water). Non-storm water
includes illicit discharges and NPDES permitted discharges, any discharge to the storm water
convoyanco system that is not entirely composed of storm water.
Y. "Occupancy permit" means a permit required or issued pursuant to Chapter 21.60 of this code.
Z. "Pollutant" means any agent that may cause or contribute to the degradation of water Quality such
that a condition of pollution or contamination is created or aggravated.and includes, but is not
limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment,
radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial waste, and any organic
or inorganic substance defined ao a pollutant under 'IO C.F.R. 122.2 whoso prosonco degrades
the quality of the receiving waters in violation of the basin plan and California ocean plan
standards such as focal coliform, fecal stroptococcus, onteroooccus, volatile organic carbon,
surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper,
chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and
other biocides. A pollutant also includes any contaminant which degrades the quality of the
receiving waters in violation ofthe basin plan and California ocean plan standards by altering any
of the following parameters: pH, total suspended and settleable solids, biochemical oxygon
demand (BOD), chemical oxygon demand (COD), nutrients, temperature and other narrative
standards ofthe basin plan.
AA. "Planned local drainage facility" means any storm drainage facility, flood control facility or water
quality enhancement facility identified in the drainage masier plan including drainage easements,
storm drain pipes, inlet structures, outlet structure, sedimentation and de-pollutant basins, drop
structures, rip rap, junction structures, environmental mitigation measures, water quality
monitoring and testing equipment and other improvements necessary to convey, contain or
enhance the quality of storm water discharge,
BB. "Planned local drainage area (PLDA)" means one of four erainage areas within the city identified
within the drainage master plan. Separate planned local drainage area (PLDA) fees are
established for each of the four drainage areas and were calculated to be equal to or less than
the cost of the planned local facility drainage improvemen s within each respective PLDA.
CC. "Priority development project" means new development and redevelopment project categories
listed in section D.1.d(2) ofthe municipal permit.
DD. "Receiving waters" means Waters ofthe United States. These are surface bodies of water which
serve as receiving points for discharges from the storm water conveyance system, including
Encinas Creek, San Marcos Creek, Batiquitos Lagoon, Agea Hedionda Lagoon, San Elijo Lagoon
and Buena Vista Lagoon and their tributary creeks, reser/oirs, lakes, estuaries, and the Pacific
Ocean.
EE, "Rainy season aka Wet Season" means October 1 to April 30the period of time between October
1 of any year and April 30 of the following year during which the likelihood of rainfall is greater
than at other times of the year..
FF. "Standard urban storm water management plan (SUSMPV means a plan, prepared pursuant to
the municipal permit, to reduce pollutants and runoff ^' ows from all new development and
significant redevelopment projects that fall under priority oroject categories. When used in the
Carisbad Municipal Code, this refers to the SUSMP prepa ed by the City of Carisbad.
Page 4
GG. "Storm water" means. p-er40 CFR 122.26(b)(13), storm water runoff, snowmelt runoff and surface
runoff and drainage. Surface runoff and drainage pertains to runoff and drainage resulting from
precipitation events, surface runoff and drainage associated with storm events and snow melt
that flows across a surface to the storm water conveyance system or receiving waters. For the
purposes of this chapter, storm water runoff and drainage from areas that are in a natural state,
have not been significantly disturbed or altered, either directly or indirectly, as a result of human
activity, and the character and type of pollutants naturally appearing in the runoff have not been
significantly altered, either directly or indirectly, as a result of human activity, shall be considered
"unpolluted" and shall satisfy the definition of "storm water" in this chapter.
HH. "Storm water standards questionnaire" means the question naire form, as specified in the SUSMP,
filled out and signed by the responsible party submitting an application for a development permit,
and used by the city to determine if the development project is required to comply with standard
or priority project storm water requirements.
II. "Storm water conveyance system" means private and puolic drainage facilities by which storm
water may be conveyed to receiving waters, such as natural drainages, ditches, roads, streets,
constructed channels, aqueducts, storm drains, pipes, culverts, street gutters or catch basins.
JJ. "Storm water management plan (SWMP)" means a storm: water management plan prepared in
accordance with the SUSMP which describes TCBMPs to be constructed on a development site.
A storm water management plan also includes recommended maintenance activities and
schedules of maintenance for any structural treatment controls included in the plan.
KK. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on-site
program activities and structural treatment control measures to eliminate or reduce to the
maximum extent practicable pollutant discharges to tne storm water conveyance system
primarily through the application and use of best management practices, A SWPPP is prepared
in accordance Vwith the requirements of a NPDES general nermit and/or city standards.
LL. "Treatment control best management practice (TCBMP)" means anv engineered system
designed to remove pollutants by simple gravity settling of particulate pollutants, filtration,
biological uptake, media absorption or any other physical, biological, or chemical
process.engineered facilities numerically sized for the treatment of storm water runoff. Structural
treatment controls typically use infiltration, filtration, retention/detention, biofiltering and other
tochniquos to romovo pollutants from storm wator runoff.
(Ord. NS 879 § 1 (part), 2008)
(Ord. CS-004, § 1, 1'^ ^18-2008; Ord. No. CS-151, § 1, 7-12-20 1)
Page 5
EXHIBIT 6
Draft Chapter 15.12 Strikeout Version
Chapter 15.12 - STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
15.12.010 - Purpose and intent.
The purpose of this chapter is to ensure the environmental and public health, safety, and general
welfare ofthe residential, commercial, and industrial sectors ofthe City of Carisbad by:
A. Prohibiting non-storm water discharges to the storm water conveyance system.
B. Eliminating discharges to the storm water conveyance system from spills, dumping or disposal
of materials other than storm water or permitted or exempted discharges.
C. Reducing pollutants in storm water discharges to the maximum extent practicable, including
those pollutants taken up by storm water as it flows over urban areas (urban runoff).
D. Reducing pollutants in storm, water discharges in orde to achieve applicable water quality
objectives for receiving waters within the City of Carisbad.
The intent of this chapter is to protect and enhance the water quality of the City of Carisbad receiving
waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and municipal
permit.
(Ord. NS-880 § 1 (part), 2008)
15.12.020- Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
section:
A. "Clean Water Act" means the Federal Water Pollution Control Act enacted by Public Law 92-
500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section 1251
et seq,), and any subsequent amendments.
B. "County health officer" means the health officer of the county of San Diego department of public
health or designee.
C. "Employee training program" means a documented emp oyee training program for all persons
responsible for implementing a storm water pollution prevention plan. The employee training
program shall include, but is rot limited to, the following t0 3ics:
1. Laws, regulations, and local ordinances associated with storm water pollution prevention,
and an overview of the potential impacts of polluted storm water on the receiving waters of
the San Diego region;
2. Proper handling of all materials and wastes to prevert spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure il' cit discharges do not enter the storm
water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
6. Identification of all on-site connections to the storm w ater conveyance system;
7. Preventive maintenance and good housekeeping pre edures;
8. Material management practices employed by the f: cility to reduce or eliminate pollutant
contact with storm water discharge; and
,0
S. Documentation of training and records detailing dates, time, subjects covered and
attendance,
D. "Enforcement agency" means the City of Carisbad or its authorized agents charged with
ensuring compliance with this chapter.
E. "Enforcement official" means the city manager of the City of Carisbad or his or her designee,
F. "Hazardous materials" means any substance or mixture of substances which is toxic, corrosive,
flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or
other means, if such a substance or mixture of substances may cause, or contribute to,
substantial injury, serious illness or harm to humans, domestic livestock, wildlife, or deterioration
of receiving water quality or the environment.
G. "Illegal discharge" means any discharge to the storm water conveyance system that is not
composed entirely of storm water, or is expressly p:'ohibited by federal, state, or local
regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation
of any NPDES permit, the basin plan and California ocear plan standards.
H. "Parking lot" means an open area, other than a street or ither public way, used for the parking
of motorized vehicles, whether for a fee or free, to ace mmodate clients or customers or to
accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes,
mobile homes, dormitories, group quarters, etc.).
I. "Person" means any individual, organization, business tn st, company, partnership, entity, firm,
association, corporation, or public agency, including the state of California and the United
States of America.
J. "Premises" means any building, lot parcel, real estate, lard or portion of land whether improved
or unimproved.
K. "Responsible party" means one or more persons that control, are in possession of or own
property that shall be individually or, jointly and severally held responsible for compliance with
the provision of this chapter or with any illicit discharge ftom property controlled, possessed or
owned. As defined in this chapter, "property" includes, bi is not limited to, real estate, fixtures,
facilities or premises of any kind located upon, under or above the real estate. This definition of
responsible party does not include the city when an illicit discharge is caused by a person on a
public street or on public property.
L. "Wetlands" means areas that are inundated or saturated by surface or ground waters at a
frequency and curation sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
(Ord. NS-880 § 1 (part), 2008)
15.12.030 - Administration.
The enforcement off cial shall administer, implement, and enfc ce the provisions of this chapter. Any
powers granted to, or duties imposed upon, the enforcemen official may be delegated by the
enforcement official to persons in the employ of the City of Carlsbad, or pursuant to contract. When
deemed necessary by the enforcement official, the enforcement o cial shall prepare and present to the
city council for approval regulations consistent with the general policies established herein by the city
council. The enforcement official shall enforce council approved regulations necessary to the
administration of this chapter, and may recommend that the council amend such regulations as conditions
require.
(Ord. NS-880 § 1 (part), 2008)
15.12.040-Applicability.
Page 2
3
This chapter shall be interpreted to assure consistency with the requirements of the federal Clean
Water Act, applicable implementing regulations, and municipal permit.
(Ord. NS-880 § 1 (part), 2008)
15.12.050 - Prohibited discharges.
The discharge of non-storm water discharges to the storm water conveyance system or to any other
conveyance system which discharges into receiving water is prohibited, including, but not limited to:
A. Sewage;
B. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair
garages, or other types of automotive services facilities;
C. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment,
machinery, or facility including motor vehicles, cement-related equipment, and port-apotty
servicing, etc.;
D. Discharges of wash water from mobile operations such as mobile automobile washing, steam
cleaning, power washing, and carpet cleaning, etc.;
E. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal,
industrial, commercial, and residential areas including parking lots, streets, sidewalks,
driveways, patios, plazas, wc-k yards and outdoor eating er drinking areas, etc.;
F. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or
other hazardous materials;
G. Discharges of pool or fountain water containing chlorine, algaecides. biocides, or other
chemicals; discnarges of pool or fountain filter backwash v.'ater;
H. Discharges of saline swimming pool water unless such discharge can be discharged via a pipe
or concrete channel directly to a naturally saline water body (e.g.. Pacific Ocean);
HI. Discharges of sediment, pet waste, vegetation clippings or other landscape or construction-
related wastes; and
y. Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat
and trash bin wash water, etc).
(Ord. NS-880 § 1 (part), 2008)
15.12.055 - Exemptions from discharge prohibitions.
A. The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit
issued to the discharger and administered by the state of California pursuant to Chapter 5.5, Division
7, ofthe California Water Code, provided that the discharger is In compliance with all requirements of
the permit and other applicable laws and regulations. Proof o compliance with such permit may be
required in a form acceptable to the city prior to or as a con: ition of a subdivision map, site plan,
building permit, or development improvement plan; upon iispection of the facility; during any
enforcement proceeding or action: or for any other reasonable cause.
B. Non-storm water discharges to the MS4 from the following categories of non-storm water discharges
are allowed if the discharger obtains coverage under NPDES Permit No. CAG919002 (RWQCB
Order No. R9-2008-0002, or subseguent order) and the discharger is in compliance with all
reguirements of the applicable NPDES permit and all other applicable laws and regulations: or the
RWQCB determines in writing that coverage under NPDES Permit No. CAG919002 is not reguired.
OthenA/ise, non-storm water discharges from the following categories are illicit discharges:
I. Discharges from uncontaminated pumped groundwater:
Page 3
2. Discharges from foundation drains when the system is designed to be located at or below the
groundwater table to actively or passively extract groundwater during any part of the year;
3. Discharges from crawl space pumps:
4. Discharges from footing drains when the system is designed to be located at or below the
groundwater table to actively or passively extract groundwater during any part of the year.
C. Non-storm water discharges to the MS4 from water line flushing and water main breaks are allowed
if the discharges have coverage under NPDES Permit No. CAG679001 (Regional Water Quality
Control Board Order No. R9-2010-0003, or subseguent order), and the discharger is in compliance
with all reguirements of that NPDES permit and other applicable laws and regulations. This category
includes water line flushing and water main break discharges from water purveyors issued a water
supply permit bv the California Department of Public Health or federal military installations.
Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have
coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES
permit and other applicable laws and regulations. OthenA/ise, discharges from water lines are illicit
discharges.
D. Non-storm water discharges to the MS4 from the following categories are allowed, unless the
enforcement official or the Regional Water Quality Control Board identifies the discharge as a source
of pollutants to receiving waters, in which case the discharge is considered an illicit discharge:
1. Discharges from diverted stream flows:
2. Discharges from rising groundwater:
3. Discharges from uncontaminated groundwater infiltration to the MS4;
4. Discharges from springs:
5. Discharges from riparian habitats and wetlands:
6. Discharges from potable water sources, except as set forth in subsection C of this section:
7. Discharges from foundation drains when the system is designed to be located above the
groundwater table at all times of the year, and the system is only expected to produce non-
storm water discharges under unusual circumstances: and
8. Discharges from footing drains when the system is designed to be located above the
groundwater table at all times of the year, and the system is only expected to produce non-
storm water discharges under unusual circumstances.
E. Non-storm water discharges from the following categories are allowed if they are addressed with
BMPs. Otherwise, non-storm water discharges from the following categories are illicit discharges:
1 • Air conditioning condensation:
2. Individual residential vehicle washing
3. Flows from non-emergency fire fighting activities: and
4. Flows from emergency fire fighting activities.
&—Discharges from the following activities will not be considered a source of pollutants to the storm
water conveyance system or receiving waters and are exempt from the definition of non storm water
discharge when properiy managed as required by applicable federal, state and local laws,
regulations or codes:
4.—Water line flushing;
2-.—Landscape irrigation and lawn watering;
^.—Diverted stream flows;
A-.—Rising ground waters or springs;
Page 4
5^—Uncontaminated pumped ground water not subject to any applicable NPDES permit;
—Discharges from potablo water sources not subject to any applicable NPDES permit;
7-.—Foundation and footing drains;
—Air conditioning and refrigeration condensation;
9^—Natural springs;
10. Water from crawl space pumps;
11. Individual residential car washing;
12. Flows from riparian habitats and wetlands;
44^—Dechlorinated swimming pool discharges;
44^—Emergency firefighting; and
15. Uncontaminated ground water infiltration (as defined at '10 CFR 35.2005(20)).
GF, The prohibition of discharges shall not apply to any discharce which the enforcement official, the
county health officer, the state or San Diego Regional Water Quality Control Board, or U.S.
Environmental Protection Agency determines in writing are necessary for the protection of the
environment, water quality, and public health and safety.
(Ord. NS-880 § 1 (part), 2008)
15.12.060 - Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of municipal permit either separately
considered or when combined with other discharges, is prohibited Liability for any such discharge shall
be the responsibility of the person(s) causing or responsible for the discharge.
(Ord. NS-880 § 1 (part), 2008)
15.12.070 - Illicit connections.
It is prohibited to establish, use, maintain, conceal or continue illicit connections to the storm water
conveyance system, regardless of whether such connections v ere made under a permit or other
authorization or whether permissible under the law or practices ap; icable or prevailing at the time of the
connection except as authorized in Section 15.12.050.
(Ord. NS-880 § 1 (part), 2008)
15.12.080 - Reduction of pollutants contacting or entering storm water required.
A, It is unlawful for any person nol to utilize best manageme it practices to the maximum extent
practicable to eliminate or reduce pollutants entering the city's >torm water conveyance system.
B, In order to reduce the risk of contamination of storm water and the discharge of non-storm water or
pollutants to the city's storm water conveyance system, the enforcement official may require the
person(s) conducting the following activities to implement best management practices to the
maximum extent practicable:
1. Automobile, airplane, boat, and/or vehicle repair, service, fueling, maintenance, washing,
storage, and/or parking;
2. Landscape ana garden care activities including appli ation of related products, such as
pesticides, herbicides, and ferdlizers;
3. Building remodeling, repair and maintenance, including, b..t not limited to: cement mixing, repair
or cutting, masonry, plumbing painting and/or coating;
Page 5
4, Impervious surface or building washing or cleaning, including pressure washing or steam
cleaning;
5, storage and disposal of household hazardous waste (e g,, paints, used motor oil, cleaning
products, pesticides, herbicides);
6, Disposal of pet waste;
7, storage and disposal of green waste;
8, Mobile carpet, drape or furnitiTe cleaning;
9, Pool, spa, jacuzzi, or fountain cleaning, servicing, or repair;
10, Pest control;
11, Plant growing including: farmlands, fields, nurseries, greenhouses, and botanical gardens,
0, Persons conducting an activity or activities that the enforcement official determines may contribute to
an illegal discharge to the storm water conveyance system, and/or a tributary to a Clean Water Act
Section 303(d) impaired water bcdy, where the site or source generates pollutants for which the
water body is impaired; and/or any person within or directly adjacent to or discharging directly to a
coastal lagoon or other receiving v, ater may also be subject to subsection B,
D, Business Activity Storm Water Pollution Prevention Plan (SWPPP), When the enforcement official
determines that a person in the rourse of conducting a bus less-related activity causes, has the
potential to cause, or contributes to a violation of the water quality standards set forth in the San
Diego basin plan or California ocean plan, or conveys pollutar LS to receiving waters that may cause
or coninbute to the deterioration of water quality, then the enforcement official may require the
person to develop and implement a business activity SWPPP that includes the implementation and
use of best management practices, and an employee traininc program. This section applies, but is
not limited to:
1. Persons conducting maintenance, storage, manufacturi .g, assembly, equipment operations,
vehicle loading, and/or cleantp activities partially or wholl; out of doors;
2. Persons conducting automot ie, airplane, boat, and/or equipment mechanical service, repair,
maintenance, fueling, cleani-^g and/or parking; marinas mobile automobile or other vehicle
washing and/or oarking; reta^ or wholesale fueling; mob:i3 carpet, drape or furniture cleaning;
pest control se vices; eating and drinking establishmer ;s; cement mixing, repair or cutting;
masonn/; plumbing; painting and coating; surface or bt.ilding washing or cleaning services,
including pressure washing or steam cleaning; botanies' or zoological gardens and exhibits;
landscaping ana lawn and ga. den services; nurseries and greenhouses; golf courses, parks and
oiher recreational areas/fac; iries; cemeteries; pool ar d fountain cleaning; or port-a-potty
servicing;
3. Persons owning or operating a parking lot or an impervioL-5 surface (including, but not limited to,
se.-vice station pavements, sidewalks, patios and pavet private streets and roads) used for
automobile-related or simiter purposes shall clean th ise surfaces as frequently and as
thoroughly as iS necessary, in accordance with best management practices, to prevent the
discharge of pOiiutants to the city's storm water conveyance system. Sweepings or cleaning
residue from parking lots or impervious surfaces shall lot be swept or otherwise made or
ahowea to enter any storm water conveyance system, gutter, or roadway, but must be disposed
of in accordance with regional and local solid waste procetiures and regulations,
4. Persons c^vning or operatinc a parking lot or impervioL,; surfaces used for similar purposes
shall ciean those surfaces ;horoughly as is necessa-/ to prevent the accumulation and
discharge of pollutants tc ihe storm water conveyan je system to the maximum extent
practicable, but not less than once prior to each rainy season. Sweepings or cleaning residue
from parking lots or said imp-rvious surfaces shall not be swept or othen/vise made or allowed
tc enter the gutter, roadway ct storm water conveyance s' stem.
Page 6
E, Development, Grading or Construction Activities, Any person engaged in development, grading or
construction in the City of Carlsbad shall utilize best management practices to prevent pollutants
from entering the storm water conveyance system by complying with city standards, all applicable
local ordinances, including Chapter 15,16 of the Carlsbad Municipal Code, the standard
specifications for public works construction, when performing public work, and, required provisions of
all appiicable NPDES permits.
In order to reduce the risk of contamination of storm water and the discharge of non-storm water or
pollutants to the city's storm water conveyance system, the enforcement official may require the
person conducting the development, grading or construction activities to prepare and implement a
construction SWPPP in compliance with city standards an;,,/or to implement best management
practices to the maximum extent practicable,
F, No person shall stand or park an; vehicle or equipment on eny street for the purpose of washing,
greasing, repaihng, and/or maintaining the vehicle or equipment, except for repairs necessitated by
an emergency,
G, No person shall stand or park a^-y vehicle or equipment or any public street, if such vehicle or
equipm.ent is detern^tned by the enforcement official to be lee ting fluids such as oils or other fluids
that contribute or have the pote'tiai to contribute a dischs ge of pollutants to the storm water
conveyance system and/or the receiving waters,
H, Other activities not covered by suosections B, 0, D, E and F of this section. In order to reduce the
risk of contaminatio" of storm wster, the discharge of non-s'orm water or, pollutants to the city's
storm water conveyance system, the enforcement official may require the person conducting any
activity not listed in subsections B, C and D of this section, to i nplement best management practices
to the maximum extant practicab a, if the enforcement officict determines tnat the activity has the
potential to discnarce pollutants c is known to discharge po!=, tants to the storm water conveyance
system or receiving waters,
I, storm Water Management Plan (S AIMP). Any project issued a development permit shall comply with
all appiicab e best management .n-actices and low impact de/elopment (LID) requirements of the
municipal code, stasidard urban s.orm water mitigation plan ( 3USMP) or BMP Desian Manual, city
standards and this cede including but not limited to the followin :n
1, A!' developmen permit appiicntions for priority developme it projects shall be accompanied by a
SWMP prepares pursuant to ne SUSMP or BMP Design Manual, No development permit shall
be app'oved or issued uniess the following requirements i ave been met:
a The city e.^^gineer has antrcved the SWMP in accorcance with the SUSMP or BMP Design
Manuai: ar j
b. Tha development projec complies with all best m nagement practices specified in the
approved S-NMP.
2. No developmer t permit snali oe issued for a priority dev. opment project without ensuring that
ai: structural tret^tment contro: best management practice? as specified n the approved SWMP,
Wlli be maintair:3d in compliance with the requirements jf the municipal permit, JURMP and
SUSMP or BMP Design Manual. To ensure maintenance if the structural treatment control best
mianagement practices, the c-jvner of the development s- e shall enter mto a permanent storm
water quality bast manager:ent practices maintenance agreement cr provide an alternate
maintenance mechanism as c oproved by the enforcemen official,
(Ord. ? i )§ 1 (p--,-::), 2008)
15.12,090 - Storm Vi -ter onveyance s' tem protection.
Every person owninc property through which a storm water c onveyance system passes, and such
person's lessee or tenant shall keep at d maintain that part of the t orm water conveyance system within
Page 7
the property free of trash, debris, excessive vegetation, and other obstacles which would pollute,
contaminate or significantly retard the flow of water through the storni water conveyance system.
Every person shall maintain privately owned storm water conveyance structures within or adjacent to
a storm water conveyance system, so that such structures do not become a hazard to the use, function or
physical integrity of the storm water conveyance system.
Every person shall not remove healthy banks of vegetation beyond that actually necessary for such
maintenance which shall be accomplished in a manner that minimizes the vulnerability of the storm water
conveyance system to erosion; and shall be responsible for maintaining that portion of the storm water
conveyance system that is within their property lines in order to prrtect against erosion and degradation
ofthe storm water conveyance system originating or contributed from their property.
No person shall commit or cause 'o be committed any of the 'ollowing acts, unless a written permit
has first been obtained from the city and the appropriate state or federal agencies, if applicable:
A. Discharge pollutants into or connect any pipe or channel to the storm water conveyance
system;
B. Modify the natural flow of water in a storm water conveyar :;e system;
C. Carry out developments v/ith'n thirty feet of the center ine of any storm water conveyance
system or twenty feet of the edge of a storm water convey ance system, whichever is the greater
distance;
D. Deposit in, plant in, or remove any material from a storms - -ater conveyance system including its
banks except as required for necessary maintenance;
E. Construct, alter, enlarge, connect to, change or remove any structure in a storm water
conveyance system;
F. Place any iocse or unconsolidated material along th.a side of or within a storm water
conveyance system or so close to the side as to cause a diversion of the flow, or to cause a
probability of such material being carried away by storm vaters passing through such a storm
water conveyance system; or
G. Tne above requirements dc not supersede any requ rements set forth by the California
Department of Fish and Game Stream Alteration Permit p ocess,
(Ord, N3-88a § 1 (part), 2008)
15.12.095 - 5tructural treatment contrc: BMP maintenance require nent.
A, Every person owning property v« nich includes a structural treatment control best management
practice (BMP), installed pursuant o a city approved storm water management plan, shall:
1, Insure that each and eve,r.' city-approved structural eatment control BMP is operating
effectively and nas been adec uately maintained; and
2, Provide an annual verification of the effective operation and maintenance of each and every
city-approved s: uctura! treat tent control BMP by the pa y responsible for the maintenance of
tha structural treatment control BMP, The annual ve ification shall be submitted to the
enforcement ofinial in a format as approved by the city pr ;r to the start ofthe rainy season,
B, The enforcement off cial shall have the authority to conduct ar inspection of any property containing
a city-approved str . ctural treatnnent control BMP to enfo; the provision of this section in
accordance with the inspection n ovisions specified in Sections 15,12,100 and 15,12.110 of this
chapter.
(Ord. MS-880 § 1 (psi), 2008)
15.12.100 - Authority to inspect.
Page 8
A, During normial and reasonable hoi rs of operation, the enforcement official shall have the authority to
conduct an inspection to enforce the provisions of this chapter, and to ascertain whether the
requirements of this chapter are being met. The enforcement official has the authority to inspect all
publicly visible and accessible areas during reasonable times tvithout the permission of the property
owner or representative, as long as those areas are not speci'^cally designated as no public access
areas. !f inaccessible or limited access areas are to be inspected, an inspection may be conducted
after the enforcement official has presented the proper credentials and the owner, occupant, and or
facility operator authorizes entry, i- the enforcement official is unable to locate the owner or other
persons having change or cont.ro' of the premises, or the owter, occupant, and/or facility operator
refuses the request for entry, the C ty of Carlsbad is empowered to seek assistance from any court of
competent jurisdiction in obtaining entry.
After ootaining authorized entry to a business or facility, the en jrcement official may:
1. Inspect the prenises at all reasonable times,
2. Carry out any sampling activii es or install devices to cor juct sampling or metering operations
necessary to enforce this cnapter, including taking st mples from tne property which the
errrorcement of :tial reasonab / believes is currently, or ht:; in the past, caused or contributed to
causing an iliac al storm wate discharge to the storm wa er conveyance system. Upon request
by the property twner or his t: her authorized representa've, split samples shall be given to the
person from whnse property tne samples were obtained,
3. Conduct tests, analyses and - valuations to determine wh^her a discharge of storm water is an
illegal discharge or whether the requirements of this chap" ?r are met.
4. P^^otog-aph any effluent strea n, material or waste, mater al or waste container, container label,
vehicle, waste -'•eatment prr tess, waste disposal site tonnection, c;- condition believed to
contribute tc stem water col't tion or constitute a violation if this chapter
5. Review and obtain a copy c the industrial activity storr water pollution prevention plan, the
hazardous materials release response plan and inve tory, and/or any other documents,
permits, manife-ts, logs cr re- ords that may be required c the facility frcm local, state or federal
\a'Ns, reguiationa or codes in r ."der to conduct operations - business on the premises.
6. Require the faci.ity operator - retain evidence, as instrt: ted by the enforcement official, for a
pe'iod not *o e>;; eed th'rtv ds s.
7. Revievi and ot ain copies c. a!! storm water monitoring data compileo: by the facility, if such
m'-.nitcting is reruired ofthe cility.
(Ord, f-.3-8S0 § 1 (prtt), 2008,
15.12.110- insp'cticn pr cedures—.Ar 'it'onal requirements.
During the inspecticr the enforce nent official shall comply w n all reasonable security, safety, and
sanitation measures, in addition, the enforcement official shall comply with reasonable precautionary
measures specif ed by tht owner and/ct occupant or facility operate ,
At the eonciusion of tne inspection and prior to leaving the si e, the enforcement official shall make
every rease nabie effort review wif^ the owner and/or occupar: or the facility operator each of the
violations noted oy the enforcement or dai and any corrective act ons that may be necessary. A report
listing any violation founc by the enfGtt;ernent official during the i spection shai! be kept on file by the
enforcement agency. An inspection reoort shall be provided to ' le owner and,/or occupant or facility
operator, cr left at tne tremises afte being signed by a desigr ated representative of the facility. If
corrective action is requited, then the occupant, facility owner, a. d/or facility operator shall implement
corrective action plan based upon a t nttan corrective action pla. The corrective action plan shall be
submitted tc the enforce 'snt agency ;r review and approval and should state *he corrective actions to
be taken a!"d the exoectf i dates of cc t-plation. Failure to implemf tt a corrective action plan constitutes
a violation cf this chaoter
Page 9
All enforcement off cials shall :"ave adequate identificatic i. Enforcement officials and other
authorized personnel shall identify themselves when entering an< property for inspection purposes or
when inspecting the work of any contractor.
With the consent of the property owner or occupant, or pursuant to a search warrant, the
enforcement official is authorized to establish on any property that discharges directly or indirectly to the
municipal storm water conveyance svstem such devices as are necessary to conduct sampling or
metering operations. During all inspections as provided herein, the enforcement official may take samples
of materials wastes, and.-or effluent as deemed necessary to aid the pursuit of the investigation or in
the recordation of the acti /ities onsite,
(Ord, NS-880 § 1 (pal), 2008)
15.12.120 - Containment cleanup, anc lotification of spills.
Any person owning or occupying any premises who has kr twiedge of ary release of materials,
pollutants or waste which may result in toilutants or non-storm wate' discharges entering any storm water
conveyance system shaf immediately ake all reasonable action tc contain, minimize, and clean up such
release, St.oh parson s- all notify the City of Carlsbad of the o currence anc any other appropriate
federal, state or county arency ofthe ctcurrence as soon as possir e, but no later than twenty-four hours
from the timia of tne incident's occurrence.
(Ord, N3-B60 § 1 (pan), 2008)
15.12.130 - Testing, rron'- oring or mit-tation requirements.
jire that any person enga ed in any activity and/or owning or
t or contributes to storm w ter pollution or contamination, illegal
; and/or discharge of m i-storm water to the stcrm water
tring, including physical ane chemical monitoring and/or analyses
ent official may specify if:
r operator, fails to eliminate illegal or prohibited discharges within
a written notice to do so b^ the enforcement official;
focumented repeated viola ons of this c'-apter by the person or
t has caused or contributec :o storm wate' pollution.
A, The erforcrment c'i'ioial may rec
operat ng at;y facilit which cajstt:
discha-ges, proinibited discharge:
conveyance system ,jeri'orm moni:
and furnish 'eports as the enforce;-
1, The person, or facility owner r
a specified time after receivir.
2. Tre erforceme-1 official has
fc'-ility owner o operator -A-'hi
It is ur.awfui for sue person or n;
the monitoring, analyses and/or repon-
the types of pollutants wif oh may Pe gr
enforcement agency has evidence tha-
the enforce-'nen' agency nay require
may be generated by routine activities
responsible tor a.i costs c these aciivit :
B. Any persons required to monitor tursuant to subsection A of :his section, shall implement a storm
water rtonitoring pre cram inciudin but not limited to, the folic ing:
1, Rrutine vistial' onitoring fo!" y weather flows;
2, Routine visual n.onitoring for totiis which may pollute stor i water runoff
3, A monitorinq let including m nitoring date, potential pollt ion sources, ,?s noted in subsections
d a description ofthe mitic ttion measures taken to eliminate any
tility owner or operator to f
specified. Specific monitoi-
nerated by the person's act
a pollutant is originating frc
tonitoring for that poilutan:
or operations. The person
3, analyses and reports.
il or refuse tc undertake and provide
ng criteria shall bear a relationship to
/ities or the facility's operations. If the
n a specific source or premises, then
regardless c' whether saia pollutant
or facility owner or operator shall be
A monitoring let including
B. r ar d B 2. o' inis sectior
potential pollution sources;
At saroles mi, t- be colleote using approved procedure-: and guidelines as set forth by federal
Erwironmental :--rotection .Agtr :cy (EPA) approved protoo. s; and
The samples must be ana zed by a state of Califc nia certified laboratory qualified to
undertaken sucr analyses.
Page 10
0. The enforcement official may reqcire a person, or facility owner or operator, to install or implement
storm water pollution reduction or control measures, inc jding, but not limited to, process
modification to reduce the generation of pollutants if:
1, The person, or facility owner or operator fails to eliminate illegal or prohibited discharges after
receiving a written notice front the enforcement official;
2, The person, or facility owner or operator, fails to implem;^nt a storm water pollution prevention
plan, as require:' by the enfontement official; or
3, The e;tforcemert official ha; documented repeated vie ations of this chapter by any such
person or ^acilit. owner or ope'-ator which has caused or c ^ntributed to storm water pollution,
D, If testing, monitoring or mitigation equired pursuant to this cha iter are deemed no longer necessary
by the enforcement official, then aty or all ofthe requirements contained in subsections A, B, and C
of this section nnay be discontinuet..
E, A storm water monitoring program: prepared and implementec pursuant to any state-issued NPDES
genera: pernnit shall oe deemea tc meet the requirements of a monitoring program for the purposes
of this chaptan
(Ord, l-.S-8fcO § I (pr-t), 2008)
15,12.140 - ttoncealment
Causing, permitting, aiding, abett ng or concealing a violatic i of any provision of this chapter is
unlawful and sha:l ccnstit . te a sepa-ate 'io'ation of this chapter.
(Ord. NS-B&O § 1 (part), 2008)
15.12.150 - Adm'nist-atit r code erforc tment powers and procedu as.
The en.'orce.mert agency and enfrrcement official can exercise any code enforcement powers and
procedures as provided n Title 1 of this code. In addition to t e general enforcement powers and
procedures orovided in "itie 1 of this :ode, the enforcement age:- ay and enforcement officia! have the
authority tc utilize the fo!! .-':*/ing ad.ninie-tative remedies as may be : ecessary to enforce this chapter:
A, Cease and Des st Orders. W:-en the enforcement official 'inds that a discharge has taken place
O!- is likely to take place in viciation of this chapter, the e forcement official may issue an order
tc cease and casist such d.s tnarge, practice, or operatit n likely to cause such discharge and
direct tnat those persons not complying shall:
1. Compiy wit 1 the appiicat, e provisions and policies ot his chapter;
2. Comply wirt a time scne • jie for compliance; and
3. Take approoriate remed-al or preventive action to pre 'ent the violation from recurring,
B, Notice to Ciean Test and,/cr . -.bate. Whenever the enforc :ment official *inds any oil, earth, dirt,
grass, veeds, aad trees, tin :tans, rubbish, refuse, was* or any other material of any kind, in
Q - tjpc the sir swaJk abuttir t cr adjoining any parcel c land, or upon any parcel of land or
grounds, tvhici: may result in an increase in pollute .ts entering the city's storm water
convevance systenn o'' a nu t-storm water discharge t the city's storm water conveyance
system the en-tircemen- off al may issue orders and e ve written notice to remove same in
any reasonable manner. The ecipient of such notice sha undertake the activities as described
in the notice,
C, Stop V. ork Orde:'s, Wheneve any work is being done co .rary to the provisions of this chapter,
the entorcsmen: officiai may order the work stopped by . otice in writing served on any person
engaged in pen:.rming or cat ing such work to be done, t id any such person shall imimediately
stop SLoh Vv'ork ,:ntit authorize: by the enforcement officia ;o proceed wi h the work.
Page 11
1^
D,
E,
Permit or License Suspensio" Denial or Revocation, Vio ations of this chapter may be grounds
for permit or license suspens on or revocation, including b et not limited to building permits, right-
of-way permits, grading permi s and conditional use perm s.
Civi! Penalties,
implement a c:
implement a sto
and abate, or fa
the enforcemen
htindred dollars
the full costs of
ary such violatii
legal action ui-
enforcement ag
responsible part
fc imcairment, '
\ny person W:
crrective acti;
I'm water mon
i!s to adopt 0-
t official shai
.'or each day
any investiga
.n, for aoatet
der this su'
ency may u
''s liability. T'-
oss or destru'
Ti-ie enforcement official sn.t
ino'udirg referra to the city at
co.lected ss a lic.i, the enforc -
recorder, inforr the courity :
d.i 3cription of it e real p:'ope
agency to whicit the obligatio ,
fi:e a re.ease of ,en with tne c
En 'irc-mental '^ode Enforce
c> ripte s: -ll depositee
e~ aji ne jy -'6 city man;
e ro -ne al jb'ic octrea
re -.Jl se C'ty lepart.cnents
p ^ces- th-i ar- not paid by t
a o^op latea a' , allocated it
e_.aoli._h acooL jng procedi
(Ord. r:3-8B0§ c), 2008)
15.12.160 r> is: rath notice.
0 violates any of the provis
tn plan when requested :
itoring plan, violates any ce
implement a storm water p
be liable for a civil pens
tuch a violation exists. The
on, inspection, or monitorir
ant costs, and for the reas,
section. In addition to af
ize the lien procedures li
e responsible party may ais
tion to water quality, wildlife
take all appropriate leg
orney for commencement c
ment official shall cause a
:-.dditor and county recordt
y upon which the lien is t
. is to be paid. Upon pa/me
unty recorder,
rent Civil Penalties Fund, C
t the environmental code
::er for the enhancement c
n or education, environm
or investigative costs an:
a responsible party. Civil p
a manner determined by ti
^s to ensure proper accoun
'gt and appeal procedt res.
ons of this chapter, fails to prepare or
:y the enforcement official, fails to
:se and desist order or notice to clean
dilution prevention plan as directed by
ty not to exceed two thousand five
esponsible party shall be charged for
g survey whicn led to the detection of
lable costs of preparing and bringing
I other applicable procedures, the
ted in subsection F to enforce the
be liable for compensatory damages
fish and aquatic life,
steps to cciiect these obligations,
a civil action to recover said funds. If
otice of lien to be filed with the county
of the amctnt of the obligation, a
be recovered, and the name of the
t in full, the c tforcement official shall
/il penalties collected pursuant to this
enforcement civil penalties fund as
the city's code enforcement efforts,
ntal improve nent grants, and/or to
costs associated with the hearing
nalties depos ted in this fund shall be
3 city manager. The city auditor shall
identification, credit and collection.
Unless othe.'wise pre .'ided herein
this cf aptet shai; be in writing ar
mail, t :8 rttice sh... be sett tc
addrest is • nkr awn service ;ttay
notice shah be dee-ied to have
any notice required to be c /en by the er
ser\/ed in person or by re • istered or ce
:ne last address knoAn tc
e made upon the owner o
:'aen given at the time of
regulariy serviced by the United £ ates Postal Service whethe
is acce :ied
orcement official under
;ified mail. If served by
the enforcen ent official. Where the
record of the oroperty involved. Such
eposit, postage prepaid, in a facility
or not the reaistered or certified mail
When tiie enforcem-nt officia: det
exists or has occu ed, any Vio
enforce.Tisrit ofticia! vith a .vtitter:
code cection V!0.at.:;d, desor.oe
descri,-,e th-; correc :/e action re-
action oy tne v:olc or(s) or pro
enforce:Tien; are be.:tg utilized by
and a„3ta, astablisrment of a st
employee training p -^gram. "^he
compt. inc Jding th • civil pena n =
within *r cays Tor 'he date t^e
•mines that a violation of -
.;or(s) or property owner(
lotice and order. The noti
,o\v violated, the location
jired. The notice and ore
erty owner(s) and explaii
Jie enforcement officiai: Cc
rm water pollution preven
-.lice and order shall also f
shall begin to immediate!
ctice and order is issued.
te or more p
of record ;
3 and order
and date(s) ;:
r shall requir
which metl:
ase and desr
on plan, and,
•plain the cor
accrue if cor
"he notice ar
ovisions of this chapter
nail be served by the
nali state the municipal
jf the violation(s), and
e immediate corrective
)d(s) of administrative
t order, notice to clean
or establishment of an
sequences o^" failure to
pliance is no* achieved
order shall dentify all
Page 12
hearing rights. The enforcement c icial may propose any enfr -cement actic i reasonably necessary
to abate the violation.
C. If the violation(s) is ^ot corrected .'/ithin ten days from the de e the notice and order is issued, the
enforcement official shall request tne city manager to appoint a hearing officer and fix a date, time,
and place for hearing. The enforcement official shall give wri: an notice the:eof to the vio!ator(s) or
owner(s) of record, at least ten days prior to the date for hearir r.
1. The hearing officer shall consider any written or oral evic ence presented to determine whether
the viciaticn(s) exists, a cort ctive action plan should fc required, a cease and desist order
si ould be 'eqi ii'ed, a notice to clean and abate shoulc be required, a storm water pollution
prevention plan should be reguired, an employee trainin program should be required, and/or
Ci..:! penalties t could be imtosed, consistent with rule and procedtres for the conduct of
hearings ana ret.denng of decsions established and pronr dgated by the city manager.
2. In dete-mif^ing hether actio- should be taken or the an- lunt of a civil penalty to be imposed,
the hearing officer may consicer any ofthe following facto s:
a D Tation c • -he violation'-
b. r!-eqL;ency or recurrence
c. Srriotsre' c.
d. History.
e V olator s c '.tnduct a.'ter r • -tice and order.
f. Good faith effort to comr.
g Economic npact of the : enalty on the violator(s
h intoact oft ne violation o^ the community.
i. A':y other" actor which ie ttice may require.
3, If the V olator(s; or owner(s) c ^ record fail to attend the he nng, it shall constitute a waiver of the
rignt tc a haarir and ad,udic :ion of all or any portion of t e notice and order,
4, The hearing of; ;er shali ren er a written decision within ten days of the close of the hearing,
includi-g findin- t of fact anr conclusions of law, identi^f 'ng the time frame involved and the
factors ccnside:-ed in assessing civil penalties, if at r The decis'on shall be effective
im:-neC;;ate[y u; ess otnerwic - stated in the decision, 'he hearing officer shall cause the
decisici tc be -en»'ed on tht enforcement official and ? : participating violators or owners of
record
5, If :na gerstns - tsessed cit'i: enalties fail to pay them v -hin the time tpecified in the hearing
of'-lcer's decision, the unpai; amount constitutes either a personal obligation of the person
assessed cr a i rn upon the i- ai property on which the vie ation occurrect in the discretion ofthe
erforceme;:t ofrtial. !f the vie ation(s) is not corrected as directed the civil penalty continues to
a,tcrue on a dt :y oasis. Ct» penalties may not exceec Dne hundred thousand doiiars in the
aggregate. >A/h.r . the vioiatio is subsequently corrected, ie enforcement official shali notify the
violator(s) and/c owner(s) cf ecord ofthe outstanding cit penalties an,:! provide an opportunity
fc hea -ing if the amount(s) is disputed within ten days frc t such notice.
6, Ti e e forcgrnt..; officiai sr • take all appropriate leg . steps to ccilect these ooligations,
irciudirg nrferr to the city a arney for commencement c a civil action to recover said funds. If
cc lecttd as a f - n, the er:forc nent official shall cause a jtice of lien tc be filed with ;he county
recorder, irfor;- the county ijocior and county recordc of the ame .mt of the obligation, a
d.-3cri,c:ion of t e reai p.'ooe : / upon which the lien is i. be recovers i, and the name of the
a: ency to rthic . the obligatio t is to be paid. Upon payme t in full, the enforcement officiai shall
fi e a re:ea;>e oi .:8n with ;he c .onty recorden
(Ord, KiS-8£:0§ 1 {p.tr), 20G8)
Page 13
15.12.170-Judicial enforcement.
A, Criminal Penalties, ny person wf r violates any provision of ti s chapter or t /ho fails to implement a
storm tfv-ate^ monitoring plan, vioirtes any cease and desist c der or notice to clean and abate, or
fails tc adopt or implement storm ater pollution prevention p, tns or employee training programs as
directed by the enfc-oement officic: shall be punished, upon c eviction, by a fine not to exceed one
thousand dollars for each day in tvhich such violation occur g or imprisonment in the San Diego
County jail for a period not to exceed six months, or both.
B. Injunction/Aoatemer; of Public N: sance. Whenever a discha ge into the storm water conveyance
system is in violation of the p.^ovis tsns of this chapter or other
contarmnaiion, poilut.on, or nuisa ce, the enforcement offici;
petition to tne Super or Court for tite issuance of a preliminary
action to acate a p.oiic nuisanc-., as may be appropriate i.
discharge.
'ise threatens to cause a condition of
may also cause the city to seek a
r permanent njunction, or both, or an
restraining tr e continuance of such
Other CM .ictioi V'
city corncirs deoisic^
officiac initiete any a
and order and oecis
provided ne.ein
(Ord.
15,12.180
0§
renever a nc re and order, notice of dete mination, hearing officer's decision or
is not comp ed with, the city attorney n ay, at the request of the enforcement
tpropriate ci.. action in a court of compe ent jurisdictiOit to enforce such notice
on, inclLsding ie recovery of any unpaid form drain fees and/or civii penalties
2008'-
iolations de-med a public nuisance.
In add:'ion t > the otf:
to exist in tioiat sn cf ar
welfare anc is d : elated a
as directed oy tte enforc
civil action to ab"te, enic
city, if necessary.
The fun cost of such
be a lien rpon ano ac;
15.12.150(: ,
(Ord, ^-S-S- 0§ 1 fp-
r civii and c tinal penalties provided he - : in, any cond 'ion caused or permitted
of the pro; .^cns of this chapter is a t eat to the pt blic health, safety, and
:d deemed a ;i,:biic nuisance, which ma^ oe summaril; abated and/c r restored
jment officia in accordance with the pre tedures ident .-led in Chapter 6,16, A
or othe"Jvis compel the cessation of SL h nuisance rr ay also be taken by the
ibatement at c: restoration shall be borne
inst the pre; erty in accordance with
tt. 2008^
ty the owner rf the property and shall
ie procedures set forth in Section
15.12.190 - remedies not exclusive.
Remec^ss sat forth r this chapte
penalties p: ovide d b, 'av. including, t
and/or the s^ate i^or^ar-C: ogne Wate
is California lA/ater Code gection
and/or stat-^ rer-edies s'all not
this chapte:
200
aooi
(Ord. -0§ = (p:
are not exclusive but are c mulative to ai other civil and criminal
not limited to, penalty prot sions ofthe Federal Clean Water Act
Lia'ity Control Act. The Po er-Cologne V ate'- Quality Control Act
at seq., and any future amt idments. The seeking of such federal
e the simultaneous comm -ncement of p oceedings pursuant to
Page 14