HomeMy WebLinkAbout1997-01-28; City Council; Resolution 97-39r 0 0
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RESOLUTION NO. 9 7 - 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT
TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL
COASTAL PROGRAM TO ADOPT THE CITY’S
STORMWATER ORDINANCE AS AN IMPLEMENTING
ORDINANCE FOR CARLSBAD’S LOCAL COASTAL
PROGRAM.
CASE NAME: STORMWATER ORDINANCE
CASE NO: LCPA 96-09
WHEREAS, California State law requires that the Local Coastal Pro
General Plan, and Municipal Code regulations for properties in the Coastal Zone
conformance; and
WHEREAS, a verified application for an amendment to the Local CI
Program, as shown on Exhibit “X’, dated January 28, 1997, attached and incorporated h
has been filed with the City Council; and
WHEREAS, said verified application constitutes a request for a Local Cc
Program Amendment as shown on Exhibit “x)’, dated January 28, 1997, as provided in P
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of
14 of the California Code of Regulations of the California Coastal Commission Administi
Regulations; and
WHEREAS, the City Council did on the 28th day of January 1997, hold a
noticed public hearing as prescribed by law to consider the proposed Local Coastal Pro
Amendment shown on Exhibit “X”, dated January 28, 1997, attached hereto; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, the City Council considered all fa
I relating to the Local Coastal Program Amendment.
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WHEREAS, State Coastal Guidelines requires a six week public review peri
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on Augu
1996, and ending on October 4, 1996, staff shall present to the City Cou
summary of the comments received. No public comments have been receive
C) That based on the evidence presented at the public hearing, the City Cc
approves LCPA 96-09 as shown on Exhibit “X”, dated January 28, 1997, att;
hereto and made a part hereof based on the following findings:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all appli
policies of the City of Carlsbad Local Coastal Program (LCP), in that the Storm
Ordinance will supplement the existing Carlsbad LCP Drainage and Erosion Cc
policies by prohibiting non-stormwater discharges (spills, illegal dumping and
connections) to the stormwater conveyance system and reduce pollutants from 1
runoff.
2. That the proposed amendment to Carlsbad’s Local Coastal Program is requirt
maintain consistency between the City’s Municipal Code and its Local Coastal Progr
~ 3. That the Planning Director has determined that the project is exempt frou
requirements of the California Environmental Quality Act (CEQA) per Sections 1
and 1506 1 (b)(3) of the State CEQA Guidelines and will not have any adverse signif
impact on the environment. ~
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City C
of the City of Carlsbad, held on the 28th day of January 1997, by the following vote, to wit
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and I
NOES: None
ABSENT: None
ATTEST:
-3-
8 11 e 0 EXHIBlT "X"
(January 28,
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I
ORDINANCE NO. flS" 397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW
~ CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND
DISCHARGE CONTROL.
WHEREAS, an ordinance providing the City of Carlsbad with the legal authority to er
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its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order No.
issued by the California Regional Water Quality Control Board, San Diego Region; and,
WHEREAS, reducing pollution in the City's stormwater conveyance system may p
and enhance the water quality of local watercourses, water bodies, and wetlands in a m
consistent with the Clean Water Act; and,
WHEREAS, the revised proposed Storm Water Management and Discharge CC
Ordinance is not considered a project and is not subject to review per Sections 15378(b
15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, CaliB
does ordain as follows:
SECTION 1: That 3 1.08.010 (a) of the Carlsbad Municipal Code be amended tc
"15.12 to the list of Chapters designated.
SECTION 2: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is enaci
read as follows:
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1,
a a
CHAPTER 15.12
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
15.12.010
15.12.020
15.12.030
15.12.040
15.12.050
15.12.060
15.12.070 15.12.080
15.12.090
15.12.100
15.12.110
15.12.120
15.12.130
15.12.140
15.12.150
15.12.160
15.12.170
15.12.180
15.12.190
Purpose and Intent
Definitions
Administration
Construction and
Application
Discharge of Pollutants
Discharge in Violation of
Permit
Illicit Connections
Reduction of Pollutants
Contacting or Entering
Storm Water Required
Watercourse Protection
Authority to Inspect
Inspection Procedures--
Additional Requirements
Containment, Cleanup,
and Notification of Spills
Testing, Monitoring or
Mitigation Required--
When.
Concealment
Administrative
Enforcement Powers
Administrative Notice,
Hearing, and Appeal Procedures
Judicial Enforcement
Violations Deemed a
Public Nuisance
Remedies Not Exclusive
15.12.010 Purpose and Intent.
The purpose of this Chapter is to ensure
the future health, safety, and general welfare
of the residential, commercial, and industrial
sectors of the City of Carlsbad 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, including those pollutants taken
up by storm water as it flows over urban
areas (Urban Runoff), to the maximum
extent practicable.
D. Reducing pollutants in stom
discharges in order to achieve apF
water quality objectives for surface wi
San Diego County.
The intent of this ordinance is to
and enhance the water quality t
watercourses, water bodies, and wetk
a manner pursuant to and consistel
the Clean Water Act and California Rc Water Quality Control Board NPDES
No. CA0108758, Order 90-42 an amendment, revision or reissuance thc
15.12.020 Definitions.
When used in this Chapter
following terms shall have the me'
ascribed to them in this Section:
Comprehensive Water Quality Contrc for the San Diego Basin adopted I
Regional Water Quality Control Boar(
Diego Region (July 1975) and appro!
the State Water Resources Control L
together with subsequent amendments B. "Best Management Practicc
(BMP)" means schedules of acti
prohibitions of practices, general
house keeping practices, PC
prevention and educational prac
maintenance procedures, and
management practices to prevent or r
to the maximum extent practicable I
the discharge of pollutants direct
indirectly to waters of the United St:
BMPs also include treatment requiren operating procedures, and practice control plant site runoff, spillage or
sludge or waste disposal, or drainage
raw materials storage. C. "Building Permit" shall me
permit issued pursuant to Chapter 18.0
D. "California Ocean Plan" mean
California Ocean Plan: Water C
Control Plan for Ocean Waters of Cali1
adopted by the State Water Reso
Control Board September 1991 and
subsequent amendments. E. "Clean Water Act" shall meal
Federal Water Pollution Control Act enl by Public Law 92-500, as amende
A. "Basin Plan" means
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Public Laws 95217, 95576, 96-483, and
95117 (33 USCA Section 1251 et seq.), and
any subsequent amendments. F. "County Health Officer" shall mean
the Health Officer of the County of San
Diego Department of Public Health or designee. G. "Development" shall mean:
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;
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, 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 thereto;
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 harvesting 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).
H. "Employee Training Program"
means a documented employee training
program for all persons responsible for
implementing a Storm Water Pollution
Prevention Plan. The Employee Training
Program shall include, but is not limited to,
the following topics:
1. Laws, regulations, and local
ordinances associated with storm water pollution prevention, and an overview of the
potential impacts of polluted storm water on
the receiving waters of the San Diego
region.
3. The grading, removing,
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2. Proper handling of all materi: wastes to prevent spillage.
3. Mitigation of spills inc
spill response, containment and c
procedures. 4. Visual monitoring of all c
streams to ensure that no illicit disc
enter the storm water conveyance sys
5. Discussion of the diffel
between the storm water convc
system and the sanitary sewer system
6. Identification of all {
connections to the storm water convc
7. Preventive maintenanct
good housekeeping procedures.
8. Material manag
practices employed by the facility to I
or eliminate pollutant contact with
water discharge. I. "Enforcement Agency" shall me
City of Carlsbad or its authorized 2
charged with ensuring compliance wii
Chapter.
J. "Enforcement Official" shall me
City Manager or his or her designee.
K. "Hazardous Materials" shall
any substance or mixture of subst
which is toxic, corrosive, flammabl
irritant, a strong sensitizer, or gen
pressure through decomposition, hc
other means, if such a substance or n
of substances may cause substantial
serious illness or harm to humans, dol
livestock, or wildlife.
L. "Illicit Connection" means
un-permitted or undocumented ph
connection to the storm water conve
system which has not been approved I
City of Carlsbad, or any connection drains illegal discharges either direc indirectly into a storm water conve'
system.
M. "Illegal Discharge" means
non-permitted or non-exempt dischar
the storm water conveyance system t
not composed entirely of storm water,
expressly prohibited by federal, stat
local regulations, laws, codes,
ordinances, or degrades the qualii
receiving waters in violation of Basin
and California Ocean Plan standards.
N. "Maximum Extent Practicable"
mean, with respect to Best Manage
Practices (BMPs), an individual BM
group of BMPs which address a POllUti
system.
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I 0 I concern, which have a cost of
~ implementation reasonably related to the
pollution control benefits achieved, and 1 which are technologically feasible. 0. "National Pollution Discharge
~ Elimination System (NPDES) Permit" shall
mean a permit issued by the Regional Water
~ Quality Control Board or the State Water
Resources Control Board pursuant to
Chapter 5.5, Division 7 of the California
Water Code, to control discharges from point
sources to waters of the United States,
including, but not limited to:
I. California Regional Water Quality
Control Board NPDES Permit No.
CAOlO8758, Order 90-42 and any amendment, revision or reissuance thereof.
2. NPDES General Permit for
Storm Water Discharges Associated with
Industrial Activities'
3. NPDES General Permit for
Storm Water Discharges Associated with
Construction Activity; and,
4. California Regional Water
Quality Control Board, San Diego Region,
General Dewatering Permits (Order
Numbers 91-10 and 90-31).
P. "Non-Storm Water Discharge"
means any discharge to the storm water conveyance system that is not entirely
composed of storm water.
Q. "NPDES General permit" shall mean a permit issued by the State Water
Resources Control Board, including, but not
limited to:
1. NPDES General Permit for
Storm Water Discharges Associated with
Industrial Activities; and,
2. NPDES General Permit for
Storm Water Discharges Associated with
Construction Activity.
R. "Order No. 90-42", dated July 16,
1990, shall mean California Regional Water
Quality Control Board NPDES Permit No.
CAO108758, Order 90-42 and any
amendment, revision or reissuance thereof,
together with all amendments, and which is
on file in the office of the City Clerk.
S. "Parking Lot" shall mean an open
area, other than a street or other public way,
used for the parking of motorized vehicles,
whether for a fee or free, to accommodate
clients or customers or to accommodate
residents of multi-family dwellings (i.e.,
apartments, condominiums, townhomes,
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mobile homes, dormitories, group q
etc.).
T. "Person" shall mean any inc
organization, business trust, co
partnership, entity, firm, asso corporation, or public agency, includ
Sate of California and the United St
America.
U. "Pollutant" includes, but limited to, solid waste, sewage, g;
medical waste, wrecked or dis
equipment, radioactive materials, d
spoil, rock, sand, industrial waste, a
organic or inorganic substance definc
pollutant under 40 C.F.R. 122.2
presence degrades the quality (
receiving waters in violation of Basi
and California Ocean Plan standard5 as fecal coliform, fecal streptoc enterococcus, volatile organic (
(VOC), surfactants, oil and g
petroleum hydrocarbons, total c
carbon (TOC), lead, copper, chrc
cadmium, silver, nickel, zinc, cy:
phenols, and biocides.
A pollutant also includes
contaminant which degrades the qu:
the receiving waters in violation of
Plan and California Ocean Plan star
by altering any of the following paraml
pH, total suspended and settleable
biochemical oxygen demand (I
chemical oxygen demand (COD), nut1
and temperature. V. "Premises" means any buildir parcel, real estate, land or portion o
whether improved or unimproved.
W. "Receiving Waters" means SI
bodies of water, which serve as disc
points for the storm water conve!
system, including the Batiquitos La
Agua Hedionda Lagoon and Buena
Lagoon and their tributary creeks, reser
lakes, estuaries, and the Pacific Ocean
X. "Storm Water" shall mean SL
runoff and drainage associated with I
events and snow melt prior to contact
urban areas, agricultural areas, and/or areas in which the natural environmen
been significantly disturbed or altered, t
directly or indirectly, as a result of ht
activity (also see definition for "Non-z
Water").
For the purposes of this Chapter, S
Water runoff and drainage from areas
are in a natural state, have not I
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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. Y. "Storm Water Conveyance System"
includes, but is not limited to those municipal
facilities within the City of Carisbad by which
storm water may be conveyed to waters of
the United States, including any roads with
drainage systems, municipal streets, catch
basins, natural and artificial channels or
storm drains. Z. "Storm Water Pollution Prevention
Plan" means a document which describes
the on-site program activities to eliminate or
reduce to the maximum extent practicable,
pollutant discharges to the storm water
conveyance system.
A Storm Water Pollution Prevention
Plan prepared and implemented pursuant to
any NPDES Storm Water permit shall meet
the definition of a Storm Water Pollution Prevention Plan for the purposes of this
Chapter.
AA. "Watercourse" means any natural
or artificial stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in
which waters flow in a definite direction or
course, either continuously or intermittently,
and which has a definite channel and a bed
or banks. A channel is not limited to land
covered by minimal or ordinary flow but also
includes land covered during times of high
water. "Watercourse" does not include any
surface drainage prior to its collection in a
stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully,
ravine, arroyo or wash. BB. "Wet Season" means October 15
through April 15.
CC. "Wetlands" shall mean areas that
are inundated or saturated by surface or
ground waters at a frequency and duration
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.
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15.12.030 Administration
The Enforcement Official
administer, implement, and enforce
provisions of this Chapter. Any pa
granted to, or duties imposed upon,
Enforcement Official may be delegate
the Enforcement Official to Persons ir
employ of the City, or pursuant to contl
When deemed necessary by
Enforcement Official, the Enforce
Official shall prepare and present to thc
Council for approval regulations consi,
with the general policies established hl
by the City Council. The Enforce1 Official shall enforce Council appr
regulations necessary to the administr
of this ordinance, and may recommend
the Council amend such regulations
time to time as conditions require.
15.12.040 Construction and Applici
This Chapter shall be interprete
assure consistency with the requiremer
the federal Clean Water Act and amendatory thereof or suppleme
thereto, applicable implementing regulat
and California Regional Water QI
Control Board NPDES Permit
CA0108758, Order 90-42 and amendment, revision or reissuance thert
15.12.050 Discharge of Pollutants
The discharge of non-storm v
discharges to the storm water convey;
system or to any other conveyance sy:
which discharges into receiving watt prohibited, except as specified below:
not apply to any discharge regulated un(
NPDES permit issued to the discharger
administered by the State of Calif1
pursuant to Chapter 5.5, Division 7, o
California Water Code, provided that
discharger is in compliance with
requirements of the permit and c
applicable laws and regulations. B, Discharges from the follol
activities will not be considered a sourc
pollutants to waters of the United St
when properly managed: water line flusl
landscape irrigation; diverted stream fll
rising ground waters; uncontamin
ground water infiltration [as defined a
CFR 35.2005(20)] to storm v
conveyance systems; uncontamin
pumped ground water; discharges
A. The prohibition on discharges
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potable water sources; foundation drains; air
conditioning condensation; irrigation water
springs; water from crawl space pumps;
footing drains; lawn watering; individual
residential car washing; flows from riparian
habitats and wetlands; dechlorinated
swimming pool discharges; and street wash
water.
C. The prohibition of discharges shall
not apply to any discharge which the City of
Carlsbad or the county health officer, and/or
the Regional Water Quality Control Board
determine are necessary for the protection
of the public health and safety.
15.12.060 Discharge in Violation of
Any discharge that would result in or contribute to a violation of California
Regional Water Quality Control Board
NPDES Permit No. CA0108758, Order 90-42
and any amendment, revision or reissuance
thereof, either separately considered or
when combined with other discharges, is
prohibited. Liability for any such discharge
shall be the responsibility of the person(s)
causing or responsible for the discharge.
15.1 2.070 Illicit Connections
It is prohibited to establish, use,
maintain, or continue illicit connections to
the storm water conveyance system,
regardless of whether such connections
were made under a permit or other
authorization or whether permissible under
the law or practices applicable or prevailing at the time of the connection except as
authorized in section 15.12.050.
15.12.080 Reduction of Pollutants
Contacting or Entering Storm
Water Required.
A. It is unlawful for any Person not to
utilize Best Management Practices to the
Maximum Extent Practicable to eliminate or
reduce Pollutants entering the City’s Storm
Water Conveyance System.
8. In order to reduce the risk of Non-
Storm Water or Pollutant discharges to the
City’s Storm Water Conveyance System, the
following minimum Best Management
Practices shall be implemented:
1. Commercial and Industrial
Business-Related Activities.
a. Storm Water Pollution Prevention Plan: When the Enforcement
Permit
Official determines that a busin6
business-related activity cause
significantly contributes to violation water quality standards set forth in thc
Plan or California Ocean Waters p
conveys Significant Quantities of Po
to Receiving Waters, then the Enforc
Official may require the business to c
and implement a Storm Water PC
Prevention Plan (SWPPP). Busir
which may be required to prepar
implement a SWPPP include, but a
limited to, those which p
maintenance, storage, manufac
assembly, equipment operations, 1
loading, and/or cleanup activities part wholly out of doors.
b. Coordination
Hazardous Materials Response Plar
Inventory: Any business subject
Hazardous Materials inventory and re:
program pursuant to Chapter 6.95 (
California Health and Safety Code,
include provisions for compliance wil
Chapter in its Hazardous Ma
Response Plan, including prohibitio
unlawful Non-Storm Water discharge
Illegal Discharges, and provisions re(
the use of Best Management Practic
reduce the discharge of Pollutants in
Water.
c. Impervious Surfac
Persons owning or operating a Parkir
or an impervious surface (including, bl
limited to, service station pavemen
paved private streets and roads) usc
automobile-related or similar purposes
clean those surfaces as frequently ar
thoroughly as is necessary, in accou
with Best Management Practices, to pr
the discharge of Pollutants to the
Storm Water Conveyance Syste
Sweepings or cleaning residue from P;
Lots or impervious surfaces shall nc
swept or otherwise made or allowed
into any Storm Water conveyance, guti
roadway, but must be disposed (
accordance with regional solid v
procedures and practices.
2. Activities not Otherwise Regu
by Subsection 6.1.
a. Any person engaged
Development or other activity not cover4
Subsection 6.1 in the City of Carlsbad
utilize Best Management Practice:
prevent Pollutants from entering the 5
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~ Water Conveyance System by complying
with all applicable local ordinances, the
Standard Specifications for Public Works
Construction when performing public work,
and applicable provisions of the NPDES
General Permit for Storm Water Discharges
Associated with Construction Activity issued by the State Water Resources Control Board
(State Board Order No. 92-08-DWQ), and
any subsequent amendments.
b. Standard for Parking Lots and
Similar Structures. Persons owning or
operating a parking lot or impervious
surfaces used for similar purposes shall
clean those structures thoroughly as is
necessary to prevent the discharge of
pollutants to the storm water conveyance
system to the maximum extent practicable,
but not less than once prior to each wet
season. Sweepings or cleaning residue
from parking lots or said impervious
surfaces shall not be swept or otherwise
made or allowed to go into the gutter or
roadway.
15.1 2.090 Watercourse Protection
Every person owning property through
which a watercourse passes, and such
person's lessee or tenant, shall keep and
maintain that part of the watercourse within
the property reasonably free of trash, debris
excessive vegetation, and other obstacles
which would pollute, contaminate, or
significantly retard the flow of water through
the watercourse; shall maintain existing
privately owned structures within or adjacent
to a watercourse, so that such structures will
not become a hazard to the use, function, or
physical integrity of the watercourse; and
shall not remove healthy bank vegetation
beyond that actually necessary for said
maintenance which shall be accomplished in
a manner that minimizes the vulnerability of
the watercourse to erosion. No person shall
commit or cause to be committed any of the
following acts, unless a written permit has
first been obtained from the Enforcement
Official, and the appropriate State or Federal agencies, if applicable:
A. Discharge pollutants into or
connect any pipe or channel to a
watercourse;
B. Modify the natural flow of water in a
watercourse;
C. Carry out developments within thirty
feet of the center line of any watercourse or
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twenty feet of the edge of a waterc
whichever is the greater distance;
D. Deposit in, plant in, or remo\
material from a watercourse includi
banks except as required for necc
maintenance;
E. Construct, alter, enlarge, c(
to, change, or remove any structurc
watercourse; or F. Place any loose or unconsol
material along the side of or wil watercourse or so close to the side
cause a diversion of the flow, or to ci
probability of such material being (
away by storm waters passing througl
a watercourse. G. The above requirements c
supersede any requirements set forth
California Department of Fish and
Stream Alteration Permit process.
15.12.100 Authority to Inspect
A. During normal and reasonable
of operation, the Enforcement Office1
have the authority to make an inspeci
enforce the provisions of this Chapte
to ascertain whether the purposes c
Chapter are being met. An inspectiol
be made after the designated represer
of the City of Carlsbad has presented I credentials and the owner and/or oc(
authorizes entry. If the City of Ca
representative is unable to locate the or other persons having charge or cor the premises, or the owner and/or oc(
refuses the request for entry, the (
Carlsbad is hereby empowered to
assistance from any court of com,
jurisdiction in obtaining entry.
After obtaining legal entry,
representative of the City of Carisbad n
I. Inspect the premises
reasonable times. 2. Carry out any water sar
activities necessary to enforce this Ch
including taking water samples fror
property of any person which any auth' representative of the City of Ca
reasonably believes is currently, or t
the past, caused or contributed to Q
an illegal storm water discharge to the
water conveyance system. Upon requ
the property owner or hidher auth
representative, split water samples st
given to the person from whose propel
samples were obtained.
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3. Stop and inspect any vehicle
reasonably suspected of causing or
contributing to an illegal discharge to the
storm water conveyance system.
4. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illegal discharge or whether the requirements of
this chapter are met.
5. Photograph any effluent
stream, material or waste, material or waste
container, container label, vehicle, waste
treatment process, waste disposal site connection, or condition believed to
contribute to storm water pollution or
constitute a violation of this Chapter.
6. Review and obtain a copy of the Storm Water Pollution Prevention Plan
prepared by a facility operator, if such a plan
is required of the facility.
7. Require the facility operator to
retain evidence, as instructed by the
inspector, for a period not to exceed 30
days.
8. Review and obtain copies of all
storm water monitoring data compiled by the
facility, if such monitoring is required of the
facility.
B. Routine or area inspections shall be
based upon such reasonable selection processes as may be deemed necessary to
carry out the objectives of this ordinance,
including but not limited to random sampling
and/or sampling in areas with evidence of
storm water contamination, illegal
discharges, discharge of non-storm water to the storm water system, or similar factors.
1 5.1 2.11 0 Inspection Procedures--
Additional Requirements.
During the inspection, the Enforcement
Official shall comply with all reasonable
security, safety, and sanitation measures. In
addition, the Enforcement Official shall
comply with reasonable precautionary
measures specified by the owner andor occupant or facility operator.
At the conclusion of the inspection, and
prior to leaving the site, the Enforcement
Official shall make every reasonable effort to
review with the owner and/or occupant or
the facility operator each of the violations
noted by the Enforcement Official and any
corrective actions that may be necessary. A
report listing any violation found by the
Enforcement Official during the inspection
shall be kept on file by the Enforcc
Agency. A copy of the report Sh;
provided to the owner and/or occup;
facility operator, or left at the Premises
Person is available. If corrective act
required, then the occupant, facility o
and/or facility operator shall implemc
plan of corrective action based up
written plan of correction, submitted t
Enforcement Agency, which states
corrective actions to be taken an(
expected dates of completion. Failh
implement a plan of correction constitu
violation of this Chapter.
adequate identification. Enforcc
Officials and other authorized pers,
shall identify themselves when enterin!
property for inspection purposes or
inspecting the work of any contractor.
With the consent of the property o
or occupant or pursuant to a search wal
the Enforcement Official is authorize
establish on any property that disch:
directly or indirectly to the municipal 5
Water Conveyance System such devicc
are necessary to conduct samplin!
metering operations. During all inspec
as provided herein, the official my
samples of materials, wastes, and/or effl
as deemed necessary to aid in the pursl
the inquiry or in the recordation of
activities onsite.
15.1 2.1 20 Containment, Cleanup,
Notification of Spills.
It is unlawful for any Person ownin occupying any Premises who has knowlc
of any release of Significant Quantitie
materials, Pollutants, or waste which
result in Pollutants or Non-Storm v\
discharges entering the City's Storm v\
Conveyance System to not immediately
all reasonable action to contain, minim
and clean up such release. Such Per
shall notify the City of Carlsbad of
occurrence and/or County of San Di
Department of He
Services/Environmental Health Servi
Hazardous Materials Management Divis
and any other appropriate agency of occurrence as soon as possible, but no I:
than 24 hours from the time of the incide
occurrence.
All Enforcement Officials shall
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15.12.130 Testing, Monitoring or
A. The Enforcement Official may
require that any Person engaged in any
activity and/or owning or operating any
facility which causes or contributes to Storm
Water pollution or contamination, Illegal
Discharges, and/or discharge of Non-Storm
Water to the Storm Water Conveyance
System perform monitoring, including
physical and chemical monitoring and/or analyses and furnish reports as the
Enforcement Official may specify if:
1. The Person, or facility owner or
operator, fails to eliminate Illegal Discharges
within a specified time after receiving a
written notice to do so by the Enforcement
Official.
2. The Enforcement Official has
documented repeated violations of this
Chapter by the Person or facility owner or
operator which has caused or contributed to
Storm Water pollution.
It is unlawful for such Person or facility
owner or operator to fail or refuse to
undertake and provide the monitoring,
analyses, and/or reports specified. Specific
monitoring criteria shall bear a relationship
to the types of Pollutants which may be
generated by the Person's activities or the
facility's operations. If the Enforcement Agency has evidence that a Pollutant is
originating from a specific Premises, then
the Enforcement Agency may require
monitoring for that Pollutant regardless of
whether said Pollutant may be generated by
routine activities or operations. The Person
or facility owner or operator shall be
responsible for all costs of these activities,
analyses and reports. B. Any Persons required to monitor
pursuant to Paragraph A, above, shall
implement a Storm Water monitoring
program including, but not limited to, the
following:
1. Routine visual monitoring for
dry weather flows.
2. Routine visual monitoring for
spills which may pollute Storm Water runoff.
3. A monitoring log including
monitoring date, potential pollution sources,
as noted in 1 and 2, and a description of the
mitigation measures taken to eliminate any
potential pollution sources.
C. The Enforcement Official may
require a Person, or facility owner or
Mitigation Required--When.
operator, to install or implement !
Water pollution reduction or c
measures, including, but not limite
process modification to reduce
generation of Pollutants or a pretrea
program approved by the Regional I
Quality Control Board andor the C
Carlsbad if:
1. The Person, or facility ow
operator fails to eliminate Illegal Disch
after receiving a written notice fror
Enforcement Official.
2. The Person, or facility ow
operator, fails to implement a Storm
Pollution Prevention Plan, as required I
Enforcement Official. 3. The Enforcement Offici;
documented repeated violations 01
Chapter any such Person or facility ow
operator which has caused or contribu
Storm Water pollution.
D. If testing, monitoring or miti'
required pursuant to this Chaptel
deemed no longer necessary bl
Enforcement Official, then any or all
requirements contained in Paragraphs
and C may be discontinued.
E. A Storm Water monitoring prc
prepared and implemented pursuant 1
State-issued NPDES General Permit
be deemed to meet the requirement:
monitoring program for the purposes I
Chapter.
15.12.140 Concealment
Causing, permitting, aiding, abett
concealing a violation of any provision
Chapter is unlawful and shall constii
separate violation of this Chapter.
15.12.150 Administrative Enforcc
Powers
The Enforcement Agency
Enforcement Official can exercise
enforcement powers as provided in CI
1.08 of this Code. In addition to the g
enforcement powers provided in CI
1.08 of this Code, the Enforcement A
and Enforcement Official have the au
to utilize the following adminis
remedies as may be necessary to e
this Chapter:
the Enforcement Official finds tt
discharge has taken place or is likely t
place in violation of this Chaptel
A. Cease and Desist Orders.
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Enforcement Official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge
and direct that those Persons not complying shall:
1. Comply with the applicable
provisions and policies of this Chapter.
2. Comply with a time schedule
for compliance.
3. Take appropriate remedial or
preventive action to prevent the violation
from recurring.
Whenever the Enforcement Official finds any
oil, earth, dirt, grass, weeds, dead trees, tin
cans, rubbish, refuse, waste or any other
material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or
upon any parcel of land or grounds, which
may result in an increase in Pollutants
entering the City’s Storm Water Conveyance
System or a Non-Storm Water discharge to
the City’s Storm Water Conveyance System,
the Enforcement Official may issue orders
and give written notice to remove same in
any reasonable manner. The recipient of
such notice shall undertake the activities as
described in the notice.
C. Storm Water Pollution Prevention
Plan. The Enforcement Official shall have
the authority to establish elements of a
Storm Water Pollution Prevention Plan, and
to require any owner or occupier of any
Premises to adopt and implement such a
plan pursuant to Section 15.12.080.B. 1 .a.,
as may be reasonably necessary to fulfill the purposes of this Chapter.
D. Employee Training Program. The
Enforcement Official shall have the authority
to establish elements of an Employee
Training Program, as may be necessary to
fulfill the purposes of this Chapter, where
such a Program has been required as an
element of a Storm Water Pollution Prevention Plan.
E. Civil Penalties. Any Person who
violates any of the provisions of this Chapter
or who fails to implement a Storm Water
monitoring plan, violates any cease and
desist order or Notice to Clean and Abate, or
fails to adopt or implement a Storm Water
Pollution Prevention Plan as directed by the
Enforcement Official shall be liable for a civil
penalty not to exceed $1,000 for each day
such a violation exists. The violator shall be
charged for the full costs of any
B. Notice to Clean and Abate.
investigation, inspection, or mon
survey which led to the detection c
such violation, for abatement costs, a
the reasonable costs of preparinc
bringing legal action under this subsel In addition to any other appl
procedures, the Enforcement Agenc:
utilize the lien procedures listed in s
15.12.160.C.6 to enforce the vic
liability. The violator may also be liat
compensatory damages for impairmen
or destruction to water quality, wildlift
and aquatic life.
15.12.160 Administrative Notice,
Hearing, and Appeal
Procedures.
A. Unless otherwise provided t
any notice required to be given b
Enforcement Official under this chapte be in writing and served in person
registered or certified mail. If served by
the notice shall be sent to the last ad
known to the Enforcement Official. L
the address is unknown, service m:
made upon the owner of record c
property involved. Such notice sh:
deemed to have been given at the til
deposit, postage prepaid, in a I
regularly serviced by the United :
Postal Service whether or not the regi!
or certified mail is accepted.
B. When the Enforcement C
determines that a violation of one or
provisions of this chapter exists or
occurred, any violator(s) or prc
owner(s) of record shall be served b
Enforcement Official with a written F
and Order. The Notice and Order shall
the Municipal Code Section vi0
describe how violated, the location
date(s) of the violation(s), and descrit
corrective action required. The Notia
Order shall require immediate corn action by the violator(s) or property ow!
and explain which method(s)
administrative enforcement are being ua
by the Enforcement Official: Cease
Desist Order, Notice to Clean and E4
establishment of a Storm Water Pol
Prevention Plan, and/or establishment
Employee Training Program. The b
and Order shall also explain
consequences of failure to comply, incl
that civil penalties shall begin to immec
accrue if compliance is not achieved 1
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ten (IO) days from the date the Notice and Order is issued. The Notice and Order shall identify all hearing rights. The Enforcement
Official may propose any enforcement action
reasonably necessary to abate the violation.
C. If the violation(s) is not corrected
within ten (IO) days from the date the Notice
and Order is issued, the Enforcement
Official shall request the City Manager to
appoint a Hearing Officer and fix a date,
time, and place for hearing, The
Enforcement Official shall give written notice
thereof to the violator(s) or owner(s) of
record, at least ten (IO) days prior to the
date for hearing.
1. The Hearing Officer shall
consider any written or oral evidence
presented to determine whether the
violation(s) exists, a Cease and Desist Order
should be required, a Notice to Clean and
Abate should be required, a Storm Water
Pollution Prevention Plan should be
required, an Employee Training Program should be required, and/or Civil Penalties should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and
promulgated by the City Manager.
2. In determining whether action
should be taken or the amount of a civil
penalty to be imposed, the Hearing Officer
may consider any of the following factors:
a. Duration of the
violation(s).
b. Frequency or recurrence. c. Seriousness.
d. History.
e. Violator’s conduct after
issuance of the Notice and Order.
f. Good faith effort to
comply.
g. Economic impact of the
penalty on the violator(s).
h. Impact of the violation on
the community.
i. Any other factor which
justice may require.
3. If the violator(s) or owner(s) of
record fail to attend the hearing, it shall
constitute a waiver of the right to a hearing
and adjudication of all or any portion of the
Notice and Order.
4. The Hearing Officer shall
render a written decision within ten (IO) days
of the close of the hearing, including findings
of fact and conclusions of law, identifying the
time frame involved and the f8
considered in assessing civil penalt
any. The decision shall be eff
immediately unless otherwise stated decision. The Hearing Officer shall
the decision to be served on
Enforcement Official and all partici
violators or owners of record.
5. If the persons assessel
penalties fail to pay them within thc specified in the Hearing Officer’s del
the unpaid amount constitutes eitl
personal obligation of the person ass
or a lien upon the real property on whi
violation occurred, in the discretion Enforcement Official. If the violatior
not corrected as directed the civil F
continues to accrue on a daily basis.
penalties may not exceed $100,000
aggregate. When the violatic
subsequently corrected, the Enforc
Official shall notify the violator(s)
owner(s) of record of the outstandin
penalties and provide an opportuni
hearing if the amount(s) is disputed
ten (IO) days from such notice.
6. The Enforcement Officia
take all appropriate legal steps to 1
these obligations, including referral
City Attorney for commencement of
action to recover said funds. If collec
a lien, the Enforcement Official shall ci
notice of lien to be filed with the (
Recorder, inform the County Auditc County Recorder of the amount (
obligation, a description of the real pr
upon which the lien is to be recoverel
the name of the agency to whic
obligation is to be paid. Upon payr full, the Enforcement Official shall
release of lien with the County Recordc
15.12.170 Judicial Enforcement.
A. Criminal Penalties. Any persc
violates any provision of this Chapter (
fails to implement a Storm Water mon
plan, violates any cease and desist 01
Notice to Clean and Abate, or fails to
or implement Storm Water PC
Prevention Plans or Employee TI
Programs as directed by the Enforc
Official shall be punished, upon con\
by a fine not to exceed $1,000 for ea1
in which such violation occur:
imprisonment in the San Diego County
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for a period not to exceed six (6) months, or
both. B. InjunctionlAbatement of Public
Nuisance. Whenever a discharge into the
Storm Water Conveyance System is in
violation of the provisions of this Chapter or
otherwise threatens to cause a condition of
contamination, pollution, or nuisance, the
Enforcement Official may also cause the City
to seek a petition to the Superior Court for the issuance of a preliminary or permanent
injunction, or both, or an action to abate a
public nuisance, as may be appropriate in
restraining the continuance of such
discharge.
C. Other Civil Action. Whenever a
Notice and Order or Hearing Officer's
decision is not complied with, the City
Attorney may, at the request of the
Enforcement Official, initiate any appropriate
civil action in a court of competent
jurisdiction to enforce such Notice and Order
and decision, including the recovery of any
unpaid Storm Drain Fees and/or civil
penalties provided herein.
15.12.180 Violations Deemed a Public
In addition to the other civil and criminal
penalties provided herein, any condition
Nuisance.
Ill
Ill
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I//
Ill
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111
111
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Ill
111
Ill
caused or permitted to exist in violai
any of the provisions of this Chapte
threat to the public health, safety
welfare and is declared and deemed a
nuisance, which may be summarily L
and/or restored as directed by
Enforcement Official in accordance wi
procedures identified in Chapter 6.16,
action to abate, enjoin or otherwise c
the cessation of such nuisance may ai
taken by the City, if necessary.
The full cost of such abatemer
restoration shall be borne by the OWI
the property and the cost thereof shal,
lien upon and against the proper
accordance with the procedures set fc
section 15.12.160.C.6.
15.1 2.190 Remedies Not Exclusive
Remedies set forth in this Chaptc
not exclusive but are cumulative to all
civil and criminal penalties provided b
including, but not limited to, p.
provisions of the Federal Clean Wate
andlor the State Porter-Cologne \
Quality Control Act. The seeking of
federal andlor state remedies shall
preclude the simultaneous commence
of proceedings pursuant to this Chapter
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1 II EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adc
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and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and caus
be published at least once in a newspaper of general circulation in the City of Carlsbad
fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council held (
day of , 1997, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the day of , 1997 by the following vote, to wit:
AYES:
NOES:
ABSENT
CLAUDE A. LEWIS, Mayor
ATTEST
6'
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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