Loading...
Ordinance Number 1062ORDINANCE NO. 1062 JAN ORDINANCE OF THE CIN COUNCIL OF THE CIN OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING STORMWATER QUALITY WHEREAS, on September 2, 1997, the City of San Juan Capistrano ("City") first adopted Ordinance No. 799 regarding stormwater management and urban runoff ("Water Quality Ordinance") to comply with San Diego Regional Water Quality Control Board ("Regional Board") Order No. R9-2002-0001, Waste Discharge Requirements for Discharges of Runoff from the Municipal Separate Storm Sewer Systems ("MS4s") Draining the Watershed of the County of Orange, the Incorporated Cities of Orange County, and The Orange County Flood Control District Within the San Diego Region ("Permit"); and WHEREAS, on December 16, 2009, the Regional Water Board reissued the Permit (Order No. R9-2009-0002) with more stringent state requirements governing stormwater management and urban runoff; and WHEREAS, on January 4, 2011, the City adopted Ordinance No. 979 to revise its Water Quality Ordinance to comply with the reissued Permit, including requirements regarding low impact development, hydromodification and other requirements governing commercial, industrial and residential development and other activities; and WHEREAS, in compliance with the Permit, the City Attorney's office submitted a statement of legal authority certifying to the Regional Board that the City has adequate legal authority to enforce its Water Quality Ordinance; and WHEREAS, on May 8, 2013, the Regional Water Board adopted a regional MS4 Permit (Order No. R9-2013-0001) that applied to portions of Orange County, including the City, as well as San Diego County and portions of Riverside County, and the Regional Board formally enrolled the City in the regional Permit on February 11, 2015 (Order No. R9-2015-0001); and WHEREAS, on June 19, 2018, the Regional Board approved the City's water quality improvement plan, as required by the Permit, which commits the City to certain stormwater program requirements as a condition of being deemed in compliance with the Permit; and WHEREAS, by January 31, 2019, the City must file an annual report updating the Regional Board on the City's efforts under the water quality improvement plan, including submitting an updated statement of legal authority by the City Attorney; and WHEREAS, the City has determined that certain additional amendments to its Water Quality Ordinance are necessary to address the City's water quality improvement plan and the City's ability to impose best management practices on existing commercial, u industrial and residential activities and to clarify the City's legal authority to implement the Permit; and WHEREAS, this Ordinance is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 8, Chapter 14 of the San Juan Capistrano Municipal Code is hereby replaced in its entirety to read as follows: CHAPTER 14. WATER QUALITY REGULATIONS Sec. 8-14.101. Purpose. (a) The Clean Water Act [33 USC Section 1251 et seq., as amended, including Section 402(p) therein] ) and the Porter -Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq., as amended) mandate, in part, that municipal separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit nonstormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable ..." This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control nonpoint source discharges to California's waterways. (b) The San Diego Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing waste discharge requirements governing stormwater runoff for the County, Orange County Flood Control District and the incorporated cities of Orange County. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System Permit or "NPDES Permits." (c) The City is participating as a "co -permittee" under the NPDES Permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act. (d) Runoff is one step in the cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States. (e) The general purpose of this chapter is to protect the health and safety of the waters of the State of California and the United States, for those who use the waters for recreation and food sources, and for the marine habitats and ecosystems existing in the waters by: K (1) Effectively prohibiting nonstormwater discharges into the stormwater drainage system; (2) Reducing pollutant loads in surface runoff, including in stormwater, to the maximum extent practicable; (3) Establishing minimum requirements for surface runoff management, including source control requirements, to prevent and reduce pollution; (4) Establishing requirements for development and redevelopment project site designs to reduce surface runoff pollution and erosion; and (5) Establishing requirements for the management of surface runoff flows from development and redevelopment projects, both to prevent erosion and to protect and enhance existing water -dependent habitats. (f) The intent of this chapter is to enhance and protect the water quality of waters of the State and the United States in a manner that is consistent with the Clean Water Act and State law. (Ord. No. 979, § 1, 2011) Sec. 8-14.102. Definitions. As used in this chapter: u (a) "Authorized inspector" shall mean the Director of Engineering and persons designated by and under his/her instruction and supervision, who are assigned or contracted to investigate compliance with, detect violations of and/or take actions pursuant to this chapter. (b) "Best Management Practices (BMPs)" shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater drainage system. BMPs may be structural or nonstructural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this Article. (c) "City" shall mean the City of San Juan Capistrano, Orange County, California. (d) "Co -permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the municipalities, including the City of San Juan Capistrano, which are responsible for compliance with the terms of the NPDES permit. (e) "DAMP" shall mean the Orange County Drainage Area Management Plan, including the City's adopted JRMP, as the same may be amended from time to time. 3 (f) "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semisolid or solid substance. (g) "Discharge exception" shall mean the group of activities not prohibited by this chapter as set forth in this definitions section and section 8-14.104. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception. (h) "Enforcing attorney" shall mean the City Attorney or District Attorney acting as counsel to the City of San Juan Capistrano and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the enforcing attorney. (i) "EPA" shall mean the Environmental Protection Agency of the United States. (j) "Invoice for costs" shall mean the actual costs and expenses of the City, including, but not limited to, administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to this chapter, or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 8-14.110 of this chapter is utilized to obtain compliance with this chapter. (k) "Illicit connection" shall mean any manmade conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made. (1) "JRMP" shall mean the City of San Juan Capistrano Stormwater Local Implementation Plan, including all appendices, as the same may be amended or revised from time to time. The JRMP is the document detailing the City's local implementation of the DAMP, and is equivalent to the "Jurisdictional Urban Runoff Management Plan" as defined in the NPDES permit. (m) "Legal nonconforming connection" shall mean connections to the stormwater drainage system existing as of the adoption of the ordinance codified in this section that were in compliance with all Federal, State and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including, but not limited to, any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Waste Discharge Pretreatment and Source Control Program, City Ordinance No. 791. (n) "New development" shall mean all public and private residential (whether single-family, multi -unit or planned unit development), industrial, commercial, retail, and 4 other nonresidential construction projects, or mass grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required. (o) "NPDES permit" shall mean the currently applicable municipal discharge permit issued by the California Regional Water Quality Control Board, San Diego Region, which permit establishes waste discharge requirements applicable to stormwater runoff in the City. (p) "Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. (q) "Pollutant" means any liquid, solid, or semi-solid substances, or combination thereof, as that terms is used or defined in the Clean Water Act (33 U.S.C. § 1251, et seq., or Porter -Cologne Water Quality Control Act (Cal. Water Code, § 13000 et seq.) or any order issued pursuant to those laws. (r) "Priority Development Project" means new development and redevelopment projects defined under Provision E.3.b of the City's NPDES Permit. (s) "Private property" shall mean any real property, irrespective of ownership, which is not open to the general public. (t) "Prohibited discharge" shall mean any discharge, which is not composed entirely of stormwater or which contains any pollutant, from public or private property to (i) the stormwater drainage system; (ii) any upstream flow, which is tributary to the stormwater drainage system; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (iv) any coastal harbor, bay, or the Pacific Ocean. The term "prohibited discharge" shall not include: (a) Discharges occurring in compliance with the NPDES permit, (b) Discharges occurring pursuant to a state general permit or other Regional Water Quality Control Board, State Water Resources Control Board or U.S. Environmental Protection Agency issued NPDES permit or permit waiver, or (c) Discharges allowable under the discharge exception. (u) "Redevelopment" means the creation, addition, and or replacement of Impervious Surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of Impervious Surfaces. Replacement of Impervious Surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair. 5 M "Responsible party" shall mean the person(s) identified in and responsible for compliance with the provisions of a water quality management plan approved by the City. (w) "State General Permit" shall mean either the Waste Discharge Requirements for Discharges of Storm Water Associated With Industrial Activities Excluding Construction Activities Permit (State Industrial General Permit) or the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated With Construction and Land Disturbance Activities (State Construction General Permit) and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency revokes the in -lieu permitting authority of the State Water Resources Control Board, then the term "State General Permit" shall also refer to any EPA administered stormwater control program for industrial and construction activities. (x) "Stormwater drainage system" means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the countywide stormwater runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any co -permittee city and used for the purpose of collecting, storing, transporting, or disposing of stormwater. (Ord. No. 979, § 1, 2011) Sec. 8-14.103. Prohibition on illicit connections and prohibited discharges. (a) It is unlawful for any person to: (1) Discharge non-stormwater or any pollutant to the city's stormwater drainage system except in compliance with the requirements of this chapter. (2) Construct, maintain, operate or use any illicit connection. (3) Cause, permit, allow or facilitate any prohibited discharge. (4) Act, cause, permit or suffer any agent, employee, or independent contractor to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. (5) Discharge any material into the stormwater drainage system, or any water body within the city's jurisdiction that may cause or threaten to cause a condition of pollution, contamination, or nuisance within the meaning of California Water Code Section 13050. (b) Any owner or operator of an illicit connection must immediately cause the connection to be removed or eliminated. (c) A civil or administrative violation of this Section occurs irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. G (d) If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception does not apply to the subject discharge upon delivery of the notice. Sec. 8-14.104 Conditionally allowed discharges. (a) Notwithstanding the prohibitions in Section 8-14.103, the following non - storm water discharges are conditionally permitted if they comply with the following requirements: (1) Any discharge to the stormwater drainage system that is regulated under an NPDES permit issued to the discharger and administered by the State of California pursuant to Division 7 of the California Water Code is conditionally allowed, provided the discharger is in compliance with all requirements of the NPDES permit, waste discharge requirement, and other applicable laws and regulations. (2) The following non -storm water discharges to the stormwater discharge system are allowed only if: (i) the discharger obtains coverage under an NPDES permit issued by the Regional Board for the discharge or the Regional Board determines in writing that coverage under an NPDES permit is not required; and (ii) the discharger is in compliance with all requirements of the applicable NPDES permit, waste discharge requirement, waiver, or other conditions imposed by the Regional Board, and all other applicable laws and regulations. Otherwise, non -storm water discharges from the following categories are illicit discharges: (i) Discharges from uncontaminated pumped groundwater; (ii) 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; (iii) Discharges from crawl space pumps; (iv) . 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; (v) Water line flushing and water main breaks; (vi) Discharges from recycled or reclaimed water lines (3) Non -storm water discharges to the stormwater drainage system from the following categories are conditionally allowed, unless the City or Regional Board identifies the discharge as a source of pollutants to the stormwater drainage system or receiving waters: VA (i) Discharges from diverted stream flows; Discharges from rising groundwater; (iii) Discharges from uncontaminated groundwater infiltration to the Stormwater Discharge System; (iv) Discharges from springs; (v) Discharges from riparian habitats and wetlands; (vi) Discharges from potable water sources, except discharges from water lines requiring an NPDES permit, as set forth in subsection A.2 of this section. (4) Non -storm water discharges from the following categories are conditionally allowed if they are addressed with BMPs as set forth in the DAMP and JRMP. Otherwise, non -storm water discharges from the following categories are illicit discharges: Air conditioning condensation, (ii) Individual residential vehicle washing, and (iii) Water from swimming pools. (5) Non -storm water discharges to the stormwater drainage system from firefighting activities are conditionally allowed if they are addressed as follows: (i) Non -emergency firefighting discharges. Non -emergency firefighting discharges, including building fire suppression system maintenance discharges (e.g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities must be addressed by BMPs as set forth in the DAMP and JRMP to prevent the discharge of pollutants to the Stormwater Discharge System. (ii) Emergency firefighting discharges. During emergencies, priority of efforts should be directed toward life, property, and the environment. Emergency firefighting discharges must be addressed by BMPs that do not interfere with emergency response operations or impact public health and safety. (b) Notwithstanding the categories of non -storm water discharges conditionally allowed by subdivision (a), if the City or Regional Board determines that any of these otherwise conditionally allowed non -storm water discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges are prohibited from entering the Stormwater Drainage System. Sec. 8-14.105. Control of urban runoff from new development and redevelopment. 8 (a) All new development and redevelopment. All development projects within the City must be undertaken in compliance with the following: (1) Any person proposing a development project in the City, regardless of whether a permit is required for such work, must effectively prohibit pollutants from entering the storm water conveyance system by complying with all applicable local ordinances and the DAMP and JRMP. To the extent any requirements in an applicable NPDES permit, design manual, or plan conflict with any other provision of this Ordinance, the requirement that is most protective of the environment prevails. At a minimum, (i) Onsite BMPs must be located so as to remove pollutants from runoff prior to discharging to any receiving waters or to the storm water conveyance system, and be located as close to the source as possible and must be designed and implemented to avoid creating nuisance or additional pollutant sources, including those associated with vectors; and (ii) Structural BMPs must not be constructed within waters of the United States; and (iii) source control, low impact development BMPs must be implemented where applicable and feasible (2) Prior to the issuance by the City of a grading permit or building permit for any new development or redevelopment, the project applicant must submit project plans demonstrating compliance with all applicable local ordinances, the CASQA standards, and the City's DAMP and JRMP. At a minimum, the following requirements apply to all new development and redevelopment: (i) The owner or applicant of a new development or redevelopment project must submit a storm water quality management plan in accordance with the DAMP and JRMP. The plan must describe the manner in which BMPs required by this chapter will be implemented and maintained. (ii) All new development and redevelopment projects must be designed, constructed, and maintained to employ post -construction BMPs, consistent with the DAMP and JRMP. (3) The owner of a new development or redevelopment project, or upon transfer of the property, its successors and assigns, must implement and adhere to the terms, conditions and requirements imposed pursuant to this chapter and any permit or other authorization or mechanism imposing conditions pursuant to this chapter. Failure by the owner of the property or its successors or assigns to implement and adhere to the terms, conditions and requirements imposed pursuant to this section constitutes a violation of this chapter. (4) The property owner must record the WQMP for the development or a notice of the WQMP with the Orange County Clerk -Recorder's Office. The Director may, E in the Director's sole discretion, accept an alternative mechanism for the ongoing long- term maintenance of all structural BMPs. (b) Priority Development Projects (PDP). In addition to the requirements in subdivision (b)(3), PDPs are subject to the following requirements: (1) Compliance with Section 8-14.106, Water Quality Management Plan requirements. (2) The owner or applicant of a PDP must install and implement BMPs in accordance with the requirements of this chapter prior to receiving final approval of the project or as otherwise specified in the conditions of approval, including the following: (i) All PDPs must be designed, constructed, and maintained to employ post -construction BMPs consistent with the DAMP and JRMP, including but not limited to the following: (A) Low impact development BMPs designed to retain (intercept, store, infiltrate, evaporate, and evapotranspire) onsite the pollutants contained in the volume of storm water runoff produced from a 24-hour 85th percentile storm event (design capture volume). If applicant demonstrates, to the Director's satisfaction, that onsite retention is not technically feasible, biofiltration or flow-thru BMPs may be used in accordance with the following: I. Biofiltration BMPs must be designed to have an appropriate hydraulic loading rate to maximize storm water retention and pollutant removal; prevent erosion, scour, and channeling within the BMP; and be sized to treat 1.5 times the design capture volume not reliably retained onsite. II. If biofiltration BMPs are not technically feasible, flow thru treatment control BMPs may be used; provided however, that such BMPs must treat the design capture volume not reliably retained onsite and must be sized and designed in accordance with the requirements of the NPDES permit and DAMP and JRMP. (B) Hydromodification management BMPs that are sized and designed such that post -project runoff conditions (flow rates and durations) will not exceed the pre -development runoff conditions by more than 10 percent (for the range of flows that result in increased potential for erosion or degraded instream habitat downstream of the Priority Development Project). A PDP may be exempt from the hydromodification management BMP requirements in this subsection, at the discretion of the Director, where the project discharges water to any of the following: existing underground storm drains that discharge directly to water storage reservoirs, lakes, enclosed embayments, or the Pacific Ocean; conveyance channels whose bed and bank are concrete lined from the point of discharge to the water storage reservoir, lake, enclosed embayment, or the Pacific Ocean; or an area the City deems appropriate for an exemption pursuant to any Watershed Management Area Analysis incorporated into an applicable Water Quality Improvement Plan accepted by the Regional Board. 10 (3) All PDPs must avoid critical course sediment yield areas identified by the City or in any Watershed Management Area Analysis accepted by the Regional u Water Board unless measures are implemented that allow for no net impact from critical coarse sediment to the receiving water and comply with the DAMP and JRMP. (4) As a condition of development, the owner of PDPs must, prior to occupancy of the development, enter into an agreement for maintenance of any BMPs with the City. Except as otherwise provided in this chapter, the agreement must be recorded to run with the land and be binding upon the owner, heirs, and successors in interest to the project and to any real property developed in conjunction with the project in perpetuity. The agreement must include an annual requirement that verification of the effective operation and maintenance of each approved BMP be conducted by the owner. Maintenance must be performed by the owner and certified to the City prior to each rainy season. The agreement must also include a right of entry on the part of the City for the purpose of inspecting and confirming the condition of permanent BMPs and to perform maintenance or repairs where operation and maintenance is not conducted in a proper or timely fashion. (c) The project applicant must submit provide for and submit proof of the ongoing long-term maintenance of all BMPs. Compliance with the conditions and requirements of the DAMP and JRMP does not exempt any person from the requirement to independently comply with each provision of this chapter. (d) The project applicant must reimburse the city for all costs and expenses ILI incurred by the city in the review of new development or significant development projects for compliance with the DAMP. The city may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses will be deducted from the deposit, and the balance, if any, refunded to the project applicant Sec. 8-14.106 Water quality management plan requirements. (a) PDP applications. The applicant for every PDP must prepare and submit to the City a WQMP. The City may require a fee, to be paid by the project applicant, for review of the WQMP. The WQMP must include proposed BMPs as specified in the NPDES permit and this chapter, and the WQMP must be prepared in conformance with the JRMP, including the City's Model WQMP. (b) Compliance with WQMP requirements. No applicant for a PDP may commence any land disturbing activities in connection with the proposed project without first submitting and obtaining the City's approval of a WQMP for the project. All WQMPs must be consistent with the City's Model WQMP, including demonstrating compliance with all applicable WQMP requirements and low impact development and hydromodification requirements provided for in the City's JRMP. 11 (c) Implementation of WQMP. All best management practices set forth in the approved project specific WQMP, including but not limited to, any applicable low impact development requirements, must be implemented and maintained at all PDPs , by the developer, owner, and/or other responsible party. Sec. 8-14.107 Control of urban runoff at all construction projects. (a) Construction and Grading Permits. In addition to the requirements set forth in Section 8-14.105, prior to issuance of any permit or authorization that allows the commencement of activities involving ground or soil disturbance that can potentially generate pollutants in storm water runoff, the project proponent must: (1) Submit a pollution control plan, construction BMP plan, and/or an erosion and sediment control plan, meeting the requirements of the DAMP and JRMP; (2) Obtain and submit evidence of coverage under the statewide Construction General Permit (State Water Resources Control Board Order No. 2009- 0009-DWQ), as amended or reissued, if applicable. (b) The person in charge of each construction site must comply with all conditions of the Construction General Permit and implement BMPs to prohibit all discharges except for the storm water and non-stormwater discharges specifically authorized by a state general permit or other NPDES permit. BMPs must be site specific, seasonally appropriate, and construction phase appropriate. Dry season BMP implementation must plan for and address unseasonal rain events. At a minimum, BMPs t must be selected and implemented in accordance with the DAMP and JRMP. For those construction sites that are tributary to impaired water bodies and/or that are within or directly adjacent to or discharging directly to receiving waters within environmentally sensitive areas, such BMPs must include such additional controls as the authorized inspector may require. (c) Inspections. Construction and grading sites, and discharges from such sites and operations, are identified under the NPDES permit as creating increased threats to water quality during the rainy season. The authorized inspector is authorized to inspect each high priority construction site at least once weekly during the rainy season, during normal business hours. The authorized inspector may further inspect each medium/low priority construction site, at least twice during the rainy season. (d) Cost Recovery. The project applicant must reimburse the city for all costs and expenses incurred in the review of submissions required by this section. The city may elect to require a deposit of estimated costs and expenses, and deduct the actual costs and expenses from the deposit, and refund the balance, if any, to the project applicant. (Ord. 302 § 48, 2018; Ord. 221 § 1, 2011) 12 Sec. 8-14.108 BMP implementation. 1 (a) Each owner, operator, or person in charge of day to day activities of any site that has the potential to discharge a pollutant to the City's stormwater drainage system must implement those BMPs as may be designated by the Authorized Inspector, City Engineer or Director. Properties with a high potential threat of discharge may be required to implement a monitoring program that meets standards as determined necessary by the City (b) Structural BMP maintenance requirement. Every person owning or operating property which includes a structural BMP, must comply with the following: (1) Ensure that every structural BMP is operating effectively and is being adequately maintained. (2) Provide an annual verification of the effective operation and maintenance of every structural BMP, maintain the annual verification records, and provide the annual verification records to authorized enforcement staff upon request. (c) Monitoring Programs. Every person owning property or conducting any activity, operation or facility must implement any monitoring program that may be required by the Director pursuant to the DAMP, JRMP, NPDES permit, or any enforcement under this chapter. (d) Litter control. No person shall discard any waste material, including, but not limited to, common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including, but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system. (e) Every person occupying or having charge and control of private property on which a prohibited disposal of waste materials occurs must cause the property collection and disposal of same. A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property. (Ord. No. 979, § 1, 2011) Sec. 8-14.109. Inspections. (a) Right to inspect. Except where exigent circumstances require immediate entry or for annual inspections as required by the DAMP or JRMP, prior to commencing any inspection pursuant to this chapter, the authorized inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant. For inspections required by the DAMP, JRMP, NPDES permit or enforcement action, the authorized inspector may inspect a property or facility during normal business hours upon twenty-four (24) hours' written 13 notice to the owner, operator, or person responsible for the day to day activities of such property or facility. (b) Entry to inspect. The authorized inspector may enter property to investigate a violation or potential violation of this chapter; to inspect the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City; and to conduct an annual or follow-up inspection. (c) Compliance assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including, but not limited to: (1) Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, (2) Identifying point(s) of discharge of all wastewater, process water systems and pollutants, (3) Investigating the natural slope at the location, including drainage patterns and manmade conveyance systems, (4) Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system, (5) Locating any illicit connection or the source of prohibited discharge, (6) Evaluating compliance with any permit or order issued pursuant to 1 this chapter, and (7) Investigating the condition of any legal nonconforming connection. (d) Portable equipment. For purposes of verifying compliance with this chapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. (e) Records review. The authorized inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, Material Safety Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State General Permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the stormwater drainage system. (f) Sample and test. (1) The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any 14 i� waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The authorized inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. (2) The authorized inspector may require a discharger to undertake any action described in subsection (f)(1). (g) Monitoring. (1) The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system. (2) The authorized inspector may require a discharger to undertake any action described in subsection (g)(1). (h) Test results. The owner or occupant of property subject to inspection must, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector. (i) If an inspection pursuant to this section results in an enforcement action, the discharger must pay the costs of the City's inspection, enforcement, and any remedial measures undertaken by the City. The City may issue an invoice of costs to recover costs pursuant to this section. (Ord. No. 979, § 1, 2011) Sec. 8-14.110. Enforcement generally. (a) The authorized inspector may, in addition to any other remedies provided in this Code or available under applicable law, take enforcement action against violators of this chapter through any combination of the administrative enforcement remedies, as guided by the City's enforcement response plan. (b) This chapter is enforced pursuant to the procedures set forth in the City's Enforcement Response Plan, which is part of the JRMP. (c) Any noncompliance with this chapter or order issued pursuant to this chapter must be corrected no later than 30 days after the violation is discovered, or prior to the next predicted rain event, whichever is sooner. If more than 30 calendar days are required to achieve compliance, the person subject to the administrative remedy must submit an a detailed description of the reasons for the requested time extension. The authorized inspector may issue a compliance schedule in conjunction with any administrative remedy. 15 (d) The authorized inspector may, as part of an administrative remedy pursuant to this chapter, require the owner or occupant to conduct any reporting, or monitoring or sampling that the authorized inspector is otherwise authorized to conduct. (e) Delivery of any administrative enforcement action must occur in accordance with Section 1-7.06. (f) In any action to enforce this chapter, the burden is on the person who is the subject of such action to establish that a discharge was within the scope of a non - prohibited discharge. Sec. 8-14.111. Administrative enforcement. (a) Notice of noncompliance. In accordance with the Enforcement Response Plan, the Authorized Inspector may deliver to the owner or occupant of any property, and to any Person responsible for an Illicit Connection or Prohibited Discharge a notice of noncompliance. The notice of noncompliance must: (1) identify the provision(s) of this chapter or the applicable permit or order which has been violated; (2) state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or Person responsible for an Illicit Connection or a Prohibited Discharge; (3) state a compliance date that must be met by the owner, occupant, or Person; and (4) states that continued noncompliance may result in additional enforcement actions. (b) Administrative compliance orders. In accordance with the Enforcement Response Plan, the authorized inspector may issue an administrative compliance order to include the following terms and requirements: (1) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area; (2) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; (3) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the reasonable potential to contact surface runoff; 16 u (4) Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency; (5) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto. (c) Cease and desist orders. In accordance with the Enforcement Response Plan, the authorized inspector may issue a cease and desist order to direct the owner or occupant of any property and/or any other person responsible for a violation of this chapter to: (1) Immediately discontinue any Illicit Connection or Prohibited Discharge to the Stormwater Drainage System; (2) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; (3) Immediately discontinue any other violation of this chapter; (4) Immediately clean up all areas affected by the violation. (5) Cease and desist with any or all continued work on a project (i.e., a Stop Work Order) until such time as appropriate BMPs are implemented, the Prohibited Discharge is eliminated, or other appropriate actions are taken to ensure compliance with this chapter. No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction. (d) Stop work order. In accordance with the Enforcement Response Plan, the authorized inspector may issue an order identifying the provision(s) of this chapter or applicable permit or order that has been violated and directing any or all work or activities causing or contributing to the noted violation to immediately stop. A person ordered to stop any work or activity in accordance with this section must not restart the work or activity until the city has verified that corrective actions have been implemented and authorizes work or activities to resume. (e) Permit revocation or denial. In accordance with the Enforcement Response Plan, the authorized inspector may suspend, revoke, or deny a permit, license, or other approval for a development project or deny future permits on the project in accordance with the hearing procedures set forth in Section 8-14.111. 17 (f) Monetary fines and penalties. In accordance with the Enforcement Response Plan, authorized inspector may issue a monetary penalty or fine for any violation of this chapter or order or authorization issued pursuant to this chapter. Such 1 fine or penalty is payable directly to the City. Monetary fines and penalties will be assessed in the amounts allowed by law, statute, resolution or ordinance of the city council or, where no amount is specified, in any of the following amounts: $100; $250; $500; $750; or $1,000 per violation, depending on the nature and severity of the violation. (g) Invoice for Costs. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee and/or any other Person who becomes subject to a notice of noncompliance or administrative order, an Invoice for Costs. An Invoice for Costs must be delivered in accordance with subsection 1-7.06. An Invoice for Costs is immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order, including any costs incurred by the City to prevent, contain and/or clean up any potential or actual Discharges to the Stormwater Drainage System. If any owner or occupant, permittee or any other Person subject to an Invoice for Costs fails to either pay the Invoice for Costs or successfully appeal the Invoice for Costs in accordance with Section 8-14.111, then the Enforcing Attorney may institute collection proceedings. (h) Abatement of the discharge of pollutants on public property. Notwithstanding anything in this chapter to the contrary, the City may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of a pollutant on or into any public property, including all publicly owned portions of the stormwater drainage system. All costs and fees incurred by the City or any other responsible governmental agency and/or contractor of the City in this regard may be included within an invoice for costs and recovered against the responsible party or parties in accordance with provisions of this chapter. Sec. 8-14.112 Procedures for administrative enforcement actions (a) Except as set forth in subsection (b) of this section or where the nuisance abatement procedure under section 8-14.112, the appeal and administrative hearing provisions set forth in Chapter 7 of Title 1 of this code, apply to administrative enforcement actions issued to enforce this chapter. (b) Administrative hearing for emergency abatement actions. An administrative hearing following an emergency abatement action shall be held within five (5) business days following the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing. A request for an administrative hearing shall not be required from the person subject to the emergency abatement action. Sec. 8-14.113 Civil remedies (a) Injunctions. At the request of the City Manager, or the person designated by the City Manager, the Enforcing Attorney may cause the filing in a court of competent 18 jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. (b) Order for reimbursement: Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, legal expense, including litigation costs and consulting costs and attorney fees, and costs relating to restoration of the environment and all other expenses as authorized by law. (c) Damages. The City Manager, or the person designated by the City Manager, may cause the Enforcing Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of the chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, legal expenses, including litigation costs, consulting costs and attorney fees all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, (iii) damages for harm to the environment or public property, and (iv) restitution and injunctive, declaratory and such other equitable relief as may be allowed by law. (d) Inspection warrant. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to Section 8-14.110(f). (e) The enforcing attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system. (f) Nuisance. Any condition in violation of the prohibitions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, constitute a threat to the public health, safety, and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771, which may be abated p pursuant to any of the following: (1) Civil Injunction or Abatement. At the request of the Director of Engineering, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance. 19 (2) Administrative Abatement. The Director may institute administrative abatement proceedings in accordance with Section 1-2.10. r (3) Emergency abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Director of Engineering may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. (A) An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment. (B) Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to Section 8-14.111 follows the abatement action. (4) Reimbursement of costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance. (5) Nuisance lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Section 38773.1 and Section 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. (A) At the direction of the Director of Engineering, the enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5. Sec. 8-14.114 Criminal remedies (a) Prosecutor. The enforcing attorney may act on the request of the Director of Engineering to pursue enforcement actions in accordance with the provisions of this chapter. (b) Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable by a fine of not more than one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation, and a fine not exceeding i five hundred dollars ($500.00) for each additional violation occurring within one year. 20 (c) Misdemeanors. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof or violates the terms, conditions and requirements of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or both. (d) Damages. The enforcing attorney may petition the court for any of the following damages: (1) The recovery of all costs incurred and/or to be incurred in the enforcement of this chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, cleanup, administrative expenses, legal fees and costs, and all other expenses as authorized by law, as well as damages to public property and consequential damages; (2) All costs incurred in cleaning up and/or mitigating harm to the environment or public property, or to reduce the threat to human health; (3) Damages for harm to the environment or public property; and (4) Restitution, injunctive, declaratory and such other equitable relief as may be allowed by law. (e) Citations. Pursuant to Penal Code Section 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Section 853.5, Section 853.6, and Section 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney. Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least ten (10) business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited. Sec. 8-14.115 Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter, punishable by fines or sentences issued in accordance herewith. Sec. 8-14.116 Nonexclusive remedies. 21 (f) Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter. The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City to seek any other remedy that may be available by law. (Ord. No. 979, § 1, 2011) (g) Violations of other laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter -Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the San Diego Regional Water Quality Control Boards, or any other appropriate State or local agency, of any alleged violation of this chapter. Sec. 8-14.117. Interagency cooperation. (a) The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act (33 USC Section 1251 et seq.) are met. (b) The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits, and enforcement authorized by this chapter. (Ord. No. 979, § 1, 2011) Sec. 8-14.118. Miscellaneous. (a) Compliance disclaimer. Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, State or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality.. (b) Severability. If any provision of this chapter or the application of the chapter to any circumstance is held invalid, the remainder of the chapter or the application of the chapter to other persons or circumstances shall not be affected. (Ord. No. 979, § 1, 2011) Sec. 8-14.119. Judicial review. The provisions of Section 1094.5 and Section 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence of the event for which the review is sought. (Ord. No. 979, § 1, 2011) 22 SECTION 2. Severability. The City hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the city council that it would have adopted all other provisions of this ordinance independent of the portion as may be declared invalid. SECTION 3. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Culver City, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933. SECTION 5. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published as required by law. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Juan Capistrano this 5th day of February 2019. B ARYOTT,MAYOR 23 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1062 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15th day of January 2019, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of February 207'9, 6Aheffollowing vote, to wit: A ESJUNCIL MEMBERS: Farias, Reeve, Taylor, Bourne and Mayor Maryott N EUNCIL MEMBERS: None A SEUNG111- MEM$ERS.PM�e , CITY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Governm nt Code section 36933(1) of the State of California, on the 171h day of January 20194a least 5 days prior to the adoption of the ordinance, I caused to be posted a certified o y of the proposed ordinance entitled: AN ORDINANCE OF THE CITY i CAPISTRANO, CALIFORNIA AM MUNICIPAL CODE REGARDING This document was posted in the Office of THE CITY OF SAN JUAN SAN JUAN CAPISTRANO =R QUALITY C San Juan 24 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 11'h day of February, I caused to be posted a certified copy of Ordinance No. 1062, adopted by the City Council on February 5, 2019, entitled: AN ORDINANCE OF THE CITY COU�C� E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMEND TH S N JUAN CAPISTRANO MUNICIPAL CODE REGARDING ST R W T QUALITY This document was posted in the Office of MAI�"OI RIS, CITY �E�K San Juan Capistrano, C lifor is 25