Ordinance Number 891ORDINANCE NO. 891
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE WATER QUALITY ORDINANCE, TITLE 8, CHAPTER 14
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recital and Purpose.
Section 8-14.101.E (Additional Purposes) is added to Section 8-
14.101(Purpose) of Chapter 14(Water Quality Regulations) of Title 8(Building
Regulations) of the San Juan Capistrano Municipal Code to read as follows:
The City Council finds and determines the following:
(a) The City Council of the City of San Juan Capistrano adopted the
Storm Water Quality Control Ordinance (Ordinance No. 799) in 1997 to participate in
the improvement of water quality and comply with Federal requirements for the control
of urban pollutants to storm water runoff, which enters the network of storm drains
— throughout Orange County, as set forth in Section 8-14.101 of the San Juan Capistrano
Municipal Code.
(b) On February 13, 2002, the California Regional Water Quality
Control Board, San Diego Region, issued Order No. R9-2002-001 (NPDES No. CAS
0108740) entitled "Waste Discharge Requirements for Discharges of Urban Runoff from
the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the
County of Orange, the Incorporated Cities of Orange County, and the Orange County
Flood Control District within the Region" which is the third permit issued to these
permittees (the "NPDES permit').
(c) The purpose of this Ordinance is to comply with the provisions of
the NPDES permit by amending the Storm Water Quality Control Ordinance to clarify
the authority of the City to enforce Best Management Practices (BMPs) and to make
other changes to that Ordinance.
SECTION 2. Definitions.
Section 8-14.102 (Definitions) of Chapter 14 (Water Quality Regulations)
of Title 8(Building Regulations) of the San Juan Capistrano Municipal Code Municipal
Code is amended to read as follows:
(a) Authorized inspector shall mean the Director of Engineering and
persons designated by and under his/her instruction and supervision, who are assigned
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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 to the Maximum Extent Practicable (MEP) the discharge of pollutants directly or
indirectly to storm water, receiving waters or the storm water drainage system. BMPs
may be structural or non-structural, 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, as the same may be amended from time to time.
(f) Development Project Guidance shall mean DAMP Chapter VII and the Appendix
thereto, entitled 'Best Management Practices for New Development Including
Non -Residential Construction Projects."
(g) Discharge shall mean any release, spill, leak, pump, flow, escape,
leaching (including sub -surface migration or deposition to groundwater), dumping or
disposal of any liquid, semisolid or solid substance.
(h) Discharge exception shall mean the group of activities not restricted
or prohibited by this Article, including only:
Discharges composed entirely of storm water, discharges
covered under current EPA or Regional Water Quality
Control Board issued NPDES permits, or other waivers,
permits or approvals granted by an appropriate government
agency, discharges to the storm water drainage system from
potable water line flushing, fire fighting activities, landscape
irrigation systems, diverted stream flows, rising groundwater,
and de minimis groundwater infiltration to the storm water
drainage system (from leaks in joints or connections or
cracks in water drainage pipes or conveyance systems),
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discharges from potable water sources such as passive
foundation drains, air conditioning condensation and other
building roof runoff, agricultural irrigation water runoff, water
from crawl space pumps, passive footing drains, lawn
watering, non-commercial vehicle washing at residences,
flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges, and discharges authorized
pursuant to federal or state laws or regulations.
The discharge exception shall not include discharges resulting from active
groundwater dewatering systems. 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.
(i) 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.
(j) EPA shall mean the Environmental Protection Agency of the United States.
— (k) Hearing officer shall mean the City Director of Engineering and Building Services
("Director of Engineering) r or his/her designee, who shall preside at the
administrative hearings authorized by this Ordinance and issue final decisions on
the matters raised therein. In the alternative, it shall mean any appeals board
established by separate resolution of the City Council, which shall preside at the
administrative hearings authorized by this Ordinance and issue final decisions on
the matters raised therein.
(1) 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 Section 8-14.105 of this Chapter, or where a notice of noncompliance,
administrative compliance order or other enforcement option under Section 8-
14.106 of this Chapter is utilized to obtain compliance with this Chapter.
(m) Illicit connection shall mean any manmade conveyance or drainage system,
pipeline, conduit, inlet or outlet through which the discharge of any pollutant to
the storm water drainage system occurs or may occur. The term "illicit
connection" shall not include legal nonconforming connections or connections to
the storm water drainage system that are hereinafter authorized by the agency
with jurisdiction over the system at the location at which the connection is made.
(n) Legal nonconforming connection shall mean connections to the storm water
drainage system existing as of the adoption of this Ordinance that were in
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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.
(o) LIP 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 LIP 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.
(p) Maximum Extent Practicable (MEP) shall mean the acceptability standard for
Best Management Practices (BMPs) established by Congress in Clean Water Act
Section 402(p)(3)(B)(iii) that dischargers of storm water must meet. MEP means
using an effective set of BMPs that can be implemented and still remain
practicable. A BMP is effective if it prevents, reduces or removes pollutants that
would otherwise be present in the runoff due to human activity. A BMP is
practicable if it complies with storm water and other regulations; is compatible
with the area's land use, character, facilities and activities; is technically feasible
(considering area soil, geography, water resources, and other resources
available); is economically feasible; and provides benefits that are reasonable in
relation to costs. MEP generally emphasizes pollution prevention and source
control BMPs (as the first line of defense) in combination with treatment methods
serving as a backup (additional line of defense).
(q) New development shall mean all public and private residential (whether single
family, multi -unit or planned unit development), industrial, commercial, retail, and
other non-residential 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.
(r) NPDES permit shall mean the municipal discharge permit issued by the
California Regional Water Quality Control Board, San Diego Region, and entitled
"Waste Discharge Requirements for Discharges of Urban Runoff from the
Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of
the County of Orange, the Incorporated Cities of Orange County, and the Orange
County Flood Control District within the San Diego Region" Order No. R9-2002-
0001 (NPDES No. CAS 0108740) (the "NPDES permit"), and all succeeding
permits.
(s) 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.
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(t) Pollutant shall mean any liquid, solid or semi-solid substances, or combination
thereof, including and not limited to:
1. Artificial materials, chips or pieces of natural or man-made materials (such as
floatable plastics, wood or metal shavings);
2. Household waste (such as trash, paper, plastics, lawn clippings and yard wastes;
animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil
and fluids from vehicles, lawn mowers and other common household equipment;
3. Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-
metals, such as phosphorus and arsenic;
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
5. Excessive eroded soils, sediment and particulate materials;
6. Animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including stables, show facilities, or polo fields);
7. Substances having characteristics such as a pH less than 6.5 or greater than 8.5,
or unusual condition, or turbidity, or excessive levels of fecal coliform, fecal
streptococcus or enterococcus;
8. Waste materials and wastewater generated on construction sites and by
construction activities (such as painting, staining; use of sealants, glues, limes;
excessive pesticides, fertilizers or herbicides; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids; construction
equipment washing, concrete pouring and cleanup wash water or use of concrete
detergents; steam cleaning or sand blasting residues; use of chemical
degreasing or diluting agents; and super chlorinated water generated by potable
water line flushing);
9. Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon;
10. Materials which contain base/neutral or acid extractable organic compounds;
11. Those pollutants defined in §1362(6) of the Federal Clean Water Act;
12.Any other constituent or material that may interfere with or adversely affect the
beneficial uses of the receiving waters, flora or fauna of the State.
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The term "pollutant' shall not include uncontaminated storm water, potable water or
reclaimed water generated by a lawfully permitted water treatment facility.
(u) Private property shall mean any real property, irrespective of ownership, which is
not open to the general public.
(v) Prohibited discharge shall mean any discharge, which is not composed entirely
of storm water or which contains any pollutant, from public or private property to
(i) the storm water drainage system; (ii) any upstream flow, which is tributary to
the storm water 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.
(w)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.
(x) Significant redevelopment means development that would create or add at least
5,000 square feet of impervious surfaces on an already developed site.
Significant redevelopment includes, but is not limited to: the expansion of a
building footprint; addition to or replacement of a structure; replacement of an
impervious surface that is not part of a routine maintenance activity; and land
disturbing activities related with structural or 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. Significant redevelopment does not include
trenching and resurfacing associated with utility work; resurfacing and
reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps,
or bike lane on public and private existing roads; and replacement of damaged
pavement.
(y) State general permit shall mean either the State General Industrial Storm Water
Permit or the State General Construction 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 storm
water control program for industrial and construction activities.
(z) Storm water drainage system shall mean street gutter, channel, storm drain,
constructed drain, lined diversion structure, wash area, inlet, outlet or other
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facility, which is a part of or tributary to the county -wide storm water 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 storm water.
SECTION 3. Controls for Water Quality Management.
Section 8-14.104(Controls for water quality management) of Chapter 14
(Water Quality Regulations) of Title 8 (Building Regulations) of the San Juan Capistrano
Municipal Code is amended to read as follows:
(a) New development and significant redevelopment.
(1) All new development and significant redevelopment within the City
of San Juan Capistrano shall be undertaken in accordance with:
(i) When required by the LIP, a water quality management plan,
which shall be prepared in accordance with the development
project guidance; and
(ii) Any conditions and requirements established by the Director
of Engineering or his/her designee, which are reasonably
related to the reduction or elimination of pollutants in storm
water runoff from the project site.
(2) When required by the LIP, prior to the issuance by the City of a
grading permit, building permit and/or non-residential plumbing permit for any new
development or significant redevelopment, the property owner shall submit to and
obtain the approval of the Director of Engineering or his/her designee of a water quality
management plan. If the new development or significant redevelopment will be
approved without application for a grading permit, building permit or non-residential
plumbing permit, the property owner shall submit to and obtain the approval of the
Director of Engineering or his/her designee of a water quality management plan prior to
the issuance of a discretionary land use approval or, at the City's discretion, prior to
recordation of a subdivision map.
(3) Notwithstanding the foregoing Sections 8-14.104(a)(1) and 8-
14.104(a)(2), a water quality management plan shall not be required for construction of
a (one) single family detached residence unless the Director of Engineering or his/her
designee determines that the construction may result in the discharge of significant
levels of a pollutant into a tributary to the storm water drainage system.
(4) Compliance with the conditions and requirements of a water quality
management plan shall not exempt any person from the requirement to independently
comply with each provision of this Ordinance.
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(5) If the Director of Engineering or his/her designee determines that
the project will have a de minimis impact on the quality of storm water runoff, then it
may issue a written waiver of the requirement for preparation and approval of a water
quality management plan.
(6) Each water quality management plan shall name a responsible
party for the project.
(7) The owner of a new development or significant redevelopment
project, their successors and assigns, and each named responsible party, shall
implement and adhere to the terms, conditions and requirements of the approved water
quality management plan.
i. Each failure by the owner of the property, their successors or
assigns, or a named responsible party, to implement and adhere to
the terms, conditions and requirements of an approved water
quality management plan shall constitute a violation of this
Ordinance.
(8) The City may require that the water quality management plan, the
terms, conditions, and requirements imposed pursuant to Section 8-14.104(a) (1) be
recorded with the County Recorder's office by the property owner. The signature of the
owner of the property, any successive owner or the named responsible party shall be
sufficient for the recording of the water quality management plan or any revised plan,
the terms, conditions, and requirements imposed pursuant to Section 8-14.104(a) (1),
and a signature on behalf of the City shall not be required for recordation.
(b) Cost recovery. The costs and expenses of the City incurred in the
review, approval, or revision of any water quality management plan, and review of new
development or significant redevelopment projects for compliance with the LIP and the
DAMP shall be assessed to the property owner or responsible parry and shall be due
and payable to the City. The City may elect to require a deposit of estimated costs and
expenses, and the actual costs and expenses shall be deducted from the deposit, and
the balance, if any, refunded to the property owner or responsible party.
(c) 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 storm water
drainage system.
Every person occupying or having charge and control of private property
on which a prohibited disposal of waste materials occurs shall cause the property
collection and disposal of same.
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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.
(d) Every person owning property, conducting any activity or operation,
or maintaining any facility shall comply with the applicable Best Management Practices
(BMPs) as identified in the LIP in order to prevent, to the maximum extent practicable,
pollutants from entering the storm water drainage system.
SECTION 4. Permits.
Section 8-14.107 (Permits) of Chapter 14 (Water Quality Regulations) of
Title 8 (Building Regulations) of the San Juan Capistrano Municipal Code is hereby
repealed.
SECTION 5. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
-- would have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrases, or portion thereof irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date.
This Ordinance shall go into effect and be in full force and operation from
and after thirty (30) days after its final passage and adoption.
SECTION 7. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
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ATTEST:
PASSED, APPROVED AND
R. MONAHAN, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
) ss.
JOE
15°idav of June 2004.
Mayor
I, MARGARET R. MONAHAN, 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. 891 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 1st day of June 2004 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 15'" day of June 2004 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart, and Mayor Soto
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL M v1BEl' N np e
MWPGARET R. MONAHAN, City Clerk
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