Loading...
Ordinance Number 979ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 14 OF TITLE 8, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING WATER QUALITY CONTROL WHEREAS, the Federal Water Pollution Control Act (commonly known as the Clean Water Act or "CWA"), 33 U.S.C. § 1251 et seq.., as amended, prohibits the discharge of any "Pollutant" (as defined in the CWA) to Waters of the United States from a point source, unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES"); WHEREAS, pursuant to the CWA, the United States Environmental Protection Agency ("US EPA") has defined the term "municipal separate storm sewer system" or "MS4" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting surface water; WHEREAS, US EPA reports that surface runoff results in discharges to MS4s which have had a significant adverse impact on the water quality of receiving waters; WHEREAS, CWA Section 402(p), (33 U.S.C. § 1342(p)) requires that the City obtain an NPDES permit for the discharge of pollutants from the City's MS4; WHEREAS, CWA Section 402(p), ( 33 U.S.C. § 1342(p)) further provides that NPDES permits shall require controls to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, including management practices and such other provisions as may be appropriate for the control of pollutants; and requires the City to effectively prohibit non -storm water discharges to the MS4; WHEREAS, in implementation of CWA Section 402(p), (33U.S.C. § 1342), US EPA has adopted various regulations within Title 40 of the Code of Federal Regulations ("CFR") to address compliance and implementation of the NPDES programs; WHEREAS, in accordance with the California Water Code, the California Regional Water Quality Control Board San Diego Region has issued a National Pollutant Discharge Elimination System ("NPDES") Permit and Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Orange, VVASTE DISCHARGE REQUIREMENTS ORDER NO. R9--2009-0002 [NPDES NO CAS0108740] FOR DISCHARGES OF URBAN RUNOFF FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS FOR THE COUNTY OF ORANGE, INCORPORATED CITIES OF ORANGE COUNTY AND THE ORANGE COUNTY FLOOD CONTROL SYSTEM" ("NPDES Order"), to cities in Orange County, including the City of San Juan Capistrano; fflme WHEREAS, the NPDES Order and US EPA regulations implementing the CWA, require the City to demonstrate that it has adequate legal authority, through ordinance or other authority, to prohibit Illicit Discharges and to otherwise require compliance with the NPDES Order; WHEREAS, under the California Constitution and California statutory law, the City has the authority to define public nuisances and to protect the public health and safety of the residents of and visitors to the City, and the environment; WHEREAS, the City of San Juan Capistrano is participating as a "Co -Permittee" under the NPDES Order in the development and adoption of an ordinance to accomplish the requirements of the NPDES Order; WHEREAS, surface 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, WHEREAS, the purpose of this Ordinance is to participate in the improvement of water quality and comply with federal and State requirements for the control of urban pollutants to surface runoff, which enters the network of storm drains throughout Orange County; WHEREAS, the City is authorized by Article XI, §5 and §7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity; WHEREAS, a reduction in surface runoff borne pollution should promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region; WHEREAS, the land use authority exercised by the City, pursuant to California Government Code §65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land; WHEREAS, this Ordinance conforms to the policies and goals of the General Plan adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds located within Orange County by implementing measures to control erosion and prevent the pollution of streams and other waters; WHEREAS, the Subdivision Map Act, California Government Code §66411, authorizes the City to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval.; 2 0979 WHEREAS, California Constitution Article XI, §7 and Government Code §38660 authorize the City to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property; WHEREAS, Government Code §38771 authorizes the City to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same; WHEREAS, the City may commence civil actions, pursuant to CWA Section 505(a), (U.S.C. § 1365(a)), against any person or any governmental agency acting in violation of any condition of the NPDES Order; WHEREAS, all industrial dischargers subject to the provisions of the State Industrial General Permit and State Construction General Permit (referred to collectively herein as the "State General Permits") must comply with the lawful requirements of the City, which regulate discharges to the storm drain system within its jurisdiction; WHEREAS, all industrial and construction dischargers subject to the provisions of the State General Permits are required to maintain Storm Water Pollution Prevention Plans on --site and make them available to the City for inspection; WHEREAS, all dischargers subject to the provisions of the State Construction General Permit may be required by the City, with the concurrence of the San Diego Regional dilater Quality Control Board (Regional Board), to amend any Storm Water Pollution Prevention Plan; WHEREAS, all industrial dischargers subject to the provisions of the State Industrial General Permit are required to maintain a description of the required monitoring program onsite and make it available to the City for inspection; WHEREAS, the City has jurisdiction over certain storm water drainage facilities and other watercourses within the City, and the surface runoff from these facilities may be subject to the provisions of the State Industrial General Permit; accordingly, the City may review Best Management Practices (BMP) implementation plan(s) that such regulated dischargers have developed, and may refer its findings to the Regional Board for further action, if necessary; WHEREAS, the City has jurisdiction over certain storm water drainage facilities and other watercourses within the City, and these facilities may receive discharges from properties and activities regulated under the provisions of the State General Permits; the City may therefore request that the regulated dischargers furnish information and records as necessary to determine compliance with the State General Permits; WHEREAS, the enacting of this Ordinance is a condition of the NPDES Order, the requirements of which are exempt from the California Environmental Quality Act (°CEQA") 3 0979 pursuant to Public Resources Code §21000, including but not limited to 21083 and 21084, et seq.; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 14 of Title 8 of the San Juan Capistrano Municipal. Code is hereby amended and restated in its entirety to read as follows: Chapter 14 WATER QUALITY REGULATIONS Sec. 8-14.101 Purpose Sec. 8-14.102 Definitions Sec. 8-14.103 Prohibition on illicit connections and prohibited discharges Sec. 8-14.104 Controls for water quality management Sec. 8-14.105 Inspections Sec, 8-14.106 Enforcement Sec. 8-14.107 Permits Sec. 8-14.108 Interagency cooperation Sec. 8-14.109 Miscellaneous Sec. 8-14.110 Judicial review Sec. 8014.101 — Purpose. (a) The United States Congress passed the Clean Water Act [33 USC Section 1251 et seq, as amended, including Section 402(p) therein] as a mandate, in part, that municipal separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit non-stormwater 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 Santa. Ana and San Diego Regional Water Quality Control Boards have 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." 4 0979 (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: (1) Effectively prohibiting non -storm water Discharges into the MS4; (2) Reducing pollutant loads in surface runoff, including in Storm Water, 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. Sec. 8014.102 — Definitions. As used in this chapter: (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 5 0979 devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater; receiving waters or the stormwater 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, including the City's adopted LIP, as the same may be amended from time to time. (f) "Development project guidance" shall mean DAMP Chapter 7 and the Appendix thereto, entitled "Model Water Quality Management Plan, as the same may be amended from time to time." (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 chapter, including only: (1) Discharges composed entirely of stormwater; (2) Discharges authorized by current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by government agencies with jurisdiction over such discharges, (3) Discharges to the stormwater drainage system from: (i) Water line flushing, not including discharges for fire suppression sprinkler system maintenance and testing discharges, and provided such discharges are in compliance with all applicable State or Regional Water Quality Control Board permits and/or other local ordinances; (ii) Emergency fire fighting activities; (iii) Diverted stream flows; (iv) Rising groundwater; 6 0979 (v) Uncontaminated groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); (vi) Potable water sources, provided such discharges are in compliance with all applicable State or Regional Water Quality Control Board permits and/or other local ordinances; (vii) Air conditioning condensation; (viii) Uncontaminated pumped groundwater, water from crawl space pumps, foundation drains, or footing drains, provided such discharges are in compliance with all applicable State or Regional Water Quality Control Board permits and/or other local ordinances; (ix) Individual residential vehicle washing ; (x) Flows from riparian habitats and wetlands; (xi) Dechlorinated swimming pool discharges; and (4) 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) or his/her designee, who shall preside at the administrative hearings authorized by the ordinance codified in this section 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 the ordinance codified in this section and issue final decisions on the matters raised therein. (I) "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, 7 0979 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 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. (n) "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. (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 stormwater 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 stormwater 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 currently applicable municipal discharge permit issued by the California Regional Water Quality Control Board, San Diego 8 0979 Region, which permit establishes waste discharge requirements applicable to stormwater runoff in the City. (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. (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; 9 0979 (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. The term "pollutant" shall not include uncontaminated stormwater, 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 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. (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 five thousand (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 Waste Discharge Requirements for Discharges of Storm Water Associated With Industrial Activities Excluding Construction Activities Permit (State Industrial General Permit) or the National 10 0979 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. (z) "Stormwater drainage system" shall mean 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 county -wide 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. Sec. 8014.103 — Prohibition on illicit connections and prohibited discharges. (a) No person shall: (1) Construct, maintain, operate and/or utilize any illicit connection; (2) Cause, allow or facilitate any prohibited discharge, (3) 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. (b) The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following: (1) For all structural improvements to property installed for the. purpose of discharge to the stormwater drainage system, the expiration of five (5) years from the adoption of this chapter; (2) For all nonstructural improvements to property existing for the purpose of discharge to the stormwater drainage system, the expiration of six (6) months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter. (c) A reasonable extension of use may be authorized by the Director of Engineering or designee upon consideration of the following factors: (1) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters; 11 0979 (2) The economic investment of the discharger in the Segal nonconforming connection; and (3) The financial effect upon the discharger of a termination of the legal nonconforming connection. (d) A civil or administrative violation of Section 8-14.103(a) shall occur 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. (e) 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 shall not apply to the subject discharge following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of the thirty (30) day period any such discharge shall constitute a violation of Section 8-14.103(x). (f) If a request for an extension of use is denied, the owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth Section 8-14.106(a)(6)—('10) for an extension of the period allowed for continued use of the connection. Sec. 8014.104 – Controls for water quality management. (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) The DAMP; (ii) When required by the LIP, a water quality management plan, which shall be prepared in accordance with the development project guidance; and (iii) 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 stormwater runoff from the project site. Any such conditions or requirements may be imposed as a condition to issuance of a grading permit, building permit, Non-residential Plumbing permit, or discretionary land use approval or prior to recordation of a subdivision map. (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 12 0979 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 stormwater 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 the ordinance codified in this section. (5) If the Director of Engineering or his/her designee determines that the project will have a de minimis impact on the quality of stormwater 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 the ordinance codified in this section. (8) The City may require that the water quality management plan, the terms, conditions, and requirements imposed pursuant to Section 8-14.104(x)(1), and/or a covenant or similar document requiring the ongoing maintenance of applicable post -construction BMPs 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, any revised plan, the terms, conditions, and requirements imposed pursuant to l; 0979 Section 8-14.104(x)(1), and/or covenant or similar document, 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 party 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 stormwater 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. 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 stormwater drainage system. Sec, 8014.105 — Inspections. (a) Right to inspect. Prior to commencing any inspection as hereinbelow authorized, 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. (b) Entry to inspect. The authorized inspector may enter property to investigate 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. (c) Compliance assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to (i) identifying products produced, processes conducted, chemicals used and 14 0 979 materials stored on or contained within the property, (ii) identifying point(s) of discharge of all wastewater, process water systems and pollutants, (iii) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems,. (iv) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system, (v) locating any illicit connection or the source of prohibited discharge, (vi) evaluating compliance with any permit issued pursuant to Section 8-14.107 hereof, and (vii) . 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. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any 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. (g) Monitoring. 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. (h) Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector. Sec. 8014.146 -- Enforcement. (a) Administrative remedies. 15 0979 (1) Notice of noncompliance. The. authorized inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with Section 8- 14.106(a)(5) of this chapter. (i) The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person. (ii) The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety (90) days unless the authorized inspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension. (2) Administrative compliance orders. (i) The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with Section 8-14.106(a)(5) of this chapter. The administrative compliance order may be issued to: (aa) The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter; (ab) The owner of property subject to terms, conditions or requirements imposed on a project in accordance with Section 8-14.104(x)(1) to ensure adherence to those terms, conditions and requirements; (ac) A permittee subject to the requirements of any permit issued pursuant to Section 8-14.107 hereof to ensure compliance with the terms, conditions, and requirements of the permit; (ad) Any person responsible for an illicit connection or prohibited discharge. (ii) The administrative compliance order may include the following terms and requirements: (aa) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited 16 0979 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; (ab) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; (ac) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff; (ad) 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; (ae) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions, and requirements of any permit issued pursuant hereto. (3) Cease and desist orders. (i) The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 8-14.106(x)(5) of this chapter. A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to; (aa) Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system; (ab) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; (ac) Immediately discontinue any other violation of this chapter; (ad) Clean up the area affected by the violation. (ii) The authorized inspector may direct by cease and desist order that (1) the owner of any property, or his successor -in -interest, which property is subject to any conditions or requirements issued pursuant to Section 8-14.104(a)(1), or (2) any permittee under any permit issued pursuant to Section 8-14.107 hereof: 17 0979 (aa) Immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Section 8- 14,104(a)(1), or. the terms, conditions, and requirements of the applicable permit. (4) Recovery of costs. The authorized inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs. An invoice for costs shall be delivered in accordance with Section 8-14.106(a)(5) of this chapter. An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. (i) 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 appeal successfully the invoice for costs in accordance with Section 8- 14.106(a)(6), then the enforcing attorney may institute collection proceedings. (5) Delivery of notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following: (i) The notice shall state that the recipient has a right to appeal the matter as set forth in Section 8-14.106(a)(6) through Section 8- 14.106(a)(10) of this chapter. (ii) Delivery shall be deemed complete upon (a) personal service to the recipient, (b) deposit in the U.S. mail, postage pre -paid for first class delivery, or (c) facsimile service with confirmation of receipt. (iii) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City. (iv) Where the owner or occupant of any property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten (10) business days. (6) Administrative hearing for notices of noncompliance, administrative compliance orders, invoices for costs and adverse determinations. Except as set forth in subsection (a)(8) of this section, any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who 18 0 979 is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter. (7) Request for administrative hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within thirty (30) days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the Director of Engineering. Thereafter, a hearing on the matter shall be held before the hearing officer within. forty-five (45) business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the bearing is granted. (8) Administrative hearing for cease and desist orders and emergency abatement actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five (5) business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for ars administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action. (9) Hearing proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. Except as set forth in Section 8-14.102(g) (definition of Discharge exception), the City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. (10) Final decision and appeal. The final decision of the hearing officer shall issue within ten (10) business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision. (i) Notwithstanding this Section 8-14.106(x)(10), the final decision of 19 0979 the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five (5) business days following the conclusion of the hearing. (11) City abatement. 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 8-14.106(b)(4). (12) In addition to the administrative remedies described in Sections 8014.106(a)(1)-(11) of this Chapter, any person violating any provision of this Chapter may be issued an administrative citation in accordance with Chapter 7 of Title 1 of this Code. The appeal and administrative hearing provisions set forth in Chapter 7 of Title 1, rather than the appeal and administrative hearing provisions set forth in this Chapter, shall apply to any administrative citation issued for a violation of this Chapter. (b) 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, shall constitute a threat to the public health.., safety, and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771. (1) Court order to enjoin 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. (2) Notice to owner and occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Director of Engineering shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring. (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. 20 0979 (i) 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. (ii) Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to Section 8- 14.106(a)(8) hereinabove shall follow 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. (i) 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. (c) Criminal sanctions. (1) 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. (2) 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 (100) dollars for a first violation, two hundred (200) dollars for a second violation, and a fine not exceeding five hundred (500) dollars for each additional violation occurring within one year. (3) 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 (1,000) dollars or by imprisonment for a period of not more than six (6) months, or both. 21 0979 (d) 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. (e) Nonexclusive remedies. 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. (f) 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. (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 Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate State or local agency, of any alleged violation of this chapter. (h) Injunctions. At the request of the Director of Engineering, the enforcing attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. (1) 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, costs relating to restoration of the 22 0979 environment and all other expenses as authorized by law. (i) Other civil remedies. (1) The Director of Engineering 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, 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, and (iii) damages for irreparable harm to the environment. (2) 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. (3) 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. Sec. 8014.107 — Permits. Sec. 8014.108 —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. 23 0 979 Sec. 8014.109 — 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. Sec. 8014.1110 — 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. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 3. SEVERABILITY. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. 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. 24 0 979 PASSED, APPROVED, AND ADOPTED this 4th day of January, 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) ALLEVATO, MAYOR 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, 979 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 7th day of December 2010 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 4th day of January 2011 by the following vote, to wit: AYES: C NCIL MEMBERS: NOES O NCIL MEMBERS: ABSE NCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato None None 25 0979 STATE OF CALIFORNIA ) COUNTY OF ORANGE ).SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) 1, 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 8th day of December 2010, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY C UNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CAI. ORNIA, AMENDING CHAPTER 14 OF TITLE 8, `0 THE SAN JUAN CAPISTRANO MUNICIPAL CODE E DING WATER QUALITY CONTROL ;" This document was posted in the Office of the City MARIA "R0S, CITY Cl./ San Juan Capistrano, Calif-10f,is STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) 1, 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 9th of January 2011 l caused to be posted a certified copy of Ordinance No. 979, adopted by the City Council on January 4, 2011 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 14 OF TITLE 8, qzF THE SAN JUAN CAPISTRANO MUNICIPAL CODE/RErIARDING WATER QUALITY CONTROL . This document was posted in the Office of the MARIA 11 1 , Cl -N LERK San Juan Ca istrano, a 'fiornia 26 0 979