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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 06-15-2004 1 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), 06-15-2004 2 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 06-15-2004 3 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. 06-15-2004 4 (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. 06-15-2004 5 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 A 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. 06-15-2004 7 (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. 06-15-2004 8 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. 06-15-2004 9 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 06-15-2004 10