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(a) It shall be unlawful for any person to stop, fill, dam, confine, pave, alter the course of, or otherwise interfere with any natural or constructed drain, or drainageway without first submitting a drainage plan to the City and receiving approval of that plan. Any deviation from the approved plan is a violation of this chapter. This section shall not prohibit, however, necessary emergency action so as to prevent or mitigate drainage that would be injurious to the environment, the public health, safety, or welfare.
(b) No filling, blocking, fencing or above-surface vegetation planting shall take place within a floodway.
(c) For an overland flow way:
(1) Silt screen fences shall not be permitted below the top of the bank of a water body.
(2) Chain link fences shall be permitted if the City determines that the fence will not obstruct or divert the flow of water.
(3) If a fence is removed by the City for drain access or drain, maintenance, the fence shall be replaced by the owner of the fence at the owner's expense.
(4) No shrubs or trees shall be planted below the top of the bank of a water body.
(d) Shrubs, trees or other above-ground vegetation shall not be planted over the top of an underground storm sewer or over the top of the easement within which the storm sewer has been installed.
(Ord. 07-2002-10. Passed 7-2-02.)
Except as permitted by law, it shall be unlawful for any person to store or stockpile within a drainageway any hazardous or toxic materials unless adequate protection and/or containment has been provided so as to prevent any such materials from entering a drainageway.
(Ord. 07-2002-10. Passed 7-2-02.)
INSPECTION, MONITORING, REPORTING AND RECORD KEEPING
To assure compliance with the standards in this pervasively regulated area, the City may inspect and/or obtain storm water samples from storm water runoff facilities of any discharger to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the City's properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City shall provide the discharger reasonable advance notice of such inspection and/or sampling. The City or its properly identified representative may place on the discharger's property the equipment or devices used for such sampling or inspection.
(Ord. 07-2002-10. Passed 7-2-02.)
A discharger of storm water runoff shall provide and operate equipment or devices for the monitoring of storm water runoff, so as to provide for inspection, sampling, and flow measurement of each discharge to a water body or a storm water runoff facility, when directed in writing to do so by the City. The City may require a discharger to provide and operate such equipment and devices if it is necessary or appropriate for the inspection, sampling and flow measurement of discharges in order to determine whether adverse effects from or as a result of such discharges may occur. All such equipment and devices for the inspection, sampling and flow measurement of discharges shall be installed and maintained in accordance with applicable laws, ordinances and regulations.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) Any discharger who accidentally discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the City concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the City within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof.
(2) The exact date, time, and estimated volume of the discharge.
(3) All measures taken to clean up the accidental discharge, and all measures proposes to be taken to reduce and prevent any recurrence.
(4) The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
(b) A properly-reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this ordinance against a discharges for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharges complies with all the requirements of Section 1043.29(a).
(Ord. 07-2002-10. Passed 7-2-02.)
Any person subject to this chapter shall retain and preserve for no less than three years any and all books, drawings, plans, prints, documents, memoranda, reports, correspondence and records, including records on magnetic or electronic media and any and all summaries of such records, relating to monitoring, sampling and chemical analysis of any discharge or storm water runoff from any property.
(Ord. 07-2002-10. Passed 7-2-02.)
ENFORCEMENT
Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the City is authorized to issue a stop work order so as to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith. The City may also undertake or cause to be undertaken, any necessary or advisable protective measures so as to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the properly upon which the work is being done and the responsibility of any person carrying out or participating in the work, sad such cost shall be a lien upon the property.
(Ord. 07-2002-10. Passed 7-2-02.)
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