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A. Expiration of final WQMPs.
1. Approved plans for a WQMP shall expire 12 months following the date of approval unless project construction has begun and may be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.
2. The city engineer may extend the time for action by the applicant upon an approved plan for a WQMP for a period not exceeding 12 months upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.
3. If a final WQMP issued pursuant to this chapter has expired without first being extended by the city engineer, in order to renew the WQMP, the applicant shall resubmit the plans and pay the most current plan review fee.
B. Adherence to WQMP Requirements. All new development and modifications to existing development projects shall adhere to the terms, conditions and requirements of the approved final WQMP.
C. Continuation of Terms, Conditions and Requirements for New Development and Modifications to Existing Development Projects. All terms, conditions and requirements which the city planning and public works departments have initially imposed pursuant to this chapter shall remain in effect upon the transfer of the property. Any owner of the property, or any successors, or assigns, shall be in violation of this chapter if they fail to implement and/or adhere to the terms, conditions and requirements imposed on the property pursuant to this chapter.
(Ord. 472 § 1, 2012)
All new development and modifications to existing development projects shall be undertaken and implemented in a manner that is consistent with the JRMP and NPDES permit. Any conditions and requirements established by the city's planning and public works departments which are related to the reduction or elimination of pollutants in runoff from the project site, shall be fulfilled by the permitted person.
(Ord. 472 § 1, 2012)
Article 4
Existing Development and Litter Control
Existing Development and Litter Control
A. General Requirements. In a manner consistent with the NPDES permit, existing development and operations (whether fixed or mobile) shall prevent pollutants from entering runoff and shall control runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water.
B. Existing Development and Operations. Each person in charge of day-today operations of an existing development and operations facility in the city shall implement minimum BMPs as necessary to comply with the NPDES permit. For those existing development and operations that are tributary to impaired water bodies and/or are directly adjacent to or discharging directly to receiving waters, BMPs shall include additional controls as required by the NPDES permit.
C. Common Interest Areas, Homeowners' Associations, Property Management Organizations and Mobil Home Parks. Each person who owns, operates, or is in charge of day-to-day activities of common interest areas on private property in the city shall ensure that runoff from within common interest areas, including private roads, drainage facilities, and other components of the stormwater conveyance system, meets the objectives of the NPDES permit and this chapter.
(Ord. 472 § 1, 2012)
A. No person shall dump, dispose, or stockpile 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 drain system, except in trash containers with closed lids, or at a lawfully established waste disposal facility.
B. Any person who owns or occupies a property on which a prohibited disposal of waste materials occurs shall ensure that all such waste materials are properly collected and disposed of within a reasonable period of time.
C. Any person who either owns or occupies property and who fails to comply with the requirements of this chapter may be charged with creating a nuisance upon the property.
(Ord. 472 § 1, 2012)
Article 5
Inspections and Enforcement
Inspections and Enforcement
A. Right to Inspect. Prior to commencing any regular monitoring inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner or occupant of the private property or shall obtain an administrative inspection warrant or criminal search warrant.
B. Entry to Inspect. The authorized inspector may enter private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain, or the storm drain system located within the jurisdiction of the city.
C. Exigent Conditions. If the city engineer has reasonable cause to believe that non-stormwater runoff is actively discharging from the property onto any public street, inlet, gutter, or any other storm drain system, the city engineer shall have the right to immediately enter and inspect said property, regardless of whether said property is occupied or unoccupied, and regardless of whether formal permission to inspect said property has been obtained in order to protect the public health, safety and welfare from imminent harm.
D. Compliance Assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this chapter, including but not limited to:
1. Identifying products produced, processes conducted, chemicals used, and materials stored on or contained within the property;
2. Identifying point(s) of discharge of all wastewater, process water systems, pollutants and prohibited runoff;
3. Investigating the natural slope at the location, including drainage patterns and manmade conveyance systems;
4. Establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system;
5. Locating any illicit connection or the source of prohibited discharge;
6. Evaluating compliance with any BMP or WQMP;
7. Evaluating compliance with any permit issued pursuant to this chapter; and
8. Investigating the condition of any legal nonconforming connection.
E. New BMPs. When a BMP is installed on private property as part of a project that requires a city permit or business license, in order to comply with this chapter, the property owner, occupant or operator shall provide the city access for inspection of BMPs to ensure that the BMP is working properly. This includes the right to enter the property without prior notice, as needed, when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any follow-up inspections, or to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
F. 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.
G. Records Review. The authorized inspector may inspect all records of the owner or occupant of private 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, operations or maintenance records related to compliance with a final WQMP or any other source of contribution or potential contribution of pollutants to the storm drain system.
H. 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 storm drain 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.
I. Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm drain system.
J. Test Results. Upon submission of a written request by the owner or occupant of the property subject to inspection, the city engineer shall provide copies of all monitoring and test results conducted at the owner or occupant's property.
K. Cost Recovery. When any city inspection, monitoring, laboratory testing or other action undertaken to enforce the provisions of this chapter or the NPDES permit or to comply with the requirements of the same, the city engineer shall collect a fee from the inspected or monitored person in an amount not greater than the costs to the city of the inspection and monitoring in an amount to be established by the city council for the recovery of such costs generally.
(Ord. 472 § 1, 2012)
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