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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)
A. Liability for any prohibited discharge or runoff or illicit connection prohibited by this chapter or the NPDES permit shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.
B. A civil or administrative violation of this chapter shall occur, regardless of a person's negligence or their intent to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge into the city's MS4.
(Ord. 472 § 1, 2012)
A. Construction and Occupancy Permits.
1. The issuance of a grading or building permit, performance of permit inspections, or issuance of a certificate of occupancy may be withheld, revoked or suspended on property on which a violation of the provisions of this chapter exist, including work not performed in accordance with the approved plans, until such violstion(s) has been corrected to the satisfaction of the city engineer.
2. Any permit applicant or holder may appeal a determination of the city engineer made pursuant to this subsection pursuant to procedures for appeal established elsewhere in this code applicable to the specific permit(s) at issue. A permittee may request a temporary variance to continue to discharge pending issuance of a final decision through the appeal process.
B. Business Licenses. Violations of this chapter may be grounds for the suspension or revocation of a city business license in accordance with Chapter 5.04 of this code.
(Ord. 472 § 1, 2012)
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.
(Ord. 472 § 1, 2012)
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