HomeMy WebLinkAbout23 ORDINANCE 1174 07-07-97DATE'
NO. 23
7-7-97
Inter-Com
JULY 7, 1997
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
OFFICE OF THE CITY CLERK
SUBJECT:
ORDINANCE NO. 1174, WATER QUALITY
:fO( i~ple~ntati0,n. and e:nforCe:~en:t of the-reqUiremehts Of t~he'Nationa:1
Di'§:~:h~rge::;: Elimination"; :::'sY'stem-::!I '~.: Ordinanc'e No'i':~ 1i 7~;::":Wi'l:l:~!!ic0:ntribut:e;:: ;~';: th:~~ ....
i~'pr:°ve:mbht:~0f: Water 'qUality:':through 'control 'of pOliutantS':tha(; ehter':t6~::!i::~i:~?i~
st'or,m :d,ra'inslir[h:rough 'storm water rUn-off and impaC;t.i..rec'eiP'i:ng':~wa't'ers::,':::::;:i;:::i.:.i::
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1174 (roll call
vote).
BACKGROUND.
The following Ordinance No. 1174 had first reading and introduction at the June
16, 1997 City Council meeting:
ORDINANCE NO. 1174- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, COMPLYING WITH REQUIREMENTS OF THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION. SYSTEM (NPDES) MUNICIPAL STORM .
WATER PERMIT FOR THE CITY OF TUSTIN
Valerie Crabill
Chief Deputy City Clerk
1 :ORDMEMO
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ORDINANCE NO. 1174
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, COMPLYING WITH
REQUIREMENTS OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM. (NPDES)
MUNICIPAL STORMWATER PERMIT FOR THE CITY
OF TUSTIN
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The City Council of the City of Tustin does ordain as follows:
SECTION 1.
FINDINGS AND PURPOSE
1. The United States Congress passed the Clean Water Act [33
USC §1251 et seq, as amended, including §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-storm water 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 non-point source discharges to California's
waterways.
2. The Santa Ana Regional Water Quality' Control Board has
addressed the obligation to implement the Clean Water Act by issuing Waste
Discharge Requirements with a permit governing storm water runoff for the
County of Orange, Orange County Flood Control District and the incorporated
cities of Orange County. This permit, shall be referred to herein as the
National Pollution Discharge'Elimination System Permit or "NPDES Permit".
3. The City of Tustin ("City") is participating as a "Co-permit"tee"
under the NPDES Permit in the development and adoption 'of an ordinance
to accomplish the requirements of the Clean Water Act.
4. Storm water runoff is one step in the natural 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.
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5. The purpose of this Ordinance is 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 Tustin.
6. 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;
7. The City has determined that a legitimate local purpose is
.present in complying with the provisions of the NPDES Permit.
8. A reduction in storm water borne pollution will 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;
9. 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;
10. 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;
11. 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;
12. 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;
13. 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;
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14. The City may commence civil actions, pursuant to Federal
Clean Water Act §505(a), against any Person or any governmental agency
acting in violation of any condition of the NPDES Permit;
15. All industrial discharges subject to the provisions of the State
General 'Industrial Storm Water Permit and General Construction Activity
Storm Water Permit (referred to collectively herein as the "State General
Permits") must comply with the lawful requirements of the City, which
regulate discharges of storm water to the storm drain system within its
jurisdiction;
16. All industrial 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;
17. All dischargers subject to the provisions of the State General
Construction Activity Storm Water Permit may be required by the City, With
the concurrence of the Santa Ana Regional Quality Control Water Board, to
amend any Storm Water Pollution Prevention Plan;
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18. All industrial dischargers subject to the provisions of the State
General Industrial Storm Water Permit are required to maintain a description
of the required monit°ring program on-site and make it available to the City
for inspection;
19. The City has jurisdiction over certain storm water facilities and
other watercourses within the City, and the water discharges into these
facilities may be subject to the provisions of the State General Industrial
Storm Water Permit; accordingly, the City may certify (but is not required to
certify) in writing that regulated dischargers have developed and implemented
effective Storm Water Pollution PreventiOn Plans and should not be required
to collect and analyze storm water samples for pollutants;
20. The City has jurisdiction over certain storm water facilities and
other watercourses within the City, and these facilities may receive storm
water discharges from properties and activities regulated under the provisions
of the State General Permits, and City may request that .the regulated
dischargers furnish information and records necessary to determine
compliance with the State General Permits;
21. The City has jurisdiction over certain-storm water facilities and
other watercourses within the City, and these facilities.may receive storm
water discharges from properties and activities regulated under the provisions
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of the State General Permits, and City may, upon presentation of credentials
and other documents required by law, (i) enter upon the discharger's
premises where a regulated facility is located or where records must be kept
under the conditions of the State General Permits, (ii) access and copy, at
reasonable times, any records that must be kept under the conditions of the
State General Permits, (iii) inspect, at reasonable times, any facility or
equipment related to or impacting storm water discharge, and (iv) sample or
monitor for the purpose of ensuring compliance with the State General
Permits;
22. This Ordinance is subject to a CEQA categorical exemption,
pursuant to the CEQA Guidelines, respectively, Title 14, California Code of
Regulations Section 15308 (Class 8).
Section 2.
Chapter 9 of Article 4 (Health and Sanitation) is hereby repealed in its
entirety. Connection to discharge under the terms and conditions of any
individual discharge permit issued prior to the effective date of this Ordinance
shall be allowed as a Legal Non-conforming Connection.
Section 3.
New Chapter 9 is hereby added to Article 4 (Health and Sanitation) of the
Tustin City Code to read as follows:
CHAPTER 9
WATER QUALITY CONTROL
CHAPTER INDEX
4900
4901
4902
4903
4904
4905
4906
4907
Definitions
Prohibition on Illicit Connections and Prohibited Discharges
Contr°l of Urban Runoff
Inspections
Enforcement
Permits
Interagency Cooperation
Miscellaneous
4900
DEFINITIONS
(a)
"Authorized Inspector" shall mean the Director of Public Works '
(as used in this Chapter, unless the context otherwise requires and
persons designated by and under his/her instruction and
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(c)
(d)
(e)
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(g)
supervision, who are assigned to investigate compliance with,
detect violations of and/or take actions pursuant to this Chapter.
"City" shall mean the City of Tustin, Orange County, California.
"Co-Permittee" shall mean the County of Orange, the Orange
County Flood Control District, and/or any one of the thirty-one (31)
municipalities, including the City of Tustin, Which are responsible
for compliance with the terms of the NPDES Permit.
"DAMP' shall mean the Orange County Drainage Area
Management Plan, as the same may be amended from time to
time.
"Development Project Guidance" shall mean DAMP Chapter
VII and the Appendix thereto, entitled Best Management Practices
for New Development Including Non-Residential Construction
Projects, as the same may be amended from time to time.
"Discharge" shall mean any release, spill, leak, pump, flow,
escape, leaching (including subsurface migration or deposition to
groundwater), dumping or disposal of any liquid, semi-solid or solid
substance.
"Discharge Exception" shall mean the group of activities' not
restricted or prohibited by this Chapter, including only:
Discharges composed entirely of storm water;
Discharges subject to regulation under current EPA
or Regional Water Quality Control Board issued
NPDES permits, State General Permits, or other
waivers, permits or approvals granted bY an
appropriate government agency; Discharges from
property for which best management practices set
forth in the Development Project Guidance are being
implemented and followed; 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); Discharges from potable
water sources, passive foundation drains, air
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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; flows
from riparian habitats and wetlands; dechlorinated
swimming pool discharges; Discharges of reclaimed
water generated by a lawfully permitted water
treatment facility; public street wash Waters when
related to cleaning and maintenance by, or on behalf
of, the City; Discharges authorized PUrsuant to a
permit issued under Section 4905 hereof;
Discharges allowable under the Domestic Sewage
Exception; Discharges for which the discharger has
reduced to the extent feasible the amount of
Pollutants in such Discharge; and Discharges
authorized pursuant to federal or state laws or
regulations.
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.
(h)
"Domestic Sewage Exception" shall mean discharges which
are exceptions to this Chapter and excluded from the definition of
Prohibited Discharge, as defined herein, including only:
Discharges composed entirely of accidental spills of
untreated sanitary wastes (commonly called
domestic sewage) and other wastes, but limited
solely to wastes that are controlled by and are within
publicly owned wastewater treatment system
collection facilities immediately prior to the
accidental spill.
(i)
"EnfOrcing Attomej/' shall mean the City Attorney or District
Attorney acting as counsel to the City 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, or his/her designee, shall act as the
Enforcing Attorney.
~j) "EPA" shall mean the Environmental-Protection Agency of the
United States.
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(k)
"Hearing Officer" shall mean the Director of Public Works or
his/her designee, who shall preside at the administrative hearings
authorized by this Chapter and issue final decisions on the matters
raised therein.
"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 4903 of this
Chapter or where a Notice of Noncompliance, Administrative
Compliance Order or other enforcement option under Section 4904
of this Chapter is utilized to obtain compliance with this Chapter.
(m) "illicit Connection" shall mean any man-made 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 Chapter 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 perm!tted pursuant to the terms and
conditions of an individual discharge permit issued pursuant to
existing Chapter 9, Article 4 .of the Tustin City' Code, that is
rePealed as of the effective date of this Chapter.
(o) "New Developmenff 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 grading for future construction,
for which either a discretionary land use approval, grading permit,
building permit or Non-residential Plumbing Permit is required.
(p) "Non-residential Plumbing Permit' shall mean a plumbing
permit authorizing the construction and/or installation of facilities
for the conveyance of liquids other than storm water, potable
water, reclaimed water or domestic sewage.
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(q)
(r)
(s)
"NPDES Permit' shall mean the currently applicable municipal
discharge permit issued by the Regional Water Quality Control
Board, Santa Ana Region.
"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.
"Poilutang' shall mean any liquid, solid or semi-solid
substances, or combination thereof, including and not limited to'
1. Artificial materials (such as floatable plastics, wood
products or metal shavings);
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Household waste (such as trash, paper, and plastics;
cleaning chemicals; yard wastes; animal fecal materials;
used oil and fluids from vehicles, lawn mowers and other
common household equipment);
Metals and non-metals, including compounds of
metals and non-metals, (such as cadmium, lead, zinc,
copper, silver, nickel, chromium, cyanide, phosphorus and
arsenic), with characteristics which cause an adverse effect
on living organisms;
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Petroleum and related hydrocarbons (such as fuels,
lubricants, surfactants, waste oils, solvents, coolants and
grease);
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Animal wastes (Such as Discharge from confinement
facilities, kennels, pens and recreational facilities, including,
stables, show facilities, or polo fields);
6. Substances having a pH less than 6.5 or greater than
8.6, or unusual coloration, turbidity or odor;
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Waste materials and wastewater generated on
constrUction sites and by construction activities (such as
painting and staining; use of sealants and glues; use of
lime; use. of wood preservatives and solvents; disturbance.
of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery
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(t)
(u)
(v)
fluids; construction equipment washing; concrete pouring
and cleanup; use of concrete detergents; steam cleaning or
sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable
water line flushing);
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Materials causing an increase in biochemical oxygen
demand, chemical oxygen demand or total organic carbon;
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Materials which contain base/neutral or acid
extractable organic compounds;
10. Those Pollutants defined in Section 1362(6) of the
Federal Clean Water Act; and
11. Any other constituent or material, including but not
limited to pesticides, herbicides, fertilizers, fecal coliform,
fecal streptococcus or enterococcus, or eroded soils,
sediment and particulate materials, in quantities that will
interfere with or adversely affect the beneficial uses of the
"receiving waters, flora or fauna of the State.
"Prohibited Discharge" shall mean any Discharge 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 Discharges allowable under the Discharge Exception.
"Significant Redevelopment' shall mean the rehabilitation or
reconstruction of public or private residential (whether single
family, multi-unit or planned unit development), industrial,
commercial, retail, or other non-residential structures, for which
either a discretionary land use approval, grading permit, building
permit or Non-residential Plumbing Permit is required.
"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,
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then the term State General Permit shall also refer to any EPA
administered storm water control program for industrial and
construction activities.
(w) "Storm Water 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 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.
4901 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:
For all structural improvements to property installed
for the purpose of Discharge to the Storm Water 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 Storm Water '
Drainage System, the exPiration of six (6) months following
delivery of a notice to the owner or occupant of the
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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 civil or administrative violation of this Section 4901(a) shall
occur irrespective of the negligence or intent of the violator to
construct, maintain, operate or utilize an Illicit C°nnection or to cause,
allow or facilitate any Prohibited Discharge.
(d) 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 this
Chapter.
(e) The owner or occupant of property on which a Legal
Nonconforming Connection exists may request an extension of the
period allowed for continued use of the connection. A reasonable
extension of use may be authorized by the Director of' Public Works,
or the Authorized Inspector 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;
(2)
The .economic investment of the discharger in the
Legal Nonconforming Connection; and
(3) The financial effect upon the discharger of a
termination of the Legal Nonconforming Connection.
If a request for an extension of time for the 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 in Subsection 4904(a) (6) - (10) for an extension
of the period allowed for continued use of the connection.
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4902 CONTROL OF URBAN RUNOFF
(a)
New Development and Si,qnificant Redevelopment.
(1) All New Development and Significant Redevelopment
within the City shall be undertaken in accordance with:
(A) The DAMP, including but' not limited to the
Development Project Guidance; and
(B) Any conditions and requirements established
by the City Community Development Department and
Public Works Department, which are reasonably
related to the reduction or elimination of Pollutants in
storm water runoff from the project site.
(2) Prior to the issuance by the City of a grading permit,
building permit or Non-residential Plumbing Permit for any
New Development or Significant Redevelopment, the City
Community Development Department shall review the project
plans and impose terms, conditions and requirements on the
project, in accordance with Subsection (a)(1).. If the New
Development or Significant Redevelopment will be approved
without application for a grading permit, building permit or
Non-residential Plumbing Permit, the City Community
Development Department shall review the project plans and
impose terms, conditions and requirements on the project in
accordance with Subsection (a)(1) 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 Subsections (a)(1) and
(a)(2), compliance with the Development Project Guidance
shall not be required for construction of a (one) single family
detached residence unless the City Community Development
Department 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
the DAMP shall not exempt any Person from the requirement -
to independently comply with each provision of this Chapter.
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(5) If the City Community Development Department
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 compliance with the provisions of
the Development Project Guidance.
(6) The owner of a New DevelOpment or Significant
Redevelopment project, or upon transfer of the property, its
successors and assigns, shall implement and adhere to the
terms, conditions and requirements imposed pursuant to
Subsection (a)(1) on a New Development or Significant
Redevelopment project.
(i)
Each failure by the owner of the property or its
successors or assigns, to implement and adhere to
the terms, conditions and requirements imposed
pursuant to Subsection 4902(a)(1) on a New
Development or Significant Redevelopment project
shall constitute a violation of this Chapter..
(7) The City Community Development Department may
require that the terms, conditions and requirements imposed
pursuant to Subsection 4902 (a)(1) be recorded with the
County Recorder's office by the. property owner. 'The
signature of the owner of the property or any successive
owner shall be sufficient for the recording of these terms,
conditions and requirements and a signature on behalf of the
City shall not be required for recordation.
(b) Cost Recovery.
The City shall be reimbursed by the project applicant for all costs and'
expenses incurred by the City Community Development Department
in the review of New Development or Significant Redevelopment
projects for compliance with the DAMP. The City Community
Development Department 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
project applicant.
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4903 INSPECTIONS
(a) Scope of Inspections.
(1) 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.
(2) 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 Storm Water
Drainage System located within the jurisdiction of the City.
(3) 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 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 4905 hereof, and (vii) investigating the condition of
any Legal Nonconforming Connection.
(4) 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.
(5) 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
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4904
Permits, Storm Water 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 Storm Water Drainage
System.
(6) Sample & 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 Water
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.
(7) Monitorinq..The Authorized Inspector may erect and
maintain monitoring devices for the purpose of measuring any
Discharge or potential source of Discharge to the Storm Water
Drainage System.
(8) 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.
ENFORCEMENT
(a) Administrative Remedies.
(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 this
Section 4904.
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(2)
(A) 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.
(B) 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.
Administrative Compliance Orders.
(A) The Authorized Inspector may issue an
Administrative Compliance Order. The Administrative
Compliance Order shall be delivered in accordance
with .Subsection 4904 (a)(5) of this Chapter. The
Administrative Compliance Order may be issued to:
(1) 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;
(2) The owner of property subject to
terms, conditions or requirements imposed on
a project in accordance with. Subsection
4902(a)(1) to ensure adherence to those
terms, conditions and requirements.
(3) A permittee subject to the
requirements of any permit issued pursuant to
Section 4905 hereof to ensure compliance
with the terms, conditions and requirements of
the permit.
(4) Any Person responsible for an Illicit
Connection or Prohibited Discharge.
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(3)
(B) The Administrative Compliance Order may
include the following terms and requirements:
(1) Specific steps and time schedules for
compliance as reasonably necessary to
eliminate an existing Prohibited Discharge or
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;
(2) Specific steps and time schedules for
compliance as reaSonably necessary to
discontinue any Illicit Connection;
(3) Specific requirements for containment,
cleanup, removal, storage, installation 'of
overhead covering, or proper disposal of any
Pollutant having the potential to contact storm
water runoff;
'(4) 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;
(5) Any other terms or requirements
reasonably calculated to achieve full ·
compliance with the terms, conditions and
requirements of any permit issued pursuant
hereto.
Cease and Desist Orders.
(A) The Authorized Inspector may issue a Cease
and Desist Order. A Cease and Desist Order shall be
delivered in accordance with Subsection 4904(a)(5)
of this Chapter. A Cease and Desist Order may
direct
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the owner or occupant of any property and/or other
Person responsible for a violation of this Chapter to:
(1) Immediately discontinue any Illicit
Connection or Prohibited Discharge to the
Storm Water Drainage System;
(2) Immediately contain or divert any flow
of water off the property, where the flow is
occurring in violation of any provision of this
Chapter;
(3) Immediately discontinue-any other
violation of this Chapter;
(4) Clean up the area affected by the
violation.
(B) The Authorized Inspector may direct by Cease
and Desist Order (1) that the owner of any property or
his successor, in interest, which property is subject to
any conditions or requirement issued pursuant to
Subsection 4902(a)(1);or (2) any permittee under any
permit issued pursuant to Section 4905'hereof:
(1) Immediately cease any activity not in
compliance with the terms, conditions and
requirements issued pursuant to Subsection
4902 (a)(1) 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
Subsection 4904(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.
(A) 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
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Subsection 4904(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:
(A) The notice shall state that the recipient has a
right to appeal' the matter as set forth in Subsection
4904(a)(6) through Subsection 4904(a)(10) of this
Chapter.
(B) 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.
(C) 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.
(D) 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 Headnq for Notices of Noncompliance,'
Administrative Compliance Orders, Invoices for Costs and
Adverse Determinations. Except as set forth in Subsection
4904(a)(8), any Person receiving a Notice of
Noncompliance, Administrative Compliance Order, a notice
of Legal Nonconforming Connection, an Invoice for Costs,
or'any Person who 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.
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(7)
(8)
(9)
Request for Administrative Hearinq. 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 Public
Works and the City Attorney. 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 hearing is granted.
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 an administrative
hearing shall not be required from the Person subject to the
Cease and Desist Order or the emergency abatement
action.
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 4901(g) 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.
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(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 Subsections 1094.5 and 1094.6
and shall be commenced within ninety (90) days following
issuance of the final decision. The administrative hearing
fee paid by a prevailing party in an appeal shall be
refunded.
Notwithstanding this Subsection 4904(a)(10), the final decision
of 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
Subsection 4904(b)(4).
(b) Nuisance.
Any condition in viola:lion 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 Enioin or Abatement. At the request
of the Director of Public Works or the Authorized Inspector,
the Enforcing Attorney may seek a coUrt order to enjoin and/or
abate the nuisance.
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(2) Notice to Owner and Occupant. Prior to seeking any
court order to enjoin or abate a nuisance or threatened
nuisance, the Director of Public Works or the Authorized
Inspector 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 Public Works or Authorized
Inspector 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.
(A) 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.
(B) Notwithstanding the authority of the City to
conduct an emergency abatement action, an
administrative hearing pursuant to Subsection
4904(a)(8) hereinabove shall follow the abatement
action.
(4) Reimbursement Of Costs. All costs incurred by the 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.
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At the direction of the Director of Public Works, the Authorized
Inspector, or 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 Public Works or Authorized
Inspector to pursue enforcement actions in accordance with
the provisions of this Chapter.
(2) Infractions. Pursuant to Tustin City Code Section
1121, 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 $100 for a first violation,
$200 for a second violation, and a fine not exceeding $500 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 $1000 or by imprisonment for a period of
not more than six months; or both.
(d) Consecutive Violations.
Pursuant to Tustin City Code Section 1121, 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.
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(e) Non-exclusive Remedies.
Each and every remedy available for the enforcement of this Chapter
shall be non-exclusive and it is within the discretion of the Authorized
Inspector or Enforcing Attomey 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
Sections 853.5, 853.6, and 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 that were 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 notif7 EPA
Region IX, the Santa Ana Regional Water Quality Control Board, or
any other appropriate state or local agency, of any alleged violation of
this Chapter.
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(h) Injunctions.
At the request of the Director of Public Works or the Authorized
Inspector, 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 environment and all other
expenses as authorized by law.
(i) Other Civil Remedies.
(1) The Director of Public Works or the Authorized
Inspector may cause the Enforcing Attorney to file an action
for civil damages in a court of competent jurisdiction seeking
recovery of (i) ali 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 Storm Water Drainage
System from any violation of this Chapter where the same has
caused damage, contamination or harm to the environment,
public property or the Storm water 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.
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4905 PERMITS
(a)
Discharge Permit Procedure.
(1). . Permit. On application of the owner of property or the
operator of any facility, which property or facility is not
otherwise subject to the requirements of a State General
Permit or a National Pollution Discharge Elimination System
Permit regulating storm water discharges, the Director of
Public Works or the Authorized Inspector may issue a permit
authorizing the release of non-storm water Discharges to the
Storm Water Drainage System if:
(A) The Discharge of material or constituents is
reasonably necessary for the conduct of otherwise
legal activities on the property; and
(B) The Discharge will not cause a nuisance,
impair the beneficial uses of receiving waters, or
cause any reduction in established water quality
standards.
(2) Application.. The applicant shall provide all
information requested by the Director of Public' Works or the
Authorized Inspector for review and consideration of. the
application, including but not limited to specific detail as to the
activities to be conducted on the property, plans and
specifications for facilities located On the. property,
identification of equipment or processes to be used on-site
and other information as may be requested in order to
determine the constituents, and quantities thereof, Which may
be discharged if permission is granted.
(3) Permit Issuance. The permit shall be granted or
denied by the Director of Public Works, Authorized Inspector
or his or her designated representative, no later than sixty (60)
business days following the completion and acceptance of the
application as determined by the Director of Public Works or
the Authorized Inspector. The applicant shall' be notified in
Person or by first-class mail, postage prepaid, of the action
taken.
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(4) Permit Conditions. The permit may include terms,
conditions and requirements to ensure compliance with the
objectives of this Chapter and as necessary to protect the
receiving waters, including but not limited to:
(A) Identification of the Discharge location on the
property and the location at which the Discharge will
enter the Storm Water Drainage' System;
(B) Identification of the constituents and quantities
thereof to. be' discharged into the Storm Water
Drainage System;
(C) Specification of pollution prevention
techniques and structural or non-structural control
requirements as reasonably necessary to prevent the
occurrence of potential Discharges in violation of this
Chapter;
(D) Requirements for self-monitoring of any
Discharge;
(E) Requirements for submission of documents or
data, such as technical reports, production data,
Discharge reports, self-monitoring reports and waste
manifests; and
(F) Other terms and conditions appropriate to
ensure compliance with the provisions of this Chapter
and the protection of receiving waters, including
requirements for compliance with best management
pract!ces guidance documents approved by any
federal, State of California or regional agency.
(5) General Permit. In the discretion of the Director of
Public Works or the Authorized Inspector, the permit may, in
accordance with the conditions identified in Subsection
4905(a)(4) hereinabove, be prepared as a general permit
applicable to a specific category of activities. If a general
permit is issued, any Person intending to Discharge within the
scope of the authorization provided by the general permit may
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(b)
do so by filing an application to Discharge with the Director of
Public Works or the Authorized Inspector. No Discharge
within the scope of the general permit shall occur until such
application is so filed.
.(A) Notwithstanding the foregoing in this
Subsection 4905(a)(5), the Director of Public Works
or the Authorized Inspector in 'their discretion, may
eliminate the requirement that an application for a
general permit~ be filed for any specific activity for
which a general permit has been issued.
(6) Permit Fees. The permission to Discharge may be
conditioned upon the-applicant's payment of the City's costs,
in accordance with a fee schedule adopted by separate
resolution, as follows:
(A) For individually issued permits, the costs 'of
reviewing the permit application, preparing and
issuing the permit, and the costs reasonably related
-to administrating this permit program.
(B) For general permits, the costs of reviewing
the permit application, that portion of' the costs of
preparing the general permit which is reasonably
attributable to the permittee's application for the
general permit, and the costs reasonably related to
administering the general permit program. Not
withstanding the foregoing, no permittee shall be
charged for a general permit issued pursuant to
Subsection 4905(a)(5)(A).
Permit Suspension, Revocation or Modification..
(1) The Director of Public' Works or the Authorized
Inspector may suspend or revoke any permit when it is
determined that:
(A) The permittee has violated any term, condition
or requirement .of the permit or any applicable
provision of this Chapter; or
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(B) The permittee's Discharge or the
circumstances under which the Discharge occurs
have changed so that it is no longer appropriate to
except the Discharge from the prohibitions on
Prohibited Discharge contained within this Chapter; or
(C) The permittee fails to comply with any
schedule for compliance issued pursuant to this
Chapter; or
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(D) Any regulatory agency, including EPA or a
Regional Water Quality Control Board having
jurisdiction over the Discharge, notifies the City that
the Discharge should be terminated.
(2) The Director of Public Works or the Authorized
Inspector, may. modify any permit when it is determined that:
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(A) Federal or state law requirements have
changed in a manner that necessitates a change in
· the permit; or
(B) The permittee's Discharge or the
circumstances under which the Discharge occurs
have changed so that it is appropriate to modify' the
permit's terms, conditions or requirements; or
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(C) A change to the permit is necessary to ensure
compliance with the objectives of this Chapter or to
protect the quality of receiving waters.
The Permittee, or in the case of a general permit, each Person
who has filed an application pursuant to-Subsection
4905(a)(5)., shall be informed of any change in the permit
terms and conditions at least sixty. (60) business days prior to
the effective date of the modified permit. In the case of a
general permit issued pursuant to Subsection 4905(a)(5), any
change in the permit terms and conditions shall, be published
in newspaper of general circulation within the City at least
once, sixty (60) days prior to the effective date of the modified
permit.
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(3) The determination that a permit shall be denied,
suspended, revoked or modified may be appealed by a
permittee pursuant to the same procedures applicable to
appeal of an Administrative Compliance Order hereunder. In
the-absence of a judicial order to the contrary, the permittee.
may continue to Discharge pending issuance of the final
administrative decision by the Hearing Officer.
(c) Permit Enforcement
Any violation of the terms, conditions and requirements of any permit
issued by Director of Public Works or the Authorized Inspector shall
constitute a violation of this Chapter and subject the violator to the
administrative, civil and criminal remedies available under this
Chapter.
(d) Limited Permittee Rights.
Compliance with the terms, conditions and requirements of a permit
issued pursuant to this Chapter shall not relieve the permittee from
compliance with all federal, state and local laws, regulations and
permit requirements,-applicable to the activity for which the permit is
issued. Permits issued under this Chapter are for the Person or entity
identified therein as the "Permittee" only, and authorize the specific
operation at the specific location identified in. the permit. The issuance
of a Permit does not vest'the permittee with a continuing right to
Discharge.
(e)
Transfer of Permits. No permit issued to any Person may be
transferred to allow:
A Discharge to the Storm Water Drainage System at
a location' other than the location stated in the original
permit; or
(2)
A Discharge by a Person other than the Person
named in the permit, provided however, that the City
may approve a transfer if written approval is obtained,
in advance, from the Director of Public Works or the
Authorized Inspector.
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4906 INTERAGENCY COOPERATION
(a) The City intends to cooperate with other agencies with
jurisdiction over storm water discharges to ensure that the regulatory
purposes' underlying storm water regulations promulgated pursuant to
the Clean Water Act (33 USC §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.
4907 MISCELLANEOUS
(a) 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 storm
water and/or the protection of storm water quality.
SECTION 4 SEVERABILITY
~ ,
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out 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 of
the City of Tustin hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that. any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin-at a regular
meeting held on the 7th day of July, 1997.
Jeffery M. Thomas, ..Mayor
Pamela Stoker
City Clerk