HomeMy WebLinkAboutORD 1174 (1997) I ORDINANCE NO. 1174
2
AN ORDINANCE OF THE CITY COUNCIL OF THE
3
CITY OF TUSTIN, CALIFORNIA, COMPLYING WITH
,~ REQUIREMENTS OF THE NATIONAL POLLUTANT
5 DISCHARGE ELIMINATION SYSTEM. (NPDES)
MUNICIPAL STORMWATER PERMIT FOR THE CITY
6 OF TUSTIN
7
The City Council of the City of Tustin does ordain as follows:
9 SECTION 1. FINDINGS AND PURPOSE-
10 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
12 County, obtain permits to "effectively prohibit non-storm water discharges into
the storm sewers" and "require controls to reduce the discharge of pollutants
13 to the maximum. extent practicable ...."'This permitting authority has been
1~: delegated by the United States Environmental Protection Agency ("EPA") to
the State of California, which has authorized the State Water Resources
15 Control Board and its local regulat0ry agencies, the Regional Water Quality
16 Control Boards, to control non-point source discharges to California,s
waterways.
17
2. The Santa Ana Regional Water Quality' Control Board has
18 addressed the obligation to implement the Clean Water Act by issuing Waste
19 Discharge Requirements With a permit governing storm water runoff for the
County of Orange, Orange County Flood Control District and the incorporated
20 cities of Orange County. This permit. shall be referred to herein as the
21 National Pollution Discharge'Elimination System Permit or "NPDES Permit".
22 3. The City of Tustin ("City") is participating as a "Co-permittee"
under the NPDES Permit in the development and adoption of an ordinance
:>,3 to accomplish the requirements of the Clean Water Act.
4. Storm water runoff is one step in the natural cycle of water.
25 However, human activities, such as agriculture, construction and the
26 operation and maintenance of' an urban infrastructure may result in
undesirable discharges of pollutants and certain sediments, which may.
27 accumulate in local drainage channels and waterways and eventually may be
deposited in the waters of the United States.
_~_
1 5. The purpose of this Ordinance is to participate in the
2 improvement of water quality and comply with federal requirements for the
control of urban pollutants to storm water runoff, which enters the network of
3 storm drains throughout Tustin.
6. The City is authorized by Article XI, §5 and §7 of the State
5 Constitution to exercise the police power of the State by'adopting regulations
6 promoting the public health, public safety and general prosperity;
7 7. The City has determined that a legitimate local purpose is
8 present in complying with the provisions of the NPDES Permit.
9 8. A reduction in storm water borne pollution will promote the
public health and protect the general welfare of the locality by reducing the
10 level of artificial and naturally occurring constituents, which may improve the
11 quality of the waters in this region;
12 9. The land use authority exercised by the City, pursuant to
13 California Government Code §65300 et seq, requires regional planning and
the adoption of policies protecting the environment through the imposition of
1~ reasonable conditions on the.use of land;
15
10. This Ordinance conforms to the policies and' goals of the
16 General Plan'adopted by the City, pursuant to California Planning and Zoning
Law, for the protection of the portions of watersheds located within Orange
17 County by implementing measures to control erosion and prevent the
18 pollution of streams and other waters;
19 11. The Subdivision Map Act, California Government Code
20 §66411, authorizes the City to regulate and control the design and
improvement of subdivided. lands and 'mitigate the burdens of proposed
2~1_ development by imposing reasonable conditions on map approval;
22 12. California Constitution Article XI, §7 and Government Code
2~3 §38660 authorize the City to establish appropriate conditions for the issuance
of building permits, which require the installation of improvements reasonably
9.4 related to the proposed use of property;
13'. Government Code §38771 authorizes :the City to declare as
26 public nuisances undesirable acts which may injure health or cause
interference with the comfortable enjoyment of life or property and to provide
27 for the abatement of the same;
28
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I 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;
3
~ 15. All industrial discharges subject to the provisions of the State
General 'Industrial Storm Water Permit and General Construction Activity
5 Storm Water Permit (referred to collectively herein as the "State General
6 Permits") must comply with the lawful requirements of the City, which
regulate discharges of storm water to the storm drain system within its
7 jurisdiction;
8
16. All industrial dischargers subject to the provisions of the State
9 General Permits are required to maintain Storm Water Pollution Prevention
Plans on-site and make them available to the City for inspection;
10
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;
].4 18. All industrial dischargers subject to the provisions of the State
].5 General Industrial Storm Water Permit are required to maintain a description
of the required monitoring program on-site and make it available to the City
].6 for inspection;
~-? 19. The City has jurisdiction over certain storm water facilities and
18 other watercourses within the City, and the water discharges into these
facilities may be' subject to the provisions of the State General Industrial
19 Storm Water Permit; accordingly, the City may certify (but is not required to
20 certify) in writing that regulated dischargers have developed and implemented
effective Storm Water Pollution Prevention Plans and should not be required
2] to collect and analyze storm water samples for pollutants;
22 20. The City has jurisdiction over certain storm water facilities and
2.3 other watercourses within the City, and these facilities may receive storm
water discharges from properties and activities regulated under the provisions
2.4 of the State General Permits, and 'City may request that ..the regulated
2.5 dischargers furnish information and records necessary to determine
compliance with the State General Permits;
26
21. The City has jurisdiction over certain-storm water facilities and
2.7 other watercourses within the City, and these facilities. may receive storm
28 water discharges from properties and activities regulated under the provisions
of the State General Permits, and City may, upon presentation of credentials
:[ and other documents required by law, (i) enter upon the, discharger's
2 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
3 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
5: monitor for the purpose of ensuring compliance with the State General
6 Permits;
7 22. This Ordinance is subject to a CEQA categorical exemption,
8 pursuant to the CEQA Guidelines, respectively, Title 14, California Code of
Regulations Section 15308 (Class 8).
9
Section 2.
~.0
ll~ Chapter 9 of Article 4 (Health and Sanitation) is hereby repealed in its
entirety. Connection to discharge under the terms and conditions of any
12 individual discharge permit issued prior to the effective date of this Ordinance
'J3 shall be allowed as a Legal Non-conforming Connection.
~z~ Section 3.
~,5 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
18 CHAPTER INDEX
19 4900 Definitions
20 4901 Prohibition on Illicit Connections and Prohibited Discharges
4902 ContrOl of Urban Runoff
2~. 4903 Inspections
22 4904 Enforcement
4905 Permits'
2,,:3 4906 Interagency Cooperation
4907 Miscellaneous
25
4900 DEFINITIONS
26
27 (a) "AuthorizedInspector' shall mean the Director of Public Works
(as used in this Chapter, unless the context otherwise requires and
28 persons designated by and under his/her instruction and
supervision, who are assigned to investigate compliance with,
1 detect violations of and/or take actions pursuant to this Chapter.
(b) "C/t/' shall mean the City of Tustin, Orange County, California.
3
4 (c) "Co-Permittee" shall mean the County of Orange, the Orange
County Flood Control District, and/or any one of the thirty-one (31)
5 municipalities, including the City of Tustin, which are responsible
6 for compliance with the terms of the NPDES Permit.
7 (d) "DAMP' shall mean the Orange County Drainage Area
8 Management Plan, as the same may be amended from time to
time.
9
10 (e) "Development Project Guidance" shall mean DAMP Chapter
VII and the Appendix thereto, entitled Best Management Practices
11 for New Development Including Non-Residential Construction
Projects, as the same may be amended from time to time.
12
13]] (f) "Discharge" shall mean any release, spill, leak, pump, flow,
escape, leaching (including subsurface migration or deposition to
14 groundwater), dumping or disposal of any liquid, semi-solid or solid
15 substance.
16 (g) "Discharge Exception" shall mean the group of activities' not
restricted or prohibited by this Chapter, including only:
17
18 Discharges composed entirely of storm water;
Discharges subject to regulation under current EPA
19 or Regional Water Quality Control Board issued
20 NPDES permits, State General Permits, or other
waivers, permits or approvals granted by an
21 appropriate government agency; Discharges from
~ property for which best management practices set
forth in the Development Project Guidance are being
23 implemented and followed; Discharges to the Storm
24~ Water Drainage System from potable water line
flushing, fire fighting activities, landscape irrigation
25 systems, diverted stream flows, rising groundwater,
and de minimis groundwater infiltration to the Storm
26 Water Drainage System (from leaks in joints or
27 connections or cracks 'in water drainage pipes or
conveyance systems); Discharges from potable
28 water sources, passive foundation drains, air
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conditioning condensation and other building roof
I runoff; agricultural irrigation water runoff; water from
2 crawl space pumps, passive footing drains, lawn
watering, non-commercial vehicle washing; flows
3 from riparian habitats and wetlands; dechiodnated
,~ swimming pool discharges; Discharges of reclaimed
water generated by a lawfully permitted water
5 treatment facility; public street wash Waters when
6 related to cleaning and .maintenance by, or on behalf
of, the City; Discharges authorized pursuant to a
7 permit issued under Section 4905 hereof;
8 Discharges allowable under the Domestic Sewage
Exception; Discharges for which the discharger has
9 reduced to the extent feasible the amount of
Poilutants in such Discharge; and Discharges
10 authorized pursuant to federal or state laws or
11 regulations.
12 In any action taken to enforce this Chapter, the burden shall be on the
i3 Person who is the subject of such action to establish that a Discharge
was within the scope of this Discharge Exception.
14
15 ~" (h) "Domestic Sewage Exception" shall mean discharges which
are exceptions to this Chapter and excluded from the definition of
16 Prohibited Discharge, as defined herein, including only:
17 Discharges composed entirely of accidental spills of
18 untreated sanitary wastes (commonly called
domestic sewage) and other wastes, but limited
19 solely to wastes that are controlled by and are within
~.0 publicly owned wastewater treatment system
collection 'faCilities immediately prior to the
21 accidental spill.
22 (i) "Enforcing Attorney' shall mean the City Attorney or District
2,,3 Attorney acting as counsel to the City and his/her designee, which
counsel is authorized to take enforcement action as described
2,4 herein. For purposes of criminal prosecution, only. the District
:Z5 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
~.7 United .States.
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(k) "Hearing Officer" shall mean the Director of Public Works or
1 his/her designee, who shall preside at the administrative hearings
2 authorized by this Chapter and issue final decisions on the mattera
raised therein.
3
~ (I). "Invoice for Costs" shall mean the actual costs and expenses
of the City, including but not limited to administrative overhead,
5 salaries and other expenses recoverable under State law, incurred
6 during any Inspection conducted pursuant to Section 4903 of this
Chapter or where a Notice of Noncompliance, Administrative
7 Compliance Order or other enforcement option under Section 4904
'~ 8 of this Chapter is utilized to obtain compliance with this Chapter.
9 (m) "Illicit Connection" shall mean any man-made conveyance or'
drainage system, pipeline, conduit, inlet or outlet through which the
~_0 Discharge of any Pollutant to the Storm Water Drainage System
].l occurs or may occur. The term Illicit Connection shall not include
Legal Nonconforming Connections or connections to the Storm
1~- Water Drainage System that are hereinafter authorized by the
13 agency with jurisdiction over the system at the location at which
the connection is made.
15 (n) "Legal Nonconforming Connection" shall mean connections to
the Storm Water Drainage System existing as of the adoption of
16 this Chapter that were in compliance with all federal, state 'and
local rules, regulations, statutes and administrative' requirements
17 in effect at the time the connection was established, including but
18 not limited to any discharge permitted pursuant to the terms and
conditions of an individual discharge permit issued pursuant to
19 existing Chapter 9, Article 4 of the Tustin City' Code, that is
20 repealed as of the effective date of this Chapter.
21 (o) "New Development" shall mean all public and private
residential (whether single family,. multi-unit or planned unit
~2 development), industrial, commercial, retail, and other non-
23 residential construction projects, or grading for future construction,
for which either a discretionary land use approval, grading permit,
24 building permit or Non-residential Plumbing Permit is required.
(p) "Non-residential Plumbing Permit" shall mean. a plumbing
26 permit authorizing the construction and/or installation of facilities
for the conveyance of liquids other than storm water, potable
27 water, reclaimed water or domestic sewage.
28
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(q) "NPDES Permit' shall mean the currently applicable municipal
1 discharge permit issued by the Regional Water Quality Control
2 Board, Santa Ana Region.
3 (r) "Person" shall mean any natural person as well as any
4 . corporation, partnership, government entity or subdivision, trust,
estate, cooperative association, joint venture, business entity, or
5 other similar entity, or the agent, employee or 'representative of any
6 of the above.
7 (s) "Pollutant' shall mean any liquid, solid or semi-solid
8 substances, or combination thereof, including and not limited to:
9 1. Artificial materials (such as'~oatable plastics, wood
10 products or metal shavings);
11 2. Household waste (such as trash, paper, and plastics;
cleaning chemicals; yard wastes; animal fecal materials;
1~- used oil and fluids from vehicles, lawn mowers and other
13 common household equipment);
14 3. Metals and non-metals,' including compounds of
15 metals and non-metals, (such as cadmium, lead, zinc,
copper, silver, nickel, chromium, cyanide, phosphorus and
:1.6 arsenic), with characteristics which cause an adverse effect
on living organisms;
17
18 4. Petroleum and related hydrocarbons (such as fuels,
lubricants, surfactants, waste oils, solvents, coolants and
19 grease);
20
5. Animal wastes (Such as Discharge from confinement
21 facilities, kennels, pens and recreational facilities, including,'
22 stables, show facilities, or polo fields);
:>,3 6. Substances having a pH less than 6.5 or greater than
8.6, or unusual coloration, turbidity or odor;
2.5 7. Waste materials and wastewater generated on
construction sites and by construction activities (such as
26 painting and staining; use of sealants and glues; use of
lime; use.of wood preservatives and solvents; disturbance'
27 .of asbestos fibers, paint flakes or stucco fragments;
28 application of oils, lubricants, hydraulic, radiator or battery
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fluids; construction equipment washing; concrete pouring
1 and cleanup; use of concrete detergents; steam cleaning or
2 sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable
3 water line flushing);
8. Materials causing an increase in biochemical oxygen
5 demand, chemical oxygen demand or total organic carbon;
6
9. Materials which contain base/neutral or acid
7 extractable organic compounds;
8
10. Those Pollutants defined in Section 1362(6) of the
9 Federal Clean Water Act; and
!0 11. Any other constituent or material, including but not
11 limited to pesticides, herbicides, fertilizers, fecal coliform,
fecal streptococcus or enterococcus, or eroded soils,
1~. sediment and particulate materials, in quantities that will
interfere with or adversely affect the beneficial uses of the
13 "'receiving waters, flora or fauna of the State.
14
15 (t) "Prohibited Discharge" shall mean any Discharge which
contains any Po!lutant, from public or private property to (i) the
16 Storm Water Drainage System; (ii) any. upstream flow, which is
tributary to the Storm Water Drainage System; (iii) any
17 groundwater, river, stream, creek, wash or dry weather arroyo,
18 wetlands area, marsh, coastal slough, or (iv) any coastal harbor,
bay, or the Pacific Ocean. The term Prohibited Discharge shall not
19 include Discharges allowable under the Discharge Exception.
(u) "Significant Redevelopmerit shall mean the. rehabilitation or
reconstruction of public or private residential (whether single
t family, multi-unit or planned unit development), industrial,
22 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.
(v) "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-
27 lieu permitting authority of the State Water' Resources Control
28 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
2 construction activities.
3 (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
5 tributary to the County-wide storm water run0ff system and owned,
6 operated, maintained or controlled by County of Orange, the
Orange County Flood Control District or any Co-Permittee City,
7 and used for the purpose of collecting, storing, transporting, or
8 disposing of storm water.
4901 PROHIBITION ON ILLICIT CONNECTIONS AND PROHIBITED
10
DISCHARGES
11
l:Z (a) No Person shall:
~.3 (1) Construct, maintain, operate and/or utilize any Illicit
Connection.
15 (2) Cause, allowor facilitate any Prohibited .Discharge.
16 (3) Act, cause, permit or suffer.any agent, employee, or
17 independent contractor, to construct, maintain, operate or
utilize any Illicit Connection, or cause, allow or facilitate any
18 Prohibited Discharge.
19 (b) The prohibition against Illicit Connections shall apply
20 irrespective of whether the Illicit Connection was established prior to
the date of enactment of this Chapter; however, Legal Nonconforming
21 Connections shall not become Illicit Connections until the earlier of the '
22 following:
2~ (1) 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
~.5 this Chapter.
26 (2) For all nonstructural improvements to property'.
27 existing for the purpose of Discharge to the Storm Water
Drainage System, the expiration of six (6) months following
28 delivery of a notice to the owner or occupant of the
property, which states a Legal Nonconforming Connection
I has been identified. The notice of a Legal Nonconforming
2 Connection shall state the date of expiration of use under
this Chapter.
3
4 (c) A civil or administrative violation of this Section 4901 (a) shall
occur irrespective of the negligence or intent of the violator to
5 construct, maintain, operate or utilize an Illicit Connection or to cause,
6 allow or facilitate any Prohibited Discharge.
7 (d) If an Authorized Inspector reasonably determines that a
8 Discharge, which is otherwise within the Discharge Exception, may
adversely affect the beneficial uses of receiving waters, then the
9: Authorized Inspector may give written notice to the owner of the
I propertyor facility that the Discharge Exception shall not apply to the
subject Discharge following expiration of the thirty (30) day pedod
1I commencing upon delivery of the notice. Upon expiration of the thirty
(30) day period any such Discharge shall constitute a violation of this
1:~ Chapter.
13
(e) The owner or occupant of property on which a Legal
14~ Nonconforming Connection exists may request an extension of the
15 period allowed for continued use of the connection. A reasonable
extension of use may be authorized by the Director of Public Works,
16 or the Authorized Inspector upon consideration of the following
17 factors:
18 (1) The potential adverse effects of the continued use of
the connection upon the beneficial uses of receiving
19 waters;
20 (2) The economic investment of the discharger in the
21 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
56] 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.
1 4902 CONTROL OF URBAN RUNOFF
(a) New Development and Significant Redevelopment.
3
,~ (1) All New Development and Significant Redevelopment
within the City shall be undertaken in accordance with:
5
6 (A) The DAMP, including but not limited to the
Development Project Guidance; and
7
8 (B) Any conditions and requirements established
by the City Community Development Department and
9 Public Works Department, which are reasonably
related to the reduction or elimination of Pollutants in
10 storm water runoff from the project site.
(2) Prior to the issuance by the City of a grading permit,
12 building permit or Non-residential Plumbing Permit for any
13 New Development or Significant Redevelopment, the City
Community Development Department shall review the project
I4 plans and impose terms, conditions and requirements on the
15 project in accordance with Subsection (a)(1).. If the New
Development or Significant Redevelopment will be approved
16 without application for a grading permit, building permit or
Non-residential Plumbing Permit, the City Community
17 Development Department shall review the project plans and
18 impose terms, conditions and requirements on the project in
accordance with Subsection (a)(1) prior to the issuance of a
19 discretionary land use approval or, at the City's discretion,
20 prior to recordation of a subdivision map.
21 (3) Notwithstanding the foregoing Subsections (a)(1) and'
22 (a)(2), compliance with the Development Project Guidance
shall not be required for construction of a (one) single family
23 detached residence unless the City Community Development
Department determines that the construction may result in the
24 Discharge of significant levels of a Pollutant into a tributary to
25 the Storm Water Drainage System.
26 (4) Compliance with the conditions and requirements of
the DAMP shall not exempt any Person from the requirement
27 to .independently comply with each provision of this Chapter.
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1 (5) If the City Community Development Department
2 determines that the project will have a de minimis impact on
the quality of storm water runoff, then it may issue a written
3 waiver of the requirement for compliance with the provisions of
~ the Development Project Guidance.
5 (6) The owner of a New Development or Significant
6 Redevelopment project, or upon transfer of the property, its
successors and assigns, shall implement and adhere to the
7 terms, conditions and requirements imposed pursuant to
Subsection (a)(1) on a New Development or Significant
8
Redevelopment project.
(i) Each failure by the owner of the property or its
10 successors or assigns, to implement and adhere to
I! the terms, conditions and requirements imposed
pursuant to Subsection 4902(a)(1) on a New
l:z Development or Significant Redevelopment project
13 shall constitute a violation of this Chapter.
1,~ (7) The City Community Development Department may
15 require that the terms, conditions and requirements imposed
pursuant to Subsection 4902 (a)(1) be recorded with the
16 County Recorder's office by the. property owner. 'The
signature of the owner of the property or any successive
17 owner shall be sufficient for the recording of these terms,
18 conditions and requirements and a signature on behalf of the
City shall not be required for recordation.
19
:Z0 (b) Cost Recovery.
21 The City shall be reimbursed by the project applicant for all costs and
expenses incurred by the City Community Development Department
22 in the review of New Development or Significant Redevelopment
2~3 projects for compliance with the DAMP. The City Community
Development Department may elect to require a deposit of estimated
2~ costs and expenses, and the actual costs. and expenses shall be
~.5 deducted from the deposit, and the balance, if any, refunded to the
project applicant.
28
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1 4903 INSPECTIONS
(a) Scope of Inspections.
3
~ (1) Right to Inspect. Prior to commencing any inspection
as hereinbelow authorized, the Authorized Inspector shall
5 obtain either the consent of the owner or occupant of the
6 property or shall obtain an administrative inspection warrant or
criminal search warrant.
7
8 (2) Entry to Inspect. The Authorized Inspector may enter
property to investigate the source of any Discharge to any
9 public street, inlet, gutter, storm drain or the Storm Water
10 Drainage System located within the jurisdiction of the City.
13 (3) Compliance Assessments. The Authorized Inspector
may inspect property for the purpose of verifying compliance
12 'with this Chapter, including but not limited to (i) identifying
13 products produced, processes conducted, chemicals used
and materials stored on or contained within the property, (ii)
1z. identifying point(s) of discharge of all wastewater, process
15 water systems and-Pollutants, (iii) investigating the natural
slope at the location, including drainage patterns and man-
16 made conveyance systems, (iv) establishing the location of all
17 points of discharge from the property, whether by surface
runoff or through a storm drain system, (v) locating any Illicit
18 Connection or the source of Prohibited Discharge, (vi)
evaluating compliance with any permit issued pursuant to
19 Section 4905 hereof, and (vii) investigating the condition of
20 any Legal Nonconforming Connection.
23 (4) Portable Equipment. For purposes 'of verifying
22 compliance with this Chapter, the Authorized Inspector may
inspect any vehicle, truck, trailer, tank truck or other mobile
2,,,-3 equipment.
24 (5) Records Review. The Authorized Inspector may
25 inspect all records of the owner or occupant of property
relating to chemicals or processes presently or previously
26 occurring on-site, including material and/or chemical
27 inventories,. facilities maps or schematics and diagrams,
Material Safety Data Sheets, hazardous waste manifests,
28 business plans, pollution prevention plans, State General
Permits, Storm Water Pollution Prevention Plans, Monitoring
1 Program Plans and any other record(s) relating to Illicit
2 Connections, Prohibited Discharges, a Legal Nonconforming
Connection or any other source of contribution or potential
3 contribution of Pollutants to the Storm Water Drainage
~t System.
5i (6) Sample &Test. The Authorized Inspector may
6 inspect, sample and test any area runoff, soils area (including
groundwater testing), process discharge, materials within any
7 waste storage area (including any container contents), and/or
treatment system Discharge for the purpose of determining the
8
potential for contribution of pollutants to the Storm Water
9 Drainage System. The Authorized Inspector may investigate
the integrity of all storm drain and sanitary sewer systems, any
10 Legal Nonconforming Connection or other pipelines on the
11 property using appropriate tests, including but not limited to
smoke and dye tests or video surveys. The Authorized
l:Z Inspector may take photographs or video tape, make
~_3 measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
(7) Monitoring..The Authorized Inspector may erect and
15 maintain monitoring devices for the purpose of measudng any
16 Discharge or potential source of Discharge to the Storm Water
Drainage System.
17
18 (8) Test Results. The owner or occupant of property
subject to inspection shall, on submission of a written request,
19 receive copies of all monitoring and test results conducted by
20 the Authorized Inspector.
4904 ENFORCEMENT
:~.3 (a) Administrative Remedies.
~"~: (1) Notice of Noncompliance. The Authorized Inspector
2.5 may deliver to the owner or occupant of any property, or to any .
Person responsible for an IIlidt Connection or Prohibited
26 Discharge.. a Notice of Noncompliance. The Notice of.
27 Noncompliance shall be delivered 'in accordance with this
Section 4904.
I (A) The Notice of Noncompliance shall identify the
2 provision(s) of this Chapter or the applicable permit
which has been violated. The Notice of
3 Noncompliance shall state' that continued
4 noncompliance may result in additional enforcement
actions against the owner, occupant and/or Person.
5
6 (B) The Notice of Noncompliance shall state a
compliance date that must be met by the owner,
7 occupant and/or Person; provided, however, that the
8 compliance date may not exceed ninety (90) days
unless the Authorized Inspector extends the
9 compliance deadline an additional ninety (90) days
10 where good cause exists for the extension.
1I (2) Administrative Compliance Orders.
12 (A) The Authorized Inspector may issue an
13 Administrative Compliance Order. The Administrative
Compliance Order shall be delivered in accordance
14 with Subsection 4904 (a)(5) of this Chapter. The
15 Administrative Compliance Order may be issued to:
16 (1) The owner or occupant of any property
requiring abatement of conditions on the
17 property that cause or may cause a Prohibited
18 Discharge or an Illicit Connection in violation
of this Chapter;
19
~.0 (2) The owner of property subject to
terms, conditions or requirements imposed on
21 a project in accordance with. Subsection
4902(a)(1) to ensure adherence to those
22 terms, conditions and requirements.
(3) A permittee subject to the
2~ requirements of any permit issued pursuant to
25 Section 4905 hereof to ensure compliance
with the terms, conditions and requirements of
26~ the.permit.
(4) Any Person responsible for an Illicit
28 Connection or Prohibited Discharge.
1 (B) The Administrative Compliance Order may
include the following terms and requirements:
2
(1) Specific steps and time schedules for
3 compliance as reasonably necessary to
4; eliminate an existing Prohibited Discharge or
prevent the imminent threat of a Prohibited
5 Discharge, including but not limited to a
6 Prohibited Discharge from any pond, pit, well,
surface impoundment, holding or storage
7 area;
8 (2) Specific steps and time schedules for
9 compliance as reasonably necessary to
10 discontinue any Illicit Connection;
11 (3) Specific requirements for containment,
cleanup, removal, storage, installation 'of
12 overhead covering, or proper disposal of any
13 Pollutant having the potential 'to contact storm
" water runoff;
1,~
15 '(4) Any other terms or requirements
reasonably calculated to prevent the imminent
16 threat of or continuing violations of 'this
Chapter, including, but not limited to
l? requirements for compliance with best
18 management practices guidance documents
promulgated by any federal, State of
!9 California or regional agency;
9.0 (5) Any other terms or requirements
21 reasonably calculated to achieve' full
compliance with the terms, conditions and
23 requirements of any permit issued pursuant
:>,3 hereto.
2,~: (3) Cease and Desist Orders.
~Z5 (A) The Authorized Inspector-may issue a Cease ·
26 and Desist Order. A Cease and Desist Order shall be
delivered in accordance with Subsection 4904(a)(5)
9.7 of this Chapter. A Cease and Desist Order may
28 direct
the owner or occupant of any property and/or other
1 Person responsible for a violation of this Chapter to:
(1.) Immediately discontinue any Illicit
3 Connection or Prohibited Discharge to the
~, Storm Water Drainage System;
5 (2) Immediately contain or divert any flow
6 of water off the property, where the flow is
occurring in violation of any provision of this
7 Chapter;
8 (3) Immediately discontinue any other
9 violation of this Chapter;
10 (4) Clean up the area affected by the
1~_ violation.
12 (B) The Authorized Inspector may direct by Cease
13 and Desist Order (1) that the owner of any property or
his successor, in interest, which property is subject to
1~, any conditions or requirement issued pursuant to
Subsection 4902(a)(1 );or (2) any permittee under any
15 permit issued pursuant to Section 4905'hereof:
16
(1) Immediately 'cease any activity not in
~-? compliance with the terms, conditions and
18 requirements issued pursuant to Subsection
4902 (a)(1) of the applicable permit.
19
20 (4) Recovery of Costs. The Authorized Inspector may
deliver to the owner or occupant of any property, any permittee
21 or any other Person who becomes subject to-a notice of
noncompliance or administrative order, an Invoice for Costs.
23 An Invoice for Costs shall be delivered in accordance with
2,,:1 Subsection 4904(a)(5) of this Chapter. An Invoice for Costs
shall be immediately due and payable to the City for the actual
:Z~- costs incurred by the City in issuing and enforcing any notice
or order.
26 . (A) If any owner or occupant, permittee or any
other Person subject to an invoice for costs fails .to.
27 either pay the Invoice for-Costs or appeal
28 successfully the Invoice for Costs in accordance with
Subsection 4904(a)(6), then the Enforcing Attomey
I may institute collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance,
3 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
5 following:
6 (A) The notice shall state that the recipient has a
? right to appeal' the matter as set forth in Subsection
8 4904(a)(6) through Subsection 4904(a)(10) of this
Chapter.
(B) Delivery shall be deemed complete upon (a)
10 personal service to the recipient; (b) deposit in the
11 U.S. mail, postage pre-paid for first class delivery; or
(c) facsimile service with confirmation of receipt.
13 (C) Where the recipient of notice is the owner of
the property, the address for notice shall be the
1~ address from the most recently issued equalized
15 assessment. roll for the property or as otherwise
appears in the current records of the City.
16
(D) Where the owner or occupant of any property
17 cannot be located after the reasonable efforts of the
18 Authorized Inspector, a Notice of Noncompliance or
Cease and Desist Order shall be deemed delivered
19 after posting on the property for a period of ten (10)
20 business days.
2] (6)Administrative Headn.q for Notices of Noncompliance,
Administrative Compliance Orders, Invoices for Costs and
22 Adverse Determinations. Except as set forth in Subsection
23 4904(a)(8), any Person receiving a Notice of
Noncompliance, Administrative Compliance Order, a notice
2~ of Legal Nonconforming Connection, an Invoice for Costs,
25 or any Person who is subject to any adverse determination
made pursuant to this Chapter, may appeal the matter by
26 requesting an administrative hearing. Notwithstanding the
foregoing-, these administrative appeal procedures shall not'
27 apply to criminal proceedings initiated to enforce this
28 Chapter.
I (7) Request for Administrative Hearing. Any person
2: appealing a Notice of Noncompliance, an Administrative
Compliance Order, a notice of Legal Nonconforming
3 Connection, an Invoice for Costs or an adverse
~1 determination shall, within thirty (30) days of receipt
thereof, file a written request for an administrative hearing,
5 accompanied by an administrative hearing fee as
6 established by separate resolution, with the Office of the
City Clerk, with a copy of the request for administrative
7 hearing mailed on the date of filing to the Director of Public
8 Works and the City Attorney. Thereafter, a hearing on the
matter shall be held before the Hearing Officer within forty-
9 five (45) business days of the date of filing of the written
10 request unless, in the reasonable discretion of the Hearing
Officer and pursuant to a written request by the appealing
11 party, a continuance of the hearing is granted.
1~- (8) Administrative Hearing for Cease and Desist Orders
13 and Emergency Abatement Actions. An administrative
· 'hearing on the issuance of a Cease and Desist Order or
14 following an emergency abatement action shall be held
within five (5) business days following the issuance of the
15 order or the action of abatement, unless the hearing (or the
16 time requirement for the hearing) is waived in writing by the
party subject to the Cease and Desist Order or the
17 emergency abatement. A request for an administrative
18 hearing shall not be required from the Person subject to the
Cease and Desist Order or the emergency abatement
19 action.
(9) Hearinq Proceedings. The Authorized Inspector shall
21 appear in support of the notice, order, determination,'
Invoice for Costs or emergency abatement action, and the
22 appealing party shall appear in support of withdrawal of the
:>3 notice, order, determination, Invoice for Costs, or in
opposition to the emergency abatement action. Except as
24 set forth in Section 4901 (g) the City shall have the burden
25 of supporting any enforcement or other'action by a
preponderance of the evidence. Each party shall have the
26 right to present testimony and other documentary evidence
27 as necessary for explanation of the case.
28
(10) . Final Decision and Appeal. The final: decision of the
1 Hearing Officer shall issue within ten (10) business days of
2 the conclusion of the hearing and shall be delivered by first-
class mail, postage prepaid, to the appealing party. The
3 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
5 and shall be commenced within ninety (90) days following
6 issuance of the final decision. The administrative hearing
fee paid by a prevailing party in an appeal shall be
7 refunded.
8
Notwithstanding this Subsection 4904(a)(10), the final decision
9 of the Headng Officer in any preceding determining the validity
of a Cease and Desist Order or following an emergency
10 abatement action shall be mailed within five (5) business days
11 following the conclusion of the hearing.
1~- (11) City Abatement. In the event the owner of property,
13 the operator of a facility, a permittee or any other Person fails
to comply with any provision of a compliance schedule issued
I~ to such owner, operator, permittee or Person pursuant to this
Chapter, the Authorized Inspector may request the Enforcing
15 Attorney to obtain an abatement warrant or other appropriate
16 judicial authorization to enter the property, abate the condition
and restore the area. Any costs incurred by the City in
17 obtaining and carrying out an abatement warrant or other
18 judicial authorization may be recovered pursuant to
Subsection 4904(b)(4).
19
:ZO (b) Nuisance.
21 Any condition in violation of the prohibitions of this Chapter, including
but not limited to the maintenance or use of any illicit Connection or
22 the occurrence of any Prohibited Discharge, shall constitute a threat
:~.3 to the public health, safety and welfare, and is declared and deemed a
nuisance pursuant to-Government Code Section 38771.
:Z5 (1) Court Order to Enioin or Abatement. At the request
of the Director of Public Works or the Authorized Inspector,
26 the Enforcing Attorney may seek a court order to enjoin and/or
abate the nuisance.
28
,'~
(2) Notice to Owner and Occupant. Prior to seeking any
1 court order to enjoin or abate a nuisance or threatened
2 nuisance, the Director of Public Works or the Authorized
Inspector shall provide notice of the proposed injunction or
3 abatement to the owner and occupant, if any, of the property
~, where the nuisance or threatened nuisance is occurring.
5 (3) Emergency Abatement. In the event the nuisance
6 constitutes an imminent danger to public safety or the
environment, the Director of Public Works or Authorized
7 Inspector may enter the property from which the nuisance
8 emanates, abate the nuisance and restore any property
affected by the nuisance. To the extent reasonably
9 practicable,. informal notice shall be provided to the owner or
occupant prior to abatement. If necessary to protect the public
10 safety or the environment, abatement may proceed without
11 prior notice to or consent from the owner or occupant thereof
and without judicial warrant.
iSll (A) An imminent danger shall include, but is not
" limited to, exigent circumstances created by the
I4 dispersal of Pollutants, where the same presents a
15" significant and immediate threat to the public safety
or the environment.
16
(B) Notwithstanding the authority of the City to
17 conduct an emergency abatement action, an
18 administrative hearing pursuant to Subsection
4904(a)(8) hereinabove shall follow the abatement
19 action.
20
(4) Reimbursement Of Costs. All costs incurred by the in
21 responding to any nuisance, all administrative expenses and
all other expenses recoverable under State law, shall be
~2 recoverable from the Person(s)creating, causing, committing,
23 permitting or maintaining the nuisance.
2~, (5) Nuisance Lien. All costs shall become. a lien against
~-5 the property from which the nuisance emanated and a
personal obligation against the owner thereof in accordance
26 with Govemment Code Section 38773.1 and Section 38773.5.
The owner .of record of the property- subject to any lien shall
9,7 be given notice of the lien pdor to recording as required by
28 Government Code Section 38773.1.
1 At the direction of the Director of Public Works, the Authorized
2 Inspector, or the Enforcing Attomey is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an
3 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
5 Code Section 38773.5.
6
(c) Criminal Sanctions.
7
8 (1) Prosecutor. The Enforcing AttornSy may act on the
request of the Director of Public Works or Authorized
9 Inspector to pursue enforcement actions in accordance with
the provisions of this Chapter.
10
11 (2) Infractions. Pursuant to Tustin City Code Section
1121, any Person who may otherwise be charged witha
I:Z misdemeanor under this Chapter may be charged, at the
13 discretion of the Enforcing Attorney, with an infraction
punishable by a fine of not more than $100 for a first violation,
1~ $200 for a second violation, and a fine not exceeding $500 for
each additional violation occurring within one year.
15
16 (3) Misdemeanors: Any Person who negligently or
knowingly violates any provision of this Chapter, undertakes to
17 conceal any violation of this Chapter, continues any violation
18 of this Chapter after notice thereof, or' violates the terms,
conditions and requirements of any permit issued pursuant to
19 this Chapter, shall be guilty of a misdemeanor punishable by a
:Z0 fine of not more than $1000 or by imprisonment for a period of
not more than six months; or both.
:Z2 (d) Consecutive Violations.
2,,3i[ Pursuant to Tustin City Code Section 1121, each day in which a
violation occurs and each separate failure to comply with either a
:Z4 separate provision of this Chapter, an Administrative Compliance
2.5! Order, a Cease and Desist Order or a permit issued pursuant to this
, Chapter, shall constitute a separate violation of this Chapter
26 punishable by fines or sentences issued in accordance herewith.
28
(e) Non-exclusive Remedies.
1
2 Each and every remedy available for the enforcement of this Chapter
shall be non-exclusive and it is within the discretion of the Authorized
3 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.
5
6 (f) Citations.
7 Pursuant to Penal Code Section 836.5, the Authorized Inspector shall
have the authority to cause the arrest of any Person committing a
8
violation of this Chapter. The Person shall be released and issued a
9 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
10 taken before a magistrate. Following issuance of any citation the
11 Authorized Inspector shall refer the matter to the Enforcing Attomey.
12 Each citation to appear shall state the name and address of the
13 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
16 (10) business days after the date of violation. The Person cited shall
15 sign the citation giving his or. her written promise to appear as stated
therein. If the Person cited fails to appear, the Enforcing' Attomey may
16 request issuance of a warrant for the arrest of the Person cited.
17 (g) Violations of Other Laws.
18
Any Person acting in violation of this Chapter also may be acting in
19 1 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
20
liability. Accordingly,. the Enforcing Attomey is authorized to file a
21 citizen suit pursuant to Federal Clean Water Act Section 505(a),-
seeking penalties, damages, and orders compelling compliance, and
22 other appropriate relief. The Enforcing Attorney may notify EPA
2,3 Region IX, the Santa Ana Regional Water Quality Control Board, or
any other appropriate state or local agency, of any alleged violation of
2~: this Chapter.
:25
26 :
-,.2A~,
(h) Injunctions.
2 At the request of the Director of Public Works or the Authorized
Inspector, the Enforcing Attorney may cause the filing in a court of
3 competent jurisdiction, of a civil action seeking an injunction against
4 any threatened or continuing noncompliance with the provisions of
this Chapter.
5
6 (1) Order for Reimbursement. Any temporary,
preliminary or permanent injunction issued pursuant hereto
7 may include an order for reimbursement to the City of all costs
incurred in enforcing this Chapter, including costs of
8
inspection, investigation and monitoring, the costs of
9 abatement undertaken at the expense of the City, costs
relating to restoration of the environment and all other
10
expenses as authorized by law.
(i) Other Civil Remedies.
13 (1) The Director of Public Works or the Authorized
Inspector may cause the Enforcing Attorney to file an action
14 for civil damages in a court of competent jurisdiction seeking
recovery of (i) all costs incurred in enforcement of the Chapter,
15 including but not limited to costs relating to' investigation,
16 sampling, monitoring, inspection, administrative expenses,' all
other expenses as authorized by law, and consequential
]-? damages, (ii) all costs incurred in mitigating harm to the
18 environment or reducing the threat to human health, and (iii)
damages for irreparable harm to the environment.
19
20 (2) The Enforcing Attorney is authorized to file actions for
civil damages resulting 'from any trespass or nuisance
21 occurring on public land or to the Storm Water Drainage.
System from any violation of this Chapter where the same has
22 caused damage, contamination or harm to the environment,
2,:1 public property or the Storm Water Drainage System.
24 (3) The remedies available to the City pursuant to the
25 provisions of this Chapter shall not limit the right' of the City to
seek any other remedy that may be available by law.
26
28
~.?.,5
4905 PERMITS
2 (a) Discharge Permit Procedure.
3 (1) - Permit. On application of the owner of property or the
4 operator of any facility, which property or facility is not
otherwise subject to the requirements of a State General
5i Permit or a National Pollution Discharge Elimination System
6 Permit regulating storm water discharges, the Director of
Public Works or the Authorized Inspector may issue a permit
7 authorizing the release of non-storm water Discharges to the
Storm Water Drainage System if:
8
9 (A) The Discharge of material or constituents is
reasonably necessary for the conduct of otherwise
!0 legal activities on the property; and
(B) The Discharge will not cause a nuisance,
12 impair the beneficial uses of receiving waters, or
13 cause any reduction in established water quality
" · standards:
(2) Application.. The applicant shall provide all
15 information requested by the Director of Public' Works or the
16 Authorized Inspector for review and consideration of-the
application, including but not limited to specific detail as to the
17 activities to be conducted on the property, plans and
18 specifications for facilities located On the property,
identification of equipment or processes to be used on-site
19 and other information as may be requested in order to
determine the constituents, and quantities thereof, which may
20
be discharged if permission is granted.
(3) Permit Issuance. The permit shall be granted or
~2 denied by the Director of Public Works, Authorized Inspector
:>3 or his or her designated representative, no later than sixty (60)
.business days following the completion and acceptance of the
24 application as determined by the Director of Public Works or
the Authorized Inspector. The applicant shall'be notified in
25
Person or by first-class mail, postage prepaid, of the action
26 taken.
27
(4) Permit Conditions. The permit may include terms,
1 conditions and requirements to ensure compliance with the
2 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
5 enter the Storm Water Drainage System;
6 (B) Identification of the constituents and quantities
7 thereof to be' discharged into the Storm Water
8 Drainage System;
9 (C) Specification 'of ' pollution prevention
techniques and structural or non-structural control
10 requirements as reasonably necessary to prevent the
11 occurrence of potential Discharges in violation of this
Chapter;
13 (D) Requirements for self-monitoring of any
"' .Discharge;
(E) Requirements for submission of documents or
15 data, such as technical reports, production data,
16 Discharge reports, self-monitoring reports and waste
manifests; and
18 (F) Other terms and conditions appropriate to
ensure compliance with the provisions of this Chapter
~9 and the protection of receiving waters, including
requirements for compliance with best management
9.0 practices guidance documents approved by any
21 federal, State of California or regional agency.
22 (5) General Permit. In the discretion of the Director of
~3 Public Works or the Authorized Inspector, the permit may, in
accordance with the conditions identified in Subsection
2~, 4905(a)(4) hereinabove, be prepared as a general permit
~Z5 applicable to a specific category of activities. If a general
permit is issued, any Person intending to Discharge within the
26 scope of the authorization provided by the general permit may
28
do so by filing an application to Discharge with the Director of
I Public Works or the Authorized Inspector. No Discharge
2 within the scope of the general permit shall occur until such
application is so filed.
3
~, (A) Notwithstanding the foregoing in this
Subsection 4905(a)(5), the Director of Public Works
5 or the Authorized Inspector in 'their discretion, may
6 eliminate the requirement that an application for a
general permit be filed for any specific activity for
7 which a general permit has been issued.
8
(6) Permit Fees. The permission to Discharge may be
9 conditioned upon the- applicant's payment of the City's costs,
in accordance with a fee schedule adopted by separate
10 resolution, as follows:
11
(A) For individually issued permits, the costs of
l:Z reviewing the permit application, preparing and
issuing the permit, and the costs reasonably related
13 -to administrating this permit program.
(B) For general permits, the costs of reviewing
15 the permit application, that portion of' the costs of
16 preparing the general permit which is reasonably
attributable to the permittee's application for the
17 general permit, and the costs reasonably related to
18 administering the general permit program. Not
withstanding the foregoing, no permittee shall be
19 charged for a general permit issued pursuant to
:Z0 Subsection 4905(a)(5)(A).
2] (b) Permit Suspension, Revocation or Modification.
22 (1) The Director of Public Works or the Authorized
2,3 Inspector may suspend or revoke any permit when it is
determined that:
:Z5 (A) The permittee has violated any term, condition
or requirement of the permit or any applicable
26 provision of this Chapter; or
27
28
(B) The permittee's Discharge or the
1 circumstances under which the Discharge occurs
2 have changed so that it is no longer appropriate to
except the Discharge from the prohibitions on
3 Prohibited Discharge contained within this Chapter; or
(C) The permittee fails to comply with any
5 schedule for compliance issued pursuant to this
6 Chapter; or
7 (D) Any regulatory agency, including EPA or a
Regional Water Quality Control Board having
8 jurisdiction over the Discharge, notifies the City that
9 the Discharge should be terminated:
10 (2) The Director of Public Works or the Authorized
11 Inspector, may modify any permit when it is determined that:
12 (A) Federal or state law requirements have
13 changed in a manner that necessitates a change in
· ' · the permit; or
lzJ:
(B) The permittee's Discharge or the
15 circumstances under which the Discharge occurs
16 have changed so that it is appropriate to modify' the
permit's terms, conditions or requirements; or
17
18 (C) A change to the permit is necessary to ensure
compliance with the objectives of this Chapter or to
19 protect the quality of receiving waters.
The Permittee, or in the case of a general permit, each Person
21 who has filed an application pursuant to-Subsection
4905(a)(5)., shall be informed of any change in the permit
22 terms and conditions at least sixty (60) business days prior to
2,,:3 the effective date of the modified permit. In the case of a
general permit issued pursuant to Subsection 4905(a)(5), any
2~, change in the permit terms and conditions shall· be published
in newspaper of general circulation within the City at least
25
once, sixty (60) days prior to the effective date of the modified
26 permit.
27
(3) The determination that a permit shall be denied,
1 suspended, revoked or modified may be appealed by a
2 permittee pursuant to the same procedures applicable to
appeal of an Administrative Compliance Order hereunder. In
3 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.
5 ..
6 (c) Permit Enforcement
7 Any violation of the terms, conditions and requirements of any permit
issued by Director of Public Works or the Authorized Inspector shall
8
constitute a violation of this Chapter and subject the violator to the
9 administrative, civil and criminal remedies available under this-
Chapter.
:[0
11 (d) Limited Permittee Rights.
12 Compliance with the terms, conditions and requirements of a permit
13 issued pursuant to this Chapter shall not .relieve the permittee from
compliance with all federal, state and local laws, regulations and
14: permit requirements,. applicable to the activity for which the permit is
issued. Permits issued under this Chapter are for the Person or entity
15
identified therein as the "Permittee" only, and authorize the specific
16 operation at the specific location identified in the permit. The issuance
of a Permit does not vest the permittee with a continuing right to
17 Discharge.
18
(e) Transfer of Permits. No permit issued to any Person may be
19 transferred to allow:
(1) A DiScharge to the Storm Water Drainage System at
21 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
24 may approve a transfer if wdtten approval is obtained,
25 in advance, from the Director of Public' Works or the
Authorized Inspector. :
28
4906 INTERAGENCY COOPERATION
1
2 (a) The City intends to cooperate with other agencies with
jurisdiction. over storm water discharges to ensure that the regulatory
3 purposes' underlying storm water regulations promulgated pursuant to
,1 the Clean Water Act (33 USC §1251 et seq.) are met.
5 (b) The City may, to the extent authorized by 'law, elect to contract
6 for the services of any public agency or private enterprise to carry out
the planning approvals, inspections, permits and enforcement
7 authorized by this Chapter.
8
4907 MISCELLANEOUS
10iJ (a) Full compliance by any Person or entity with the provisions of this
Chapter shall not preclude the need to comply with other local,
11 state or federal statutory or regulatory requirements, which may be
required for the control of the Discharge of Pollutants into storm
I:Z water and/or the protection of storm water quality.
13
SECTION 4 SEVERABILITY
14
15 '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
16 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
18 and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections,
19 sentences, clauses, phrases, or portions be declared invalid or
:~0unconstitutional.
21PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
23meeting held on the 7th day of July, 1997.
r
24 J ..Mayor
~-5
:Z7 Pamela Stoker
28 City Clerk
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1174
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1174 was introduced at
at regular meeting of the City Council on June 16, 1997, and was passed
and adopted at a regular meeting of the City Council held on July 7
1997 by the following vote: '
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker,