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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 -2- 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 -s- 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. -6- (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 -?- (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 -s- 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, -9- 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. -12- 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 -13- 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,