HomeMy WebLinkAboutOrdinance #4206 ORDINANCE NO. 4206
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER
14.24 AND AMENDING CHAPTER 14.25 OF THE HUNTINGTON BEACH MUNICIPAL
CODE REGARDING STORM WATER AND URBAN RUNOFF MANAGEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Findings.
A. The Federal Clean Water Act (33 USC §1251 et seq), requires that municipal
separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit
non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge
of pollutants to the maximum extent practicable." This permitting authority has been delegated
by the United States Environmental Protection Agency ("EPA") to the State of California,which
has authorized the State Water Resources Control Board and its local regulatory agencies,the
Regional Water Quality Control Boards,to control non-point source discharges to California's
waterways.
B. Chapter 14.25 of the Huntington Beach Municipal Code (Code) was adopted in
1997 to comply with the Municipal Separate Storm Sewer System permit ("MS4 permit")the
Santa Ana California Water Quality Control Board-Santa Ana Region issued Orange County.
The MS4 permit requires the City to demonstrate through its ordinances the necessary legal
authority to enforce prohibited discharges to the storm drains that would have a negative impact
on the water quality and aesthetic value of downstream receiving water bodies such as the Santa
River and the Pacific Ocean.
C. The California Water Quality Control Board-Santa Ana Region revised the MS4
permit in 2009 pursuant to Order No. R8-2009-0030, and these amendments to Chapter 14.25
will allow the City to fully enforce the latest MS4 permit.
SECTION 2. Chapter 14.24 of the Huntington Beach Municipal Code is repealed.
SECTION 3. Subsection C of Section 14.25.010 of the Huntington Beach Municipal
Code is amended to read as follows:
C. The City of Huntington Beach has adopted and amended this Chapter to comply
with the Municipal Separate Storm Sewer System permit ("MS4 permit") the California Water
Quality Control Board-Santa Ana Region issued Orange County. The MS4 permit requires the
City to demonstrate through ordinances the necessary legal authority to enforce prohibited
discharges to the storm drain that would have a negative impact on the water quality and
aesthetic value of downstream receiving water bodies such as the Santa River and the Pacific
Ocean.
SECTION 4. The definition of"Authorized Inspector" at Section 14.25.020 of the
Huntington Beach Municipal Code is amended to read as follows:
"Authorized Inspector" shall mean the Director of Public Works, the Fire Chief and the
Director of Community Development, and persons designated by and under his or her instruction
and supervision, who are assigned to investigate compliance with, detect violations of, and/or
take actions pursuant to this Chapter.
ORDINANCE NO. 4206
SECTION 5. The definition of"Best Management practices is added in alphabetical
order to Section 14.25.020 to read as follows:
"Best Management Practices ("BMPs")" shall mean schedules of activities, pollution
treatment practices or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
management practices or devices to prevent or reduce the discharge of pollutants directly or
indirectly to stormwater, receiving waters, or the stormwater drainage system. Best
Management Practices also include, but are not limited to, treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or
drainage from raw materials storage. Best Management Practices may include any type of
pollution prevention and pollution control measure that can help achieve compliance with this
Chapter.
SECTION 6. The definition of"Discharge Exception" at Section 14.250.020 is
amended to read as follows:
"Discharge Exception" shall mean the group of activities not restricted or prohibited by this
Chapter, including only:
1. Discharges composed entirely of stormwater;
2. Discharges subject to regulation under current EPA or Regional Water Quality
Control board issued NPDES permits, State General Permits, or other waivers, permits or
approvals granted by an appropriate government agency;
3. Emergency firefighting flows (i.e., flows necessary for the protection of life and
property). Where reasonably feasible, however, and without interfering with health and
safety, the use of BMP's should be considered;
4. Diverted stream flows, flows from riparian habitats and wetlands, rising
groundwater, and de minimis ground water infiltration to the stormwater drainage system
(from leaks in joints or connections or cracks in water drainage pipes or conveyance
systems);
5. Dechlorinated swimming pool discharges, dechlorinated to a concentration of 0.1
ppm or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity
controlled to prevent causing hydrologic conditions of concern in receiving waters
(cleaning wastewater and filter backlash discharges, however are prohibited).
6. Discharges to the stormwater drainage system from passive foundation drains, air
conditioning condensation, water from crawl space pumps, passive footing drains, non-
commercial vehicle washing;
7. Discharges of waters not otherwise containing waste as defined in California
Water Code Section 13050(d);
8. Discharges from portable water sources, including water line flushing, super-
chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test
water: Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less,
pH adjusted if necessary, and volumetrically and velocity controlled to prevent causing
hydrologic conditions of concern in receiving waters. pH must be no less than 6.5 and no
greater than 8.6.
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9. Other types of discharges identified and recommended by the permittees and
approved by the Santa Ana Regional Water Quality Control Board.
In any action taken to enforce this Chapter, the burden shall be on the person who is the
subject of such action to establish that a discharge was within the scope of this Discharge
Exception.
SECTION 7. The definition of"Fugitive dust" is added in alphabetical order to Section
14.25.020 of the Huntington Beach Municipal Code to read as follows:
"Fugitive dust" shall mean very small particles suspended in the air, the source of which is
primarily the earth's soil but can include dust generated from cutting stone and concrete.
SECTION 8. The definitions of"Imminent Danger" and "Nuisance" are added in
alphabetical order to Section 14.25.020 of the Huntington Beach Municipal Code to read as
follows:
"Imminent Danger" shall mean, but is not limited to, exigent circumstances created by the
dispersal of pollutants, which present a significant and immediate threat to the public safety or
the environment.
"Nuisance" shall mean any discharge permitted as a discharge exemption but identified by the
Authorized Inspector as a nuisance and a threat to water quality, either due to the nature of the
discharge, volume of the discharge, and/or potential negative impact to the receiving water body.
SECTION 9. The definition of"Pollutant" at Section 14.250.020 of the Huntington
Beach Municipal Code is amended to read as follows:
"Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof,
including and not limited to:
1. Trash and debris, (such as, but not limited to, floatable plastics, wood products or
metal shavings.)
2. Domestic Sewage.
3. Sediment due to construction or landscaping activities or due to lack of effective
erosion and sediment controls.
4. Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic)
with characteristics which cause an adverse effect on living organisms.
5. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste
oils, solvents, coolants and grease).
6. Animal waste and wash-water resulting from cleaning activities to areas affected
by animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including, stables, show facilities, or polo fields).
7. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,
turbidity or odor.
8. Waste materials and wastewater generated on construction sites and by
construction activities (such as painting and staining; use of sealants and glues; use of
lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes
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or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for portable water line flushing).
9. Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon.
10. Materials which contain base/neutral or acid extractable organic compounds.
11. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act.
12. Any other constituent or material, including but not limited to pesticides,
herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils,
sediment and particulate materials, in quantities that will interfere with or adversely
affect the beneficial uses of the receiving waters, flora or fauna of the City and state.
13. Washwater resulting from cleaning activities of outdoor surfaces such as patios,
sidewalks, walkways, building exteriors, balconies, roofs, windows and decks.
14. Discharge resulting from cleaning activities, repair, or maintenance of any type of
equipment, machinery, or facility, including, but not limited to, motor vehicles, concrete
mixing equipment, portable toilet servicing, etc.
15. Washwater from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such commercial and industrial mobile washing activities.
16. Water from cleaning of municipal, industrial, and commercial facilities, locations
and area, including, but not limited to, parking lots, streets, sidewalks, driveways, patios,
refuse enclosures, plazas, work yards, and outdoor eating or drinking areas, etc.
17. Runoff from material storage areas including, but not limited to, receptacles that
contain chemicals, fuels, grease, oil, hazardous materials, food waste, and trash/debris.
18. Non-stormwater discharges defined as Discharge Exception but identified by the
Authorized Inspector as a nuisance due to the nature of the discharge, volume of the
discharge, and/or potential negative impact to quality.
19. Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals; pool filter backwash containing debris and chlorine.
20. Food service establishment or food processing facility wastes including, but not
limited to, food waste, grease oil, washwater from floor mat, equipment, and trash
enclosure cleaning activities, etc.
21. Fugitive dust.
Any pollutant which is duplicative of another shall not be construed to exclude either item, as the
same pollutant may be described more than one time.
SECTION 10. The definition of"Prohibited discharge" at Section 14.250.020 of the
Huntington Beach Municipal Code is amended to read as follows:
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"Prohibited discharge" shall mean any discharge which contains any pollutant, from public or
private property:
1. The stormwater drainage system;
2. Any upstream flow, which is tributary to stormwater drainage systems;
3. Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area,
marsh, coastal slough; or
4. Any coastal harbor, bay or the Pacific Ocean.
The term"Prohibited discharge" shall not include discharges allowable under the
Discharge Exception unless declared a nuisance by City staff.
SECTION 11. The definition of"Receiving waters" is added in alphabetical order to
Section 14.25.020 to read as follows:
"Receiving waters" shall mean-a"water of the United States" within the scope of the California
Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes,
ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean and groundwater.
SECTION 12. The definition of"State General Permit" at Section 14.250.020 of the
Huntington Beach Municipal Code is amended to read as follows:
"State General Permit" shall mean either the State Industrial General Permit or the State
Construction General Permit and the terms and requirements of either or both. In the event the
U.S. Environmental Protection Agency ("EPA") revokes the in-lieu permitting authority of the
State Water Resources Control Board, then the term"State General Permit" shall also refer to
any EPA administered stormwater control program for industrial and construction activities.
SECTION 13. The definition of"Stormwater drainage system" at Section 14.250.020
shall be amended to read as follows:
"Stormwater drainage system" shall mean street gutter, channel, storm drain, constructed
drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or
tributary to the countywide storm water runoff system and owned, operated, maintained or
controlled by the City, the County of Orange, the Orange County Flood Control District, or any
co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of
stormwater.
SECTION 14. Section 14.25.030 of the Huntington Beach Municipal Code is amended
to read as follows:
14.25.030 Prohibition on Illicit Connections and Prohibited Discharges
A. No person shall:
1. Construct, maintain, operate and/or utilize any illicit connection.
2. Cause, allow or facilitate any Prohibited discharge.
3. Act, cause, permit or suffer any agent, employee, or independent
contractor, to construct, maintain, operate or utilize any illicit connection, or
cause, allow or facilitate any prohibited discharge.
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B. No person shall cause, facilitate or contribute to a discharge into the stormwater
drainage system, or into an area or in a manner that will result in a discharge into the
stormwater drainage system of:
1. Any substance causing, or threatening to cause, a condition of pollution,
contamination, or a nuisance, as that term is defined in Section 13050 of the
California Water Code.
2. Any substance causing or contributing to an exceedance of any water
quality standard for surface water or groundwater.
C. The prohibition against illicit connections shall apply irrespective of whether the
illicit connection was established prior to the date of enactment of this Chapter; however,
legal nonconforming connections shall not become illicit connections until the earlier of
the following:
1. For all structural improvements to property installed for the purpose of
discharge to the stormwater conveyance system, the expiration of five years from
the adoption or amendment of this Chapter establishing the new standard.
2. For all nonstructural improvements to property existing for the purpose of
discharge to the stormwater conveyance system, the expiration of six months
following delivery of a notice to the owner or occupant of the property, which
states a legal nonconforming connection has been identified. The notice of a legal
nonconforming connection shall state the date of expiration of the use under this
Chapter.
D. A civil or administrative violation of Section 14.25.030 shall occur irrespective of
the negligence or intent of the violator to construct, maintain, operate or utilize an illicit
connection or to cause, allow or facilitate any prohibited discharge.
E. If an Authorized Inspector reasonably determines that a discharge, which is
otherwise within the Discharge Exception, may adversely affect the beneficial uses of
receiving waters, then the Authorized Inspector may give written notice to the owner of
the property or facility that the Discharge Exception shall not apply to the subject
discharge following expiration of the 30-day period commencing upon delivery of the
notice. Upon expiration of the 30-day period, any such discharge shall constitute a
violation of Section 14.25.030,
F. The owner or occupant of property on which a legal nonconforming connection
exists may request an administrative hearing, pursuant to the procedures set forth in
Section 14.25.060 for an extension of the period allowed for continued use of the
connection. A reasonable extension of use may be authorized by the Director of Public
Works or City Engineer, upon consideration of the following factors:
1. The potential adverse effects of the continued use of the connection upon
the beneficial uses of receiving waters;
2. The economic investment of the discharger in the legal nonconforming
connection; and
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3. The financial effect upon the discharger of a termination of the legal
nonconforming connection.
SECTION 15. Section 14.25.040 of the Huntington Beach Municipal Code is amended to
read as follows:
14.25.040 New Development and Significant Redevelopment
A. All new development and significant redevelopment shall be undertaken in
accordance with:
1. The DAMP, including but not limited to the Orange County Technical
Guidance Document;
2. Any conditions and requirements established by the Community
Development Department and/or the Public Works Department, which are
reasonably related to the reduction or elimination of pollutants in stormwater
runoff from the project site; and,
3. Conformance with the Statewide Water Quality Control Plan for Ocean
Waters of California to control trash, also known as the Trash Provisions.
B. Prior to the issuance of a grading permit, building permit or nonresidential
plumbing permit for any new development or significant redevelopment, the Community
Development Department and/or Public Works Department shall review the project plans
and impose terms, conditions and requirements on the project in accordance with this
Section. If the new development or significant redevelopment will be approved without
application for a grading permit, building permit or nonresidential plumbing permit, the
Community Development Department and/or the Public Works Department shall review
the project plans and impose terms, conditions and requirements on the project in
accordance with this Section prior to the issuance of a discretionary land use approval or,
at the City's discretion, prior to recordation of a subdivision map.
C. Notwithstanding the foregoing Subsections, compliance with the development
project guidance shall not be required for construction of a(one) single family detached
residence unless the Community Development Department and/or Public Works
Department determines that the construction may result in the discharge of significant
levels of a pollutant into a tributary to the stormwater drainage system.
D. Compliance with the conditions and requirements of the DAMP shall not exempt
any person from the requirement to independently comply with each provision of this
Chapter.
E. If the Community Development Department and/or Public Works Department
determines that the project will have a de minimis impact on the quality of stormwater
runoff, then it may issue a written waiver of the requirement for compliance with the
provisions of the development project guidance.
F. The owner of a new development or significant redevelopment project, or upon
transfer of the property, its successors and assigns, shall implement and adhere to the
terms, conditions and requirements imposed pursuant to this Section on a new
development or significant redevelopment project.
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Each failure by the owner of the property or its successors or assigns to implement and
adhere to the terms, conditions and requirements imposed pursuant to this Section on a
new development or significant redevelopment project shall constitute a violation of this
Chapter.
G. The Community Development Department and/or Public Works Department may
require that the terms, conditions and requirements imposed pursuant to this Section be
recorded with the County Recorder's office by the property owner. The signature of the
owner of the property or any successive owner shall be sufficient for the recording of
these terms, conditions and requirements and a signature on behalf of the City shall not
be required for recordation.
H. Cost Recovery. The City shall be reimbursed by the project applicant for all costs
and expenses incurred by the Community Development Department and/or Public Works
Department in the review of new development or significant development projects for
compliance with the DAMP. The Community Development Department and/or Public
Works Department may elect to require a deposit of estimated costs and expenses, and
the actual costs and expenses shall be deducted from the deposit, and the balance, if any,
refunded to the project applicant.
I. Litter Control.
1. No person shall discard any waste material, including but not limited to
common household rubbish or garbage of any kind (whether generated or
accumulated at a residence, business or other location) upon any public or private
property, whether occupied, open or vacant, including but not limited to any
street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater
drainage system.
2. Every person occupying or having charge and control of property on
which a prohibited disposal of waste materials occurs shall cause the proper
collection and disposal of same.
3. A prohibited disposal of waste materials creates a danger to public health,
safety and welfare, and otherwise threatens the environment, surface waters and
groundwater; therefore, any owner or occupant of property who fails to remove
waste material within a reasonable time may be charged with creating a nuisance
upon the property.
SECTION 16. Section 14.25.050 of the Huntington Beach Municipal Code is amended
to read as follows:
14.25.050 Scope of Inspections
A. Right to Inspect. Prior to commencing any inspection, the Authorized Inspector
shall obtain either the consent of the owner or occupant of the property or shall obtain an
administrative inspection warrant or criminal search warrant.
B. Entry to Inspect. The Authorized Inspector may enter property to investigate the
source of any discharge to any public street, inlet, gutter, storm drain or the stormwater
drainage system located within the jurisdiction of the City.
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C. Compliance Assessments. The Authorized Inspector may inspect property or
business activity for the purpose of verifying compliance with this Chapter, including but
not limited to:
1. Conducting inspections as mandated by an NPDES permit and/or other
State or Federally mandated inspections;
2. Identifying products produced, processes conducted, chemicals used and
materials stored on or contained within the property;
3. Identifying point(s) of discharge of all wastewater, process water systems
and pollutants;
4. Investigating the natural slope at the location, including drainage patterns
and man-made conveyance systems;
5. Establishing the location of all points of discharge from the property,
whether by surface runoff or through a storm drain system;
6. Locating any illicit connection or the source of prohibited discharge;
7. Investigating the condition of any legal nonconforming connection.
D. Portable Equipment. For purposes of verifying compliance with this Chapter,
the Authorized Inspector may inspect any vehicle, truck, trailer,tank truck or other
mobile equipment.
E. Records Review. The Authorized Inspector may request and inspect all records
of the owner or occupant of property relating to chemicals or processes presently or
previously occurring on-site, including material and/or chemical inventories, facilities
maps or schematics and diagrams, material safety data sheets, hazardous waste manifests,
business plans, pollution prevention plans, state general permits, stormwater pollution
prevention plans, monitoring program plans and any other record(s) relating to illicit
connections, prohibited discharges, a legal nonconforming connection or any other source
of contribution or potential contribution of pollutants to the stormwater drainage system.
F. Sample and Test. The Authorized Inspector may inspect, sample and test any
area runoff, soils area (including groundwater testing), process discharge, materials
within any waste storage area(including any container contents), and/or treatment system
discharge for the purpose of determining the potential for contribution of pollutants to the
stormwater drainage system. The Authorized Inspector may investigate the integrity of all
storm drain and sanitary sewer systems, any legal nonconforming connection or other
pipelines on the property using appropriate tests, including but not limited to smoke and
dye tests or video surveys. The Authorized Inspector may take photographs or video tape,
make measurements or drawings, and create any other record reasonably necessary to
document conditions on the property.
G. Monitoring. The Authorized Inspector may erect and maintain monitoring
devices for the purpose of measuring any discharge or potential source of discharge to the
stormwater drainage system.
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H. Test Results. The owner or occupant of property subject to inspection shall, on
submission of a written request, receive copies of all monitoring and test results
conducted by the Authorized Inspector.
1. Closed Circuit Television (CCTV) Footage. In the event of a sanitary sewer
overflow, the Authorized Inspector may request the owner to conduct a CCTV inspection
of the sanitary sewer line and sewer laterals and provide the CCTV footage to the
Inspector.
SECTION 17. Section 14.25.060 of the Huntington Beach Municipal Code is amended to
read as follows:
14.25.060 Enforcement
A. Administrative Remedies.
1. Notice and Service of Orders. Orders for Noncompliance,
Administrative Compliance, Cease and Desist and Cost Recovery may be issued
to and served upon the property owner pursuant to the following procedure:
a. The Notice shall be served and delivery shall be deemed complete
upon the property owner or occupant by:
i. Personal service;
ii. Seven (7) days after deposit in the U.S. mail, postage pre-
paid for first class delivery. Where the recipient of notice is the
owner of the property, the address for notice shall be the mailing
address from the most recently issued equalized assessment roll for
the property, or the address as it appears in the current records of
the City;
iii. Via electronic mail; or,
iv. Where the owner or occupant of any property cannot be
located after the reasonable efforts of the Authorized Inspector,
notice shall be deemed delivered after posting on the property for a
period of ten (10) business days.
b. Notice may be served upon any or all of the following parties:
i. The owner or occupant of any property requiring abatement
of conditions on the property that cause or may cause a prohibited
discharge or an illicit connection in violation of this Chapter.
ii. The owner of property subject to terms, conditions or
requirements imposed on a project in accordance with Section
14.25.040 to ensure adherence to those terms, conditions and
requirements.
iii. A permittee subject to the requirements of any permit
issued pursuant to Section 14.25.070 to ensure compliance with the
terms, conditions and requirements of the permit.
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iv. Any person responsible for an illicit connection or
prohibited discharge.
C. The Notice shall state that the property owner or occupant has a
right to appeal the matter by filing a written request for an administrative
hearing with the Office of the City Clerk, within thirty (30) days of the
date of the Notice. The appeal shall be accompanied by an administrative
hearing fee as established by separate Resolution of the City Council.
2. Notice of Noncompliance. The Authorized Inspector may deliver to the
owner or occupant of any property, or to any person responsible for an illicit
connection or prohibited discharge a Notice of Noncompliance. The Notice of
Noncompliance shall:
a. Identify the provision(s) of this Chapter or the applicable permit
which has been violated. The Notice of Noncompliance shall state that
continued noncompliance may result in additional enforcement actions
against the owner, occupant and/or person.
b. The Notice of Noncompliance shall state a compliance date that
must be met by the owner, occupant and/or person; provided, however,
that the compliance date may not exceed ninety (90) days unless the
Authorized Inspector extends the compliance deadline an additional ninety
(90) days where good cause exists for the extension.
3. Issuance and Terms of Administrative Compliance Orders. The
Authorized Inspector may issue an Administrative Compliance Order. The
Administrative Compliance Order may include the following terms and
requirements:
a. Specific steps and time schedules for compliance as reasonably
necessary to prevent the imminent threat of a prohibited discharge,
including but not limited to a prohibited discharge from any pond, pit,
well, surface impoundment, holding or storage area;
b. Specific steps and time schedules for compliance as reasonably
necessary to discontinue any illicit connection;
C. Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any pollutant
having the potential to contact stormwater runoff,
d. Any other terms or requirements reasonably calculated to prevent
the imminent threat of or continuing violations of this Chapter, including,
but not limited to requirements for compliance with best management
practices guidance documents promulgated by any Federal, State of
California or regional agency;
e. Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any permit
issued pursuant hereto.
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4. Issuance and Terms of Cease and Desist Orders. The Authorized
Inspector may issue a Cease and Desist Order directing the noticed party
responsible for a violation of this Chapter to:
a. Immediately discontinue any illicit connection or prohibited
discharge to the stormwater drainage system;
b. Comply with the terms, conditions and requirements of, and
immediately cease any activity in violation of any Discharge Permit issued
pursuant to Section 14.25.070;
C. Immediately contain or divert any flow of water off the property,
where the flow is occurring in violation of any provision of this Chapter;
d. Immediately discontinue any other violation of this Chapter; and/or
e. Clean up the area affected by the violation.
5. Issuance of Order for Recovery of Costs. The Authorized Inspector may
deliver an Order for Recovery of Costs to the owner or occupant of any property,
any permittee or any other person who becomes subject to a Notice of
Noncompliance or Administrative Compliance Order. An Order for Recovery of
Costs shall be delivered in accordance with this Section. An Order for Recovery
of Costs shall be immediately due and payable to the City for the actual costs
incurred by the City in issuing and enforcing any notice or order.
If any owner or occupant, permittee or any other person subject to an Order for
Recovery of Costs fails to either pay the Order for Recovery of Costs or
successfully appeal the Order for Recovery of Costs in accordance with this
Section, then the City Attorney may institute collection proceedings.
6. Administrative Hearing for Notices of Noncompliance, Administrative
Compliance Orders, Invoices for Costs and Adverse Determinations. Except
as set forth in Subsection 8 below, any person receiving a Notice of
Noncompliance, Administrative Compliance Order, Order for Recovery of Costs,
or any person who is subject to any adverse determination made pursuant to this
Chapter, may appeal the matter by filing a written request for an administrative
hearing with the Office of the City Clerk within thirty (30) days of the Notice.
The appeal request shall be accompanied by an administrative hearing fee as
established by separate City Council resolution, with a copy of the request for
administrative hearing mailed on the date of filing to the City Manager.
Thereafter, a hearing on the matter shall be held before the hearing officer within
forty-five (45) days of the date of filing of the written request unless, at the
reasonable discretion of the hearing officer and pursuant to a written request by
the appealing party, a continuance of the hearing is granted.
7. Administrative Hearing for Cease and Desist Orders and Emergency
Abatement Actions. A request for an administrative hearing shall not be required
from the person subject to the Cease and Desist Order or an Emergency
Abatement Action. An administrative hearing on the issuance of a Cease and
Desist Order or following an Emergency Abatement Action shall be held within
five (5) business days following the issuance of the Order or the Emergency
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Abatement, unless the hearing (or the time requirement for the hearing) is waived
in writing by the party subject to the cease and desist order or the emergency
abatement.
8. Hearing Proceedings. The Authorized Inspector shall appear in support
of the Notice of Noncompliance, Compliance Order, Cease and Desist Order,
Order for Recovery of Costs or Emergency Abatement Action, and the appealing
party shall appear in support of withdrawal of the same. The City shall have the
burden of supporting any enforcement or other action by a preponderance of the
evidence. Each party shall have the right to present testimony and other
documentary evidence as necessary for explanation of the case.
9. Final Decision and Appeal. The final decision of the hearing officer shall
be issued within ten (10) business days of the conclusion of the hearing and shall
be delivered by first-class mail, postage prepaid, to the parties. The final decision
shall include notice that any legal challenge to the final decision shall be made
pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6
and shall be commenced within ninety (90) days following issuance of the final
decision. The administrative hearing fee paid by a prevailing party in an appeal
shall be refunded.
Notwithstanding this paragraph 10, the final decision of the hearing officer in any
preceding determining the validity of a cease and desist order or following an
emergency abatement action shall be mailed within five (5) business days
following the conclusion of the hearing.
10. City Abatement. In the event of an illegal discharge of pollutants to the
storm drain system, the responsible party (property owner, contractor, business
owner, etc.) shall be responsible for the cleanup of affected areas including all
downstream conveyance structures, affected public/private property, and
receiving water bodies. However, the Authorized Inspector may assign
responsibility of the cleanup/abatement to City staff or contract staff if the size,
nature, and or complexity of the cleanup is beyond the capability of the
responsible party. If in the event of an illegal discharge of pollutants, the operator
of a facility, property owner or any other person fails to comply with any
provision of a Compliance Order issued to such owner, operator, permittee or
person pursuant to this Chapter,the Authorized Inspector may request the City
Attorney to obtain an abatement warrant or other appropriate judicial
authorization to enter the property, abate the condition and restore the area. Any
costs incurred by the City in obtaining and carrying out an abatement warrant or
other judicial authorization may be recovered pursuant to this Section.
B. Nuisance. Any condition in violation of the prohibitions of this Chapter,
including, but not limited to, the maintenance or use of any illicit connection or the
occurrence of any prohibited discharge, shall constitute a threat to the public health,
safety and welfare, and is declared and deemed a nuisance pursuant to Government Code
Section 38771. At the request of the City Manager, the City Attorney may seek a court
order to enjoin and/or abate the nuisance pursuant to the following procedure:
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1. Notice to Owner and Occupant. Prior to seeking any court order to
enjoin or abate a nuisance or threatened nuisance, the Authorized Inspector shall
provide notice of the proposed injunction or abatement to the owner and
occupant, if any, of the property where the nuisance or threatened nuisance is
occurring.
2. Emergency Abatement. In the event the nuisance constitutes an
Imminent Danger to public safety or the environment, the Authorized Inspector
may enter the property from which the nuisance emanates, abate the nuisance and
restore any property affected by the nuisance. To the extent reasonably
practicable, informal notice shall be provided to the owner or occupant prior to
abatement. If necessary to protect the public safety or the environment, abatement
may proceed without prior notice to or consent from the owner or occupant, of
and without judicial warrant, provided that an administrative hearing pursuant to
this Section shall follow the abatement action.
3. Reimbursement of Costs. All costs incurred by the City in responding to
any nuisance, all administrative expenses and all other expenses recoverable
under State law, shall be recoverable from the person(s) creating, causing,
committing, permitting or maintaining the nuisance.
4. Nuisance Lien. All costs shall become a lien against the property from
which the nuisance emanated and a personal obligation against the owner in
accordance with Government Code Sections 38773.1 and 38773.5. The owner of
record of the property subject to any lien shall be given notice of the lien prior to
recording as required by Government Code Section 38773.1.
At the direction of the Authorized Inspector, the City Attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought
for a money judgment or by delivery to the County Assessor of a special
assessment against the property in accord with the conditions and requirements of
Government Code Section 38773.5.
C. Criminal Sanctions.
1. Prosecutor. The City Attorney may act on the request of the Authorized
Inspector to pursue enforcement actions in accordance with the provisions of this
Chapter.
2. Infractions. Notwithstanding Chapter 1.16 of this Code, any person who
may otherwise be charged with a misdemeanor under this Chapter may be
charged, at the discretion of the City Attorney, with an infraction punishable by a
fine of not more than one hundred dollars ($100.00) for a first violation, two
hundred dollars ($200.00) for a second violation, and a fine not exceeding five
hundred dollars ($500.00) for each additional violation occurring within one year.
3. Misdemeanors. Any person who negligently or knowingly violates any
provision of this Chapter, undertakes to conceal any violation of this Chapter,
continues any violation of this Chapter after notice thereof, or violates the terms,
conditions and requirements of any permit issued pursuant to this Chapter, shall
be guilty of a misdemeanor punishable by a fine of not more than one thousand
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dollars ($1,000.00) or by imprisonment for a period of not more than six (6)
months, or both.
D. Administrative Citations.
1. Violations of this Chapter are subject to the issuance of administrative
citations under the provisions of Chapter 1.18 of this Code.
E. Consecutive Violations. Each instance in which a business, property owner, or
other persons fails to comply with the correction due date(s) and time(s) established in a
Notice of Noncompliance, an Administrative Citation, an Administrative Compliance
Order, or a Cease and Desist Order, shall constitute a separate violation of this Chapter
punishable by fines or sentences issued in accordance herewith.
F. Nonexclusive Remedies. Each and every remedy available for the enforcement of
this Chapter, shall be nonexclusive and it is within the discretion of the Authorized
Inspector or City Attorney to seek cumulative remedies, except that multiple monetary
fines or penalties shall not be available for any single violation of this Chapter.
G. Citations. Pursuant to Penal Code Section 836.5, the Authorized Inspector shall
have the authority to cause the arrest of any person committing a violation of this
Chapter. The person shall be released and issued a citation to appear before a magistrate
in accordance with Penal Code Sections 853.5, 853.6 and 853.9, unless the person
demands to be taken before a magistrate. Following issuance of any citation the
Authorized Inspector shall refer the matter to the City Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of
this Chapter violated, and the time and place of appearance before the court, which shall
be at least ten (10) business days after the date of violation. The person cited shall sign
the citation giving his or her written promise to appear as stated therein. If the person
cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of
the person cited.
H. Violations of Other Laws. Any person acting in violation of this Chapter also
may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne
Act and other laws and also may be subject to sanctions including civil liability.
Accordingly, the City Attorney is authorized to file a citizen suit pursuant to Federal
Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling
compliance and other appropriate relief. The City Attorney may notify EPA Region IX,
the Santa Ana or San Diego Regional Water Quality Control Boards, or any other
appropriate state or local agency, of any alleged violation of this Chapter.
I. Injunctions. At the request of the Authorized Inspector, the City Attorney may
cause the filing in a court of competent jurisdiction of a civil action seeking an injunction
against any threatened or continuing noncompliance with the provisions of this Chapter.
J. Order for Reimbursement. Any temporary, preliminary or permanent injunction
issued pursuant hereto may include an order for reimbursement to the City of all costs
incurred in enforcing this Chapter, including costs of inspection, investigation and
monitoring, the costs of abatement undertaken at the expense of the City, costs relating to
restoration of the environment and all other expenses as authorized by law.
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K. Civil Damages. The Authorized Inspector may request the City Attorney file:
1. An action for civil damages in a court of competent jurisdiction seeking
recovery of(a) all costs incurred in enforcement of this Chapter, including but not
limited to costs relating to investigation, sampling, monitoring, inspection,
administrative expenses, all other expenses as authorized by law, and
consequential damages; (b) all costs incurred in mitigating harm to the
environment or reducing the threat to human health, and (c) damages for
irreparable harm to the environment.
2. The City Attorney is authorized to file actions for civil damages resulting
from any trespass or nuisance occurring on public land or to the stormwater
drainage system from any violation of this Chapter where the same has caused
damage, contamination or harm to the environment, public property or the
stormwater drainage system.
3. The remedies available to the City pursuant to the provisions of this
Chapter shall not limit the right of the City to seek any other remedy that may be
available by law.
SECTION 18. Section 14.25.070 of the Huntington Beach Municipal Code is amended to
read as follows:
14.25.070 Interagency Cooperation
A. The City intends to cooperate with other agencies with jurisdiction over
stormwater discharges to ensure that the regulatory purposes underlying stormwater
regulations promulgated pursuant to the Clean Water Act (33 USC Section 1251 et seq.)
are met.
B. The City may, to the extent authorized by law, elect to contract for the services of
any public agency or private enterprise to carry out the planning approvals, inspections,
permits, abatements, and enforcement authorized by this Chapter.
SECTION 19. Section 14.25.080 of the Huntington Beach Municipal Code is amended
to read as follows:
14.25.080 Miscellaneous
A. Compliance Disclaimer. Full compliance by any person or entity with the
provisions of this Chapter shall not preclude the need to comply with other local, state or
federal statutory or regulatory requirements, which may be required for the control of the
discharge of pollutants into stormwater and/or the protection of stormwater quality.
B. Severability. If any provision of this Chapter or its application to any
circumstance is held invalid, the remainder of the Chapter shall not be affected.
SECTION 20. Section 14.25.090 of the Huntington Beach Municipal Code is amended to
read as follows:
14.25.090 Judicial Review
The provisions of Sections 1094 and 1094.6 of the Code of Civil Procedure set forth the
procedure for judicial review of any act taken pursuant to this Chapter. Parties seeking judicial
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review of any action taken pursuant to this Chapter shall file such action within ninety (90) days
of the occurrence of the event for which review is sought.
SECTION 21. Sections 14.25.100 and 14.25.110 of the Huntington Beach Municipal
Code are deleted.
SECTION 22. The recitals provided in this Ordinance are true and correct and are
incorporated into the substantive portion of this Ordinance.
SECTION 23. The City Council finds the introduction and adoption of this Ordinance is
not subject to the California Environmental Quality Act ("CEQA")pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 24. If any Section, Subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have adopted this ordinance and each Section,
Subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one
or more Section, Subsections, sentences, clauses, phrases, parts, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of June 2020.
ATTEST:
City Clerk Mayor
tviED AND OVED: APPROVED AS TO FORM:
City Manager `� , city tt rney
INITIATED AND APPROVED:
Direc of Pu-bTic Works
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Ord. No. 4206
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on May 18,2020, and was again read to said City
Council at a Regular meeting thereof held on June 1,2020, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on June 11,2020. �y
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk Clerk of the City Council of the City
of Huntington Beach, California