HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4206 Repealing Chapte 11PPiDV6 D :7 -O
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City of Huntington Beach
File #: 20-1654 MEETING DATE: 6/1/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Tom Herbel, PE, Acting Director of Public Works
Subject:
Adopt Ordinance No. 4206 repealing Chapter 14.24 and amending Chapter 14.25 of the
Huntington Beach Municipal Code (HBMC) regarding Stormwater and Urban Runoff
Management Ordinance
Approved for introduction 5/18/20 -Vote: 7-0
Statement of Issue:
Repealing of Chapter 14.24 and revisions to Chapter 14.25 of the Huntington Beach Municipal Code
is necessary to comply with current stormwater regulations established under the Municipal Separate
Storm Sewer (MS4) permit (Order No. R8-2009-0030) as issued by the Santa Ana Regional Water
Quality Control Board.
Financial Impact:
No funding is required for this action.
Recommended Action:
Adopt 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 Stormwater and
Urban Runoff Management."
Alternative Action(s):
Do not adopt ordinance and direct staff as how to proceed differently.
Analysis:
Chapter 14.24 of the HBMC was adopted in 1970 to prohibit the discharge of industrial waste and
other pollutants into the storm drain system and established a mechanism for the Director of Public
Works Department to issue industrial waste discharge permits to industrial facilities for the discharge
of industrial waste into the sanitary sewer system. This ordinance is no longer relevant as it does not
comply with current storm water regulations and the authority to issue industrial waste permits is now
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File #: 20-1654 MEETING DATE: 6/1/2020
under the purview of the Orange County Sanitation District. Chapter 14.25 was adopted in 1997 to
supersede Chapter 14.24 and was adopted to comply with the then-current stormwater related
regulations. Chapter 14.25 of the Huntington Beach Municipal Code (Code) was adopted in 1997 to
comply with the MS4 permit as issued by the Santa Ana Regional Water Quality Control Board. 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. The MS4 permit has been revised since the adoption of Chapter 14.25 and the
proposed amendments will comply with the new restrictions and requirements included in the latest
MS4 permit.
The amendments to the ordinance include:
• Deletion of language that grants the City authority to issue storm water discharge permits.
Orange County Sanitation District has the legal authority to issue these permits;
• Grants City staff the authority to define exempted discharges as "nuisance" thereby prohibiting
the discharge to the storm drain system due to the nature of the discharge, volume of
discharge, and or potential negative impact to downstream water bodies;
• Deletion of language that permits the City to wash down streets without a discharge permit.;
• Defines fugitive dust as prohibited discharge that could potentially have an adverse impact on
adjacent properties and downstream water bodies.
Environmental Status:
This section was updated to reflect the language that was submitted and approved by City Council at
the May 18, 2020 meeting.
Staff has determined that pursuant to the California Environmental Quality Act ("CEQA") Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and Section 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, the introduction and
adoption of this Ordinance does not require any further environmental analysis such as a negative
declaration, mitigated negative declaration or environmental impact report.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4206
2. Legislative Draft Ch. 14.24
3. Legislative Draft Ch. 14.25
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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:
I. 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:
l. 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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223861/19-8328/SFF
ORDINANCE NO. 4206
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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223861/19-8328/SFF
ORDINANCE NO. 4206
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:
13
223861/19-8328/SFF
ORDINANCE NO. 4206
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
14
223861/19-8328/SFF
ORDINANCE NO. 4206
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.
15
223861/19-8328/SFF
ORDINANCE NO. 4206
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
16
223861/19-8328/SFF
ORDINANCE NO. 4206
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 is day of June 2020.
ATTEST:
City Clerk Mayor
tviED AND OVED: APPROVED AS TO FORM:
City Manager City'Att6meyILY
INITIATED AND APPROVED:
Direc of P-uUlic Works
17
223861/19-8328/SFF
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.
In accordance with the City Charter of said City.
Robin Esta islau Cily Clerk City Clerk and ex-officio Clerk
De u Ci Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC 14.24
Ghapter- 14.24 WATER POLLUTION
1 A 2 Al A Enfe re.e me...s. and Adw.:..:e.F r..+:e.w
enfafee and administer-the pr-ovisions of this ehapter-within the City of Hunting4en Beaeh, •
As ttsed i this ,hapte , .,loss the, .-,text atl,o,-wise
� o
"Direetor"means the dttly appointed administfater-appointed by the Boafd of Supei=visar-s of
r ati ty f n-a-nge
"Industrial waste"fneans any and all liquid ar-solid Waste sebstanee not sewage ff ofn any
with"inElustfial > >
buildings and institutions eontaining ofily waste ffom water-elosets, wash >ba4hs and kitehens.
purposes."Pollution of undeFgr-ound or surface waters"means any eondition resulting fFafn t4e depositing
--i4r-ibtites to the impaifment of the tisefuln
per-poses, or-any othef useful
>p4lie corporation,
„b.lie dist.:,,t
highway, alley,plaee or-right of way dedieated to pttblie"Publie sewer-"means the main line sewer-,p4liely Wlvifled-of mil-Aintained, eanstf:ueted in a stfeet-,
"Sewage"means any waste, 1*id or-othefwise, asseeia4ed with human oecupaney ef buildings
"Underground or-sur-faee water"means any stiffaee or-stibtefFaneam s4eam, ..at—eow se, lake o
other-body of water, and shall inelude wa4er-wells and any under-ground oF suFfaee star-age r-es-,
whether-f nt,,,.nlor-ai4ifiei4.
1 A 7A A?A o..e.M:Me d
No per-son shall disehar-ge or-deposit or-eattse of sttffer-to be disehar-ged or-deposited ffom any souree any
•f: o nto
1 A 2 035 Ste.rm Drain and Se we... I le e
No f
industrial wastes that h ,file followingeh ..to st;
gasoline,A. kny benzene,fiaphlha, fuel oil, lid o
B. Any ashes, > sand,mud, > shavings,metal, glass, > fea4hefs,taf,plastie,
sewer-s or- other-inter-fer-enee with the proper-oper-a4ion of the sewage of stafm drain e
115
any h f d i the r-eeeiving .,toff f the sewage tfe t.,-e tplant;
;
million,E. Any liquid or-;,,apof having a temper-a4ufe highef than 85 degrees Fahfepheit tmless pr-oper-15,
tr-ea4ed for-seale inhibition;
by weight, of fat,
oil
of grease.
Swimming pool wastewater-may be disehafged to a stofm drain or-to a p4lie sanitar-),house sewer-by
house sewen No per-son shall pefmit E)r-allow swimming pool wastewater-to be dischafged into an ope.n.
=4.24-040 induscriai Wasteviseesal Per-mot n ....:. .�
No pefson shall discharge or deposit or-eaase or-sugaf to be deposited of disehafged any indtis4ial waste
into or-upon any area in the City, or-into a-ay tmder-gr-aufid of suffaee wa4er-s in the City where sue
industfial waste is of may be deposited upon or-may be carfied thf ough or-over-any area of the City er--
County of Ofange exeept in eonf-ofmity with the pr-avisions of this ehapter-, and unless he of she shall have
first seetwed, in the m—AimAter-hewei-n-Af4er-pr-ovided, -pe....4 sa to do from the director-; pr-ovided,however-,-a
pef:mit shall not be fequired fof the disehafge of industr4al waste ifito a publie sewer with an oeean outfall.
7 A 9A 050 Tnd..strwal Waste r osse sal Pe r-m:}
Applioations for-pemiits fequir-ed her-ettnder-shall be filed with the difeeter-upon pfit4ed fafms to be
prescribed and supplied by him or-her, The Elifeeter-...-., ffily additional ififenna4ion, ineluding
14.2 .A A zin is}F ia Waste Do s3os?1rRefrnir} vcc 3:on
Within 30 days after-the r-eeeipt of all of the infefma4ian requested of an applieafA,the dir-eeter-shall eithe
gr-a+4 of demy the pefmit and shall immedi4ely notify the applieant by fifst elass mail 4the aetion taken.
=4.24.0 industr+alWast 1 _mmt re.....ance.
�8 e�esa,�-errrrrrz,.+aarrcc
A. The ma4er-ial to be disehafged of depesited in the fna+Hier-pfopE)sed will not eause or-fesu4
waste n themanner pr-oposeEl.
14.24.080 industr-ial Waste B+spesal L :._..:}a}:e_s
in order-to maintain the water-s of the Gity and ootmty ffee fFefn palltAian, alter-,revise,modify, Elelete or-
eansider-ation to ehanged eenditions, and may, whenever-in his or her-jtAgment it is advisable of r-equir
116
r-evi sf on,modifleation, deletion or-addition of limitations or-eonditions shall be eff-eetive, howevef, until
..-kee .fiting�hefeof shall have been serwed upon the pet=fnit4ee in the manner-provided by
S eet}en 1 4.2244-5�0-.
114.24.090 iFldd5tr-mal Waste Do5sesa' Aetzirvmvi e
A pefmit issued under-this ehapter-does not authofize any aet or-aets fier-bidden by any > >
regulation or or-def of any public ageney or-depaftment and stieh faet shall be so stated on the faee of all
pefm:tom e
Y4.24.izw sn dustAal waste Mssesal—Per-mmti-Tree—m
A pefmit for-the disposal of in"stfial ;,vaste shall be valid until suspended or-r-evoked in the manne
he-ein #o... :,lo,l
sueeessorm in if4efest of a written appliea4ion thefefor-,together with stieh evidenee of transfer of title ar-
> ffavided,howevef,
a pefmit shall not be 4ansfefable from one
loeation to anothef. The dirmeetor-shall immediately notify by firmst elass mail,the permson r-equesting a
For-the purpose of seoufing eomplianeea viith Ohaptef,the dirmeetof shall make pe+:iE)die tests of samp4es
of industfial waste obtained f:rom the plaee or plaees of disehafge or deposit, -A4;d su e4h-A-*-h-erm tests deemed
neeessafy for-py-operm administfation hermeof-. Form the pu-FpE)se of making sueh tests of inspeetions,the
dii:eetoi:of his or lief"Iy author-ized deputies of agents shall be pemqitted at all reasonable 14otifs to euter--
.,hefe the fe may be , violation of this ..haptor
in ean-ying out the Eluties imposed upon him of:herm,the difeetof may fequest and rmeeeive the aid of any
athef: ..:ty o eouf4y .lepai-tm ent
of any The dir-eetorm shall en4ormee this ehaptef and shall,upon his or her own initiative or may upon the eomplaint
investigae any violation of this chapterm, or of any pefmit issued hermetifiderm. FOF this
pufpose,lie or she shall hwye the powefs of a peaee office
AALheQ4;evt-Qr--the dir-eetor-finds that any per-son is aeting in viola4ion of any pr-ovision of this eha-pter-or-a
any permit issued hereunder-,he or-she shall senze upon t4e pefson eausing of su�fing such violation to
be > ineluding the pefmit4ee, if a pefmit has been issued,
sta�e the aet or-aets eonstituting the violation and shall dir-eet notiee as the dir-eetor-may deem reasonable-.
Unless oth-. pr-ovided, an),notiee under this ehapter-required to be given by the Boar-d o
Super-visofs of the diFector-shall be in wr-iting and may be sefved either in the ma -ded in
the Code of Givil Pfoeedur-e for-the seiwiee of pr-oeess or by fegister-ed mail. When seFviee is by register-
,:1 the notiee shall be sent t the last address givent t e dir-eetof.
117
violation,he
or- she may so direet in a notiee of violation. A per-son who has been so notified shall immediately eease
in the notice h ,e been r eete,l
1 A 7A 1 7A o,.......:a C............:....
The .lifeetaf m suspendn .-mit by giving tine tb,efeefto the r r.mittee•
A. When a pefmittee fails to r-eeti6, a vielationwithin the time speeified ilia fi0tiee�hefe0f-, of
pr-eeedi rt•e
n.
A permit suspended by the dir-eetof shall be reinstated by him E)r-her-when all of the violations ehafged ifl
.,tire tb.e feefha-ye been r eete.l
The Board of Stipefvisor-s f
ane or-more of the followinggr-eunds
A F.•n.,.l or-,leeeit; ob.tnir.ir.& n ..,.:t•
l
G. llf; l 1 of n f ,l tior limitation f n •t
emir=Pimir�l6, ••Si#2 sC t'Li3�eF$r-c�coixcr'rrrorr-vi-xnzrrccrcrorr-vr-crperiixir-vr
lawful or•.lef of the .lir•eetor•
D-eeeedings fee the. eatior, of n „ f,-.it may be initiated:
tb.er•een, before the Roa«.1 of Supe...,iaer•s•
0
B. the Roafd of Super•.,iso•� its o otion, o plaint of n tb.ir•,l p
,�. v�Rom,zxz� � e n by
> e
1:4.24.200
Fteveeatwen He
A per-son who is Elissati-sm-fi-ead-;Ivitlfl- aetiefflfl- efthe dir-eeter-may request a heafing before the Board 9
pending the .leeiaion, of the BE)af,1 ofSupenisefs
1 A 2 71 0 IJear n..,.......a..
1 ux�� her-self m,nCn• who feels him or- aggrieved by an etion, of the di feetaf:
B. Denying an-applioation of the tfansfe- p of acrixxir
G rdefingthC$feetio f 1 do of ftb,is � fa ,7itio
rrvr�mir ansC ccx�ior-ircvixQrrrorrec
limitation, of n. fmit: e,a b.efe..r.,ler••
0
118
E. Suspending of f ePdsing to r-eifist4e a pefmit suspended by him of hef,May,within 3 0 da-ys
Failure to file a fequest for-hear-ing within the time pr-eser-ibed herein shall eoasti44e a waivef of any
obje..tio t the action of the .l;ro.et.,r andhis or l,or action shall be final
for-hear-ifig and give notioe of the time and place thereof to the pefson fequesting the hear-in., "I.- di.--t—
and any other-per-son E)r-publie ageney r-equesting the fiotiee thefeef, The hearing shall be held not mof-e
than 3 0 days akef a wfit4en f equest thefefof has been filed with the County Cler4c and not less diaii 10
days after the issuanee f the not;..o thereof-.
14.24 230 Hea,x+r+
At the time and plaee set for-hearing, the per-son r-eEltiesting the heafing,the difeetor-and any interested
per-son or- bl; and be heard either- r beoUR
of
i
shall, o
r-efider its deeision. The
Boar-El F S,,-e ,— rs mayi
A (`,n fifm t o aetio f the ,l;ro,.t r•
B. Pir-eet the difeetor-to isstie a permit with or-without stieli eenditions E)r-limit4ions as the bear-
may Floo .,to C. Vaeate ,the suspension of pcmrr
E. Direct the .l;ro..tar-t tFans f r, p
F. evoke . rw t , f the ff rds � eifie,l ;„ co,.tio l n 24 l an
x�cco oxc��ixcc�ir-air`��z��ri�ccncrr.rp ccniccrzrr-vccrrori—r-r.-z-^r-rov:
119
LEGISLATIVE DRAFT
HBMC 14.25
14.25.010 Purpose
C. The City of Hefiting4an Beaeh is pai4ieipa4ing as a"
the development and adoption of afl or-dinanee to aeeemphsh the of the Clean WeAe
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 the downstream receiving
water bodies such as the Santa Ana River and the Pacific Ocean.
14.25.020 Definitions
"Authorized inspector" shall mean the Director of Public Works, Planning Piro +��, Fire Chief or
Director of Building and 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.
"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 stonnwater 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.
"Discharge eException" shall mean the group of activities not restricted or prohibited by this
c-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,sState gGeneral pPermits, or other waivers,permits or
approvals granted by an appropriate government agency;
3. Diseharbe s f pr-apei4y for-whieh best management r eti f o of 4h in+he
development p eet guidance are Ybein g implemented a+id followed; 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;
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4. Disehafges to the stofmwatef dfainage system ffam potable watef line flushing,
> ,
Diverted
stream flows, flows from riparian habitats and wetlands,rising groundwater, and de minimis
ground water infiltration to the stormwater drainage system (from leaks or joints or
connections or cracks in water drainage pipes or conveyance systemsl;
5. , air-eanditioniRg
;
Dechlorinated swimming pool discharges, dechlorinated to a concentration of 0.1 ppm or less.
pH adjusted and reoxvgenated 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 prohibitedl:
6. ;
ptiblie stfeet wash watef s when felated to cleaning and maintenanee by, of on behalf Of-,th
City of Hu tiag4a Beae ; 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.
ear Discharges of waters not otherwise containing waste as defined in California Water
Code Section 13050(dl:
8. Disehafges for-llwhir- -ger-has r-edueed to the e�itent feasible the amount of
m"t4ants in stieh diseh^rge, ^na Discharge 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;
9. Disehafge^ aiather-ized ptff suant t federalstate lawsor- o „la4ion^
stteh aetion to establish that a disehafge was within the scope of this disehar-ge exeeption. 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.
"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.
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19-8328/224495
121
"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 pennitted 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.
"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, floating plastics, wood produces or metal shavings.)
2. ;
animal feeal mater-ials; used oil and iquids fFefn vehieles, lawn mewer-s and other-eoffiffien
household e o Domestic sewage.
3. Sediment due to construction or landscaping activities or due to lack of effective erosion
and sediment controls.
4.-3-. 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.
54. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease).
6-5. Animal wastes 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).
76. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,turbidity
or odor.
8.-7. Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining; use of sealants and glues; use of lime; use of wood
preservatives and solvents; disturbance of asbestos fibers,paint flakes or stucco fragments;
application of oils, lubricants,hydraulic,radiator or battery fluids; construction equipment
washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand
blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for
potable water line flushing).
99. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand
or total organic carbon.
109. Materials which contain base/neutral or acid extractable organic compounds.
114-9. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act.
124-. Any other constituent or material, including but not limited to pesticides,herbicides,
fertilizers, fecal colifonn, 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 Citv and state.
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19-8328/224495
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132. Washwater resulting from cleaning activities of outdoor surfaces such as patios.
sidewalks, walkways,building exteriors,balconies,roofs windows and decks.the hasing a
cleaning of gas stations, aute repair-gai-7ages, and ethef types of at4omebile sei=�,iee stations.
14-3. Discharges resulting from the 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.
1544. Washwater from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such mobile commercial and industrial activities.
164-S. Water from cleaning of municipal,industrial, and commercial facilities, locations and
area,including,but not limited to sites, inel ding parking lots, streets, sidewalks, driveways,
patios,refuse enclosures.plazas,work yards and outdoor eating or drinking areas, etc.
174-6. Runoff from material storage areas including,but not limited to. ^r„neeve_oa
receptacles that contain chemicals, fuels, grease, oil, of ether hazardous materials, food waste,
and trash/debris.
184-7. .
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.
194-9. Discharges of pool or fountain water containing chlorine,biocides, or other chemicals;
pool filter backwash containing debris and chlorine.
2041. Food service establishments v e or food processing facility wastes including.
but not limited to, food waste, sueh as grease oil,washwater from floor mat, equipment and
trash bin as water-, f ea wash, �*�. enclosure cleaning activities, etc.
21. Fugitive dust.
Any 4em pollutant which is duplicative of another shall not be construed to exclude either item, as
the same item may be described more than one time.
"Prohibited discharge" shall mean any discharge which contains any pollutant, from public or
private property to:
1. The stormwater drainage system;
2. Any upstream flow,which is tributary to the stormwater drainage system;
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 "pProhibited discharge" shall not include discharges allowable under the dDischarge
eException unless declared a nuisance by City staff.
"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 ground water.
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19-8328/224495
123
"State General Permit" shall mean either the State General Industrial S, General Permit
or the State Genefal 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.
"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 stormwater 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.
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.
B. The prohibition against illieit eanneetions shall apply iffespeetive of whether the fllieit
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:
1. Far-all stnaettifal impr-ovements to pr-apeFty installed faf the purpose of diseharge to the
stermwater-conveyanee system,the e*pifatien of five years from t4e adOptiffl Of this ehaptef
Any substance causing, or threatening to cause, a condition or pollution, contamination. or a
nuisance, as that term is defined in Section 13050 of the California Water Code.
2. For-all nons raetuFa , o ei4s tp. o t. exisiing for-the puTase f a; h e to
been identified. The notiee of a legal Sha4l state the date Aeff
Any substance causing or contributing to an exceedance
of any water quality standard for surface water or groundwater.
C. A til-erad�trative-�r alation of Section 1 25 030 h ll „ tive fth
Y'Y-�� -n�r.Tv-�-rvccur-zric�7 cc croz-vrZnc
>maintain,
to e-aitse,allaw or-€aeilitate any prohibited disehar-ge. 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:
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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 nonconfonning connection shall state the date of the
expiration of use under this Chapter.
D. A civil or administrative violation of Section 14.25.030 shall 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.
ED. If an a Authorized Iinspector reasonably determines that a discharge,which is otherwise
within the dDischarge eException,may adversely affect the beneficial uses of receiving waters,then
the Aauthorized Ii-nspector may give written notice to the owner of the property or facility that the
dDischarge eException 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.
FE. 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:
l. The potential adverse effects of the continued use of the connection upon the beneficial
uses of receiving waters;
2. The economic investment of the discharger in the legal nonconforming connection; and
3. The financial effect upon the discharger of a termination of the legal nonconforming
connection.
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 development reJeeguidance; fftd-Oran e
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 14.25.040. 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
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Works Department shall review the project plans and impose terms, conditions and requirements on
the project in accordance with this Section 14.z5.040 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 sSection on a new development or significant redevelopment
project.
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 sSection on a new development or
significant redevelopment project shall constitute a violation of this C-Chapter.
G. The Community Development Department and/or Public Works Department may require that
the terms, conditions and requirements imposed pursuant to this sSection 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 planning agency, 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,
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19-8328/224495
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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.
including but not limited to any stfeet, sidewalk, alley,right of way, open area or-point of
entry to the stefm. ater df
14.25.050 Scope of Inspections
A. Right to Inspect. Prior to commencing any inspection, as he feirbelow ,,,,rho fize ,the
aAuthorized ilnspector 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 Aauthorized Iinspector 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.
C. Compliance Assessments. The Aauthorized Iinspector may inspect property or business
activity for the purpose of verifying compliance with this C-Chapter, including but not limited to:
1. Conducting inspections as mandated by an NPDES permit and/or other State or Federally
mandated inspections:
24-. Identifying products produced,processes conducted, chemicals used and materials
stored on or contained within the property;
32. Identifying point(s) of discharge of all wastewater,process water systems and pollutants;
4-3. Investigating the natural slope at the location, including drainage patterns and man-made
conveyance systems;
54. Establishing the location of all points of discharge from the property, whether by surface
runoff or through a storm drain system;
6-5. Locating any illicit connection or the source of prohibited discharge;
6. Evaluating eamplianee with any peFmit issued puf suant to Seetion 14.-25.02Q hereof-, and
7. Investigating the condition of any legal nonconforming connection.
D. Portable Equipment. For purposes of verifying compliance with this C-Chapter,the
Aauthorized Iinspector may inspect any vehicle,truck,trailer,tank truck or other mobile equipment.
E. Records Review. The Aauthorized Iinspector may inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously occurring on-site, including
material and/or chemical inventories,facilities maps or schematics and diagrams, material safety
data sheets,hazardous waste manifests,business plans,pollution prevention plans, state general
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 Aauthorized Iinspector 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
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19-8328/224495
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Aauthorized(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 Aauthorized Iinspector 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 Aauthorized Iinspector may erect and maintain monitoring devices for the
purpose of measuring any discharge or potential source of discharge or potential source of discharge
to the stormwater drainage system.
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 Aauthorized
Iinspector.
1. Closed Circuit Television (CCTV)Footage. In the event of a sanitary sewer overflow.the
Authorized Inspector can request the owner to conduct CCTV inspection of the sanitary sewer line
and sewer laterals and provide CCTV footage within a reasonable time-frame.
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 following
procedure:
a. The Notice shall be served and delivery shall be deemed complete upon the
property owner pursuant to the following procedure:
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 Citv.
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 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.
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19-8328/224495
128
iii. A permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 to ensure compliance with the terns, conditions and
requirements of the pen-nit.
iv. Any person responsible for an illicit connection or prohibited discharge.
C. The Notice shall state that the property owner 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.
24-. Notice of Noncompliance. The Aauthorized Iinspector 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 nNoncompliance shall: be a� a
in accordance with this seetion
a. Identify The notiee of neneempliance shall identify the provision(s) of this Cehapter
or the applicable pen-nit which has been violated. The*Notice of nNoncompliance shall
state that continued noncompliance may result in additional enforcement actions against
the owner, occupant and/or person.
b. The N_*otice of Nnoncompliance 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 901 days unless the Aauthorized Iinspector extends the compliance
deadline an additional nine 90)days where good cause exists for the extension.
32. Issuance and Terms of Administrative Compliance Orders.
The Aauthorized Iinspector may issue an aAdministrative*Compliance eOrder. The
aAdministrative*Compliance order may include the following terms and requirements:
may be issued t.
a.i. The , oor- eeeupant of any r pei4y requiring amh Cement "f"".,a:t;"fs OR
in iel tion f this ehapto..S ecific 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.ik The awiier-ofp-epet4y stibje"t t"t ... e—Elra;t;"rs o 0 eRts ; oa
tofins conditions and requirements Specific steps and time schedules for
compliance as reasonably necessary to discontinue any illicit connection;
c.iii. A pe"n teaeet to th- o o +� ofany f fflit issued P ,mot t
ittee" bj J�
Se do 1 2c non ensuf e eamplianee with the to,ins conditions andr-equir-einents
of the permit Specific requirements for containment, cleanup,removal, storage.
installation of overhead covering, or proper disposal of any pollutant having the
potential to contact stormwater runoff,
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19-8328/224495
129
di-v. 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 the best management practices guidance documents
promulgated by an 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 thereto.
b. The administfative fiance girder-m-ay include-the€ lung tei:ffi
prevent the imminent threat of a prohibited disehar-ge, ineluding but not lifflited tE) a-
h;b hall discharge from any pond,pit well, suffaee impoundment,holding
s tan=age;
-;..,.e t;,v„e ^ illie t a eation;
of. -head-etpr-ope di f'al a pollu
tant having the etentia1 to
e
ntaet st,,,-.,,w ate-,a o
threat f or-a ,.r;,., ing. lations .,f this ..L apte« ineluding, bi,4 not limited to
pro „lgate.- by a ,fe e-al Stare f'C li& ^1 .
Any athe,-to or requir-ements ably ale ,late.-*A- ,.h: e fuii
ptifstiant hereto.
4-3. Issuance and Terms of Cease and Desist Orders. a.- The Aauthorized Iinspector
may issue a eCease and dDesist eOrder directing the noticed party-. A cease and desist
order-
shall be deliver-ed in aeeer-Elanee with this seetion. A eease and desist order-may Elkeet the
nt of any r pei4y ar,-let-other-per-son responsible for a violation of this
Cehapter to:
ai. Immediately discontinue any illicit connection or prohibited discharge to the
stormwater drainage system;
bii. Immediately ntai or-.weft a 4E)w e-:t,ate,-.,f-the pr-epef4y, .,here the
flWA': iRg 011 elat;.,,, of ar.,pr-evisionof this eha„t- 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;
ciii. Immediately disae t:,,,,e ^ other, ela*io of this aharte contain or divert
any flow of water off the property, where the flow is occurring in violation of any
provision of this chapter;
div, Pear up the area a ffeete,- by the. el^t: n. Immediately discontinue any
other violation of this Chapter; and/or
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19-8328/224495
130
e. Clean up the area affected by the violation.
54 Issuance of Order for Recovery of Costs. The Aauthorized Iinspector may deliver to 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 aAdministrative
Compliance eOrder, an e for-east^. An Order for Recovery of Costs iiwoiee for-eE)
shall be delivered in accordance with this sSection. An Order for Recovery of Costs invaiee fe
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 inve;ee&r-,.a fails to either pay the Order for Recovery of Costs ;,,voice for-eE) or
appeal successfully appeal the Order for Recovery of Costs;.,. Oi6e f r 6e^+^ in accordance
with this sSection,then the City Attorney may institute collection proceedings.
-5. >
eease
shall be subjeet to the &11 1
a. The notice shall state that the r-eeipient has a right to appeal the ma4ef as set forffi in
thiseti
m
b relive«..shall be ,leefae.l eemplete, pon(i) personal s e to rl,er-eeipiefit; (ii)
mail,deposit in the U.S. >
with eanfifma4ian of r-eeeipt-.
e. Whe.e the r-eeipient of notice is theawner-of the p e, ,,the adEl-ess F notice
shall be the ad4ess ff am the most r-eeently issued equalized assessment r-ell for-th
pr-epef4yor- otheappeafsr-wise the euFf r r-eeer-ds of the !'4
eff-oFts of author-ize.l ; eete, otiee of eneempl n desist Of- e,.
c-c�-vrc�vr ' ^ cease
shall be deemed delivered aftef posting an the pr-epefty for-a period of 10 business days.
6. Administrative Hearing for Notices of Noncompliance,Administrative Compliance
Orders,Invoices for Costs and Adverse Determinations. Except as set forth in paragraph
Subsection 8 below. of this subse , any person receiving a N_notice of N_noncompliance,
Aadministrative Ceompliance Orrder, Order for Recovery of Costs. ^ er;o eFleg l
noneenferming ^ e r;,,,, an iiwaiee for-eests, or any person who is subject to any adverse
determination made pursuant to this Cehapter,may appeal the matter by filing a written
reauest for requestii+g an administrative hearing with the Office of the City Clerk within thirty
(30) days of the Notice. The anneal 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 reasonableness discretion of the hearing officer and
pursuant to a written request by the appealing party, a continuance of the hearing is granted.
Notwithstanding the for-egaing,these administfative appeal pr-eeeJufes shall flat apply to
7. ,
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131
costs or-an advefse detefmination shall, within 30 Elays of r-eeeipt thereof-, file a
sepafate r-esoltAion,with the Office of the Gity Gler4E,with a copy of the FeEltiest
an the mattef shall be held befef e the hear-ing offieef within 4 5 business days of the date e
filing of the NNTitten r-equest unless, at the reasonable discretion of the hearing affieef and
Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. A request for aAn administrative hearing shall not be required for the person subiect
to an the isst,nee of Crease and Ddesist Oerder or following an Eemergency Aabatement
Aaction. An administrative hearing on the issuance of a Cease and Desist Order or following
an Emergencv Abatement Action shall be held within five(�D business days following the
issuance of the eOrder or the Emergency ^ref aAbatement Action shall be held within five
5)business days following the issuance of the Order or the Emergency 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. ^ request for-ar administrative rearing
shall not be r-equifed from the per-sen subject to the cease and desist order-or-the efflefgefley
abatement action.
89. Hearing Proceedings. The A_authorized linspector shall appear in support of the Notice
of Noncompliance. Compliance Order. Cease and Desist Order, Order for Recovery of Costs
or Emergency Abatement Action, notice, or-de dete,.m in atio iffN,eiee for costs or-emer-gefley
abatem eRt tier, and the appealing party shall appear in support of withdrawal of the same
notice, ar-der, determination, invoice for-eests, or-in opposition to the emer-geney ab4enien4
ae-tion. 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.
94-9. Final Decision and Appeal. The final decision of the hearing officer shall be issued
within tenA 10)business days of the conclusion of the hearing and shall be delivered by first-
class mail,postage prepaid,to the appealing party. The final decision shall include notice that
any legal challenge to the final decision shall be made pursuant to the provisions of Code of
Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety 90 days
following issuance of the finial decision.4The administrative hearing fee paid by a prevailing
party in an appeal shall be refunded.3
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 Wbusiness days following the conclusion of the hearing.
1044. City Abatement. In the event of an illegal discharge of pollutants to the storm drain
system,the responsible party (property t-he owner of property, contractor,business o)yner, etc.l
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 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 a per tee or any other person fails to comply with any provision of a
13
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132
eCompliance Order sehedule issued to such owner, operator,permittee or person pursuant to
this eChapter,the Aauthorized Iinspector 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 sSection.
B. Nuisance. Any condition in violation of the prohibitions of this eChapter,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:
1. Court Or-der to Enjoin or Abate. At the r-equest of the City Manager-,the City AttOffley
may seek a eouA order-to enjoin andor abate the nuisance.
-21. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance,the Aauthorized Iinspector 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.
-32. Emergency Abatement. In the event the nuisance constitutes an ilmminent dDanger to
public safety or the environment,the Aauthorized Iinspector may enter the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner
or occupant prior to abatement.If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the owner or occupant thereof
and without judicial warrant,provided that an administration hearing_pursuant to this Section
shall follow the abatement action.
> >
exigent eir-eumstanees
b. Notwithstanding the au�her-ity of the City to eenduet an emergeney abateme+4
AotiAn
43. 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.
-54. Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in accordance
with Government Code 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 Goverment Code Section 38773.1.
At the direction of the Aauthorized Iinspector, the City Attorney is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment
14
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133
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 Aauthorized Iinspector to
pursue enforcement actions in accordance with the provisions of this eChapter.
2. Infractions.Notwithstanding Chanter 1.16 of this Code,
any person who may otherwise be charged with a misdemeanor under this eChapter 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
eChapter, undertakes to conceal any violation of this chapter, continues any violation of this
eChapter after notice thereof, or violates the terms, conditions and requirements of any permit
issued pursuant to this eChapter, shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars $1,000.00 or by imprisonment for a period of not more than six
60 months, or both.
D. Administrative Citations.
1. Violations of this Chanter are subject to issuance of administrative citations under the
provisions of Chapter 1.18 of this Code.
DE. Consecutive Violations. Each instance day in which a business,property owner, or other
persons fails to comply with the correction date(s) and time(s) established in a Notice of
Noncompliance, an Administrative Citation,
with either-a sepafa4e„ of this e4aptef an aAdministrative eCompliance eOrder, or a c-Cease
and dDesist order^r^ .,o,mit issued,.,.,-s, ant to this ehapter, shall constitute a separate violation of
this eChapter punishable by fines or sentences issued in accordance herewith.
EF. Nonexclusive Remedies. Each and every remedy available for the enforcement of this
eChapter, shall be nonexclusive and it is within the discretion of the Aauthorized Iinspector or City
Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be
available for any single violation of this eChapter.
€G. Citations. Pursuant to Penal Code Section 836.5,the Aauthorized Iinspector shall have the
authority to cause the arrest of any person committing a violation of this eChapter. 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 Aauthorized Iinspector 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
eChapter 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.
GH. Violations of Other Laws. Any person acting in violation of this eChapter also may be
acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws
15
19-8328/224495
134
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 eChapter.
14I. Injunctions. At the request of the Aauthorized Iinspector, 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.
U. 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 eChapter, 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.
3K. Other Civil pie Remedies. The Authorized Inspector may request the City Attorney
file:
1. The atith ize e to.m eause t4e Git ^t4afaey to file aAn action for civil damages
in a court of competent jurisdiction seeking recovery of(a) all costs incurred in enforcement of
this eChapter, 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 eChapter 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 eChapter shall not
limit the right of the City to seek any other remedy that may be available by law.
14.25.070 Interagency Cooperation
stet,,.:,ater drainagestew, ;1.
othefwise legal aetivities on the pr-epeAY; and
-2. The discharge will not cause a nuisanee, impair-the benefieial uses of r-eeeiving water-S, E)r-
to the activities to be eondueted on the pr-epei4y,plans and specifications for-f4eilities leeated an the
pfoperty, identim-fie-a-atien ef equipment or-pr-aeesses to be used on site and other-ififefmation as may
16
19-8328/224495
135
if pefmission is nto,l
his or-her-designated r-epr-esentative,no l4er-than 60 business days following the eampletion a
The applieant shall be notified in per-son or-by first elass mail,postage prepaid, of the aetion t
ineltiding but not limited to'
d:c.eh -ge will omef the st,.,.mw e•,1,•.,;. c'-stormwatef
drainage2. identif4eation of the eonstittiems and quantities thereof to be disehar-ged into the
sysm
violation of this ehaptef;
it Requirements fo•self won tor-in f aii , dise1..,fge
5. Requirements f6f submission of doeuments of > stieh as teehnieal repefts,
data, d}s�ehafge feper-ts, self monitoring r-epoi4s and waste f fests-,�
regionalbest management pr-aetiees guidanee doeuments appr-oved by any federal, State of Galifemia Of
E. General Permit. At the diseretion of the Pir-ec4or-of Publie Alofks,the peRnit may, in
aeeer anee with the eonditions idei4ified in this section,be pr-epaf ed as a general pefmit applieable
to disehafge
witkin the seope of the author-ization pr-ovided by the general peffmi.may do so by filing an
applieation to discharge with the Dir-eeter-of Publie War-ks.No discharge within the seepe E)
general p ,•m t shall oeettf until stieh . plie.,tio ; o filed.
resolution,disefetion,may eliminate the r-e"ir-ement that an applieation for-a general peffait be filed for-any
as fello
1. For individually issuedpeHmitS,the eosts-(free-`i viewing the-pefmitr applie tizv Pr�P�6
and issuing t4e peFmit, a-ad the eosts r-easonably r-elated to administfa ing this permit program.
,
for-the gefiefal permit, and the eosts r-easEfflably related to administering the geme.ai 11......I
17
19-8328/224495
136
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 sea.) are met.
B. The City may,to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections. permits and
enforcement authorized by this Chapter.
14.25.080 Miscellaneous
A. The Director-of Public Wor-Ics may suspend or-r-evolie any pefmit when it is detefmitied
!. The peffnit4ee has violated any tefm, eandition it of the permit or any
applieable provision of this chapter-; o
prohibited discharge eontained within this ..hapto r;
3. The pefmittee fails to eamply with a+i5, sehedule faf eemplia-Ree issued pur-stiant to this
eh
4. Any regulaterr--agency, imeluding EPA e� 1 Water- Board i g
Regional am-r corrrrorn oui'�rxa`v'ii
•
B. T-4e Tl;-eetar-of Publie Alo&s m Modify . f fait when;t is dote.•.,,.., th t•
1. Feder-al or-state law fequifements have ehanged in a manner-that fleeessitates a ehange in
the permit;
elianged so that it is appropriate to modify the peFmit's > eenditions Of >
..hapte.or-t pr-oteet the quality 4 -eeei3.ing. . e•s
The > > in the case of a general pefmit,
business days prior-t t e of f etiye Elate 4the modified„ ,-fflit
denied, suspended,
r-eN,Oked Or-MOdified May be
eentintie to discharge pending issu—.-- 4 the final administrative deeision by the heafing E)ffi
P. Per-mit Enfomement.
by the Pir-eetof of Publie Works shall constitute a vielation of this ehapter and subjeet the
this ehapter-shall not felieve the pennittee ffam eamplianee with all fedefal, state and!E)Gal
issued.
18
19-8328/224495
137
a. Limited Per-mittee Rights. Permits isstied under-this ehaptef afe faf the per-sen Of
entity identi€ied-there ei ttee77 enly, and atither-ize the speeif4 eper-atten at
pef.,,ittee with . eei4ifiuifig figI4 t diseh.fge
h Transfer-of Permits.NE),. ,-.flit issued ton per-sonmayhe tFafls f...led to allow:
1 .,t,on stated in the original..e,....it. o
7
4. A disehafge by n per-son ,thef th.,,-, the person named in the,. ,-.flit pro ,idea
howevef7 Obtained,
adva iee ffE) , the Difeetof ofPublie Works
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 the application of the ordinance to any
circumstance is held invalid the remainder of the ordinance^r-the appli nt;,r Fthe ,,..dinance t
^then rekeumstanees shall not be affected.
14.25.090 Judicial Review
A. The City intends to eeoper-ate with ether-ageneies with jtifisdietian E)N,ef stermwater disehafges
the Clean Watef Aet(33-USG Seetien Q51 et sect) are met.
B. The Gity may,to the extent atAher-ized by law, eleet to eaf4r-aet for-the serwiees of any p-
f-eement authorized by this ehapte«
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 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 sou_ht.
eGhapter-shall not pr-eelude the need to eemply with other 7
7
whieh may be r-equifed for-the eentr-ol of the disehar-ge of pallt4a-ats into
st. .,to f tlar-the pr-ateet; of st. nto Ejualit.-.
B. Sever-ability. Tj provision of this ehaptei of the application of the ^' ce tv-aff
eir-cumstanee is hold invalid,the remainder-of the e-dinaneeor-the . plie Lien of the o.di.anee t ether-pefsens or eir-eumstanees shall not be affected.
G. Repeal of Prior-Ordim-anee. The.eamaetment E)f this ehaptef by the City shall r-epeal t4e
waste to ground or-sur-faee water-s a-ad no new discharge pefmits shall be issued thereunder-;
led,however-, �hat eapmeetion to disehar-ge under-the tefms and eanditions of any individual
19
19-8328/224495
138
disehafge pefmit isstted prior-to the date of enaetment of the water-quality of-difia-Hee shall b-e
allowed hereunder-as a legal noneonfe Lion.
taken pwsttan�to this ehaptef shall file sueh aetion within ninety (90) da�,s of the oeeuffenee of the event
fe- iyIi el, r-eviewgot
20
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139
Introduction of Ordinance No . 4206
REPEALING CHAPTER 14.24 (WATER POLLUTION ORDINANCE)
ENDING CHAPTER 14.25 (STORMWATER & URBAN RUNOFF MANAGEMENT ORDINA
Baling of Chapter 14 ,.24
ter Pollution Ordinance)
rpose of Repealing Chapter 14.24:
Superseded by Chapter 1425 (Stormwater & Urban Runoff
Management Ordinance) .
Does not comply with current federal & state stormwater
regulations.
Industrial Wastewater discharge permits to sanitary sewer system are
issued by Orange County Sanitation District not Director of Public
Works.
ending Chapter 14.25 (Stormwater &
ban Runoff Management Ordinance)
Adopted in 1997 to comply with then current federal and state
regulations regarding protecting water quality of surface waters.
Primary purposes: Protection of public health & water quality of
local beaches, rivers, and streams.
Established enforcement mechanisms for violations of water
pollution regulations. v
I-�
.
ending Ch 14 . 25 (Stormwater &
ban u noff Manage en r ina nce
ndments to Chapter 14.25:
eletion of language that authorizes Director of Public Works to issue stormwater
ischarge permits. Discharge permits are issued by State.
uthorizes City staff to deem exempted discharges as "nuisance" if discharges result
n negative downstream impacts.
eletion of language that authorizes City to wash down streets without recovery - this
not compliant with current regulations.
efines fugitive dust as prohibited discharge.
AP/9PWaJ �
1AJ7
City of Huntington Beach
File #: 20-1534 MEETING DATE: 5/18/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Tom Herbel, PE, Acting Director of Public Works
Subiect:
Approve for Introduction Ordinance No. 4206 repealing Chapter 14.24 and amending Chapter
14.25 of the Huntington Beach Municipal Code (HBMC) regarding Stormwater and Urban
Runoff Management Ordinance
Statement of Issue:
Repealing of Chapter 14.24 and revisions to Chapter 14.25 of the Huntington Beach Municipal Code
is necessary to comply with current stormwater regulations established under the Municipal Separate
Storm Sewer (MS4) permit (Order No. R8-2009-0030) as issued by the Santa Ana Regional Water
Quality Control Board.
Financial Impact:
No funding is required for this action.
Recommended Action:
Approve for introduction 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 Stormwater and Urban Runoff Management."
Alternative Action(s):
Do not approve introduction of ordinance and direct staff as how to proceed differently.
Analysis:
Chapter 14.24 of the HBMC was adopted in 1970 to prohibit the discharge of industrial waste and
other pollutants into the storm drain system and established a mechanism for the Director of Public
Works Department to issue industrial waste discharge permits to industrial facilities for the discharge
of industrial waste into the sanitary sewer system. This ordinance is no longer relevant as it does not
comply with current storm water regulations and the authority to issue industrial waste permits is now
under the purview of the Orange County Sanitation District. Chapter 14.25 was adopted in 1997 to
City of Huntington Beach Page 1 of 2 Printed on 5/13/2020
powerel-k%Legistar-
File #: 20-1534 MEETING DATE: 5/18/2020
supersede Chapter 14.24 and was adopted to comply with the then-current stormwater related
regulations. Chapter 14.25 of the Huntington Beach Municipal Code (Code) was adopted in 1997 to
comply with the MS4 permit as issued by the Santa Ana Regional Water Quality Control Board. 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. The MS4 permit has been revised since the adoption of Chapter 14.25 and the
proposed amendments will comply with the new restrictions and requirements included in the latest
MS4 permit.
The amendments to the ordinance include:
• Deletion of language that grants the City authority to issue storm water discharge permits.
Orange County Sanitation District has the legal authority to issue these permits;
• Grants City staff the authority to define exempted discharges as "nuisance" thereby prohibiting
the discharge to the storm drain system due to the nature of the discharge, volume of
discharge, and or potential negative impact to downstream water bodies;
• Deletion of language that permits the City to wash down streets without a discharge permit.;
• Defines fugitive dust as prohibited discharge that could potentially have an adverse impact on
adjacent properties and downstream water bodies.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4206
2. Legislative Draft Ch. 14.24
3. Legislative Draft Ch. 14.25
City of Huntington Beach Page 2 of 2 Printed on 5/13/2020
powerel Nj LegistarTM
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.
180
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 arid/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.
I. 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 terns 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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ORDINANCE NO. 4206
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.
1. 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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ORDINANCE NO. 4206
K. Civil Damages. The Authorized Inspector may request the City Attorney file:
l. 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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ORDINANCE NO. 4206
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 day of _, 2020.
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager t ,� City Ott rneyAW
,
INITIATED AND APPROVED:
Direr of Pu-Fric Works
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196
LEGISLATIVE DRAFT
HBMC 14.24
The County of Or-ange and all of its offieer-s, employees and agents are authefized and empowered to
enfor-ee and administer-the pfavisions of this ehaptef within the City of Htmtington Beaeh,Chapter 14.24 WATER POL6UT-ION
i n 2 020 De fi otmens
Asidsed i., this ,.haptor goss e . ,�t t o" l-.or.�.ilo r
f l the t o o
"Department"
means any depaAment of the Cit-y of the Cotmty of Or-alige.
"Director-"
means the Eluly appointed administ+a4er-appointed by the Board of Stipen,isor-s E)
County f Or-a-age.
"industrial"Industrialwaste"mea ns any and all liquid or-solid waste substanee not sewage from any
with "; busin
) f f
lattildings and institt4ions eonlaining only waste f+om water elosets,wash water-,baths and k4tehens.
or Elisehafging of industrial waste�"ieh tributes to the impakment of the tisefuln
pufpE)ses, or-any other-useful pufpE)ses.
))
means —and—ine-Judies; the United States ar-any depaftment or-ageney f
f ) eity,
ccPublie »
means the main line ) maintained, )
highway, alley,plaee or-right of way dedieated to pttblie use.
"Sewage"
waste,means any uid or- f
ineluding sewage efAttefit and water-eantaminated with offal, filth and feettleat
'
uUnder-ground or-sur-faee water"
f other-body of water-, wid shall inelude wa4er-wells and any tinder-gyawid of suffaee storage lake a
f
No per-son shall disehar-ge or-deposit of eause or-stiffef to Jae Elisehar-ged of deposited f+om any sE)ufee a-ay
sti.f o .,to
industrial wastes that have . of the F llowifig ehar- etoristiA. Any gasoline, �•
benzene, 7 fuel f liquid, solid or- f
f ) ) )
sewers of othef inter-fefeffee with the pr-opef operation 4the sewage or-stafm dfain war4s;
197
million,any hai�afd in the feeeiving wa4efs of the sewage tfeatment plant;
E. Any liquid of vapef having a tempefutufe higher-than 85 degfees Fahfenheit unless pr-epefly
treated fef seale inhibition;
oil
>
E)r-gfease.
Swimming pool wastewater may be discharged to a stofm dfain of to a publie sa-aitar-j,liouse sewef by
house sevvef.No pefson shall pefmit of allow swimming pool wastewatef to be disehafged into an open
=4.24-040 i,=dustr-ma' Waste Dwssesal Per-••:t �,•••••:•,••�
No pefsen shall disehafge of deposit of eattse of stiffef to be deposited or-disehafged an),in"stfial waste
into or upon any afea in the Gity, or-into any undefg-eund E)r-suffeee watefs in the City where sueh
industrial waste is E)f may be deposited upon of may be earried dwough of ovef any afea of the City of
permit shall not be required for-the disehafge of industr-ial waste into a ptiblie sewef with an oeean outfall.
Applieations fef permits r-equir-ed hereunder-shall be filed with the dir-eetOf UPOR pr-iPAed fOfffls tE)be
plans and speeifioations whieh he or-she may deem neoessat-y,for-tile proper-disposition of the applieation.
14.24.06 dus«mal Waste Dissesal—Rem+}tin
gFant or-deny the pefmit and shall immediately notify the applioant by first elass mail of the aetion tal-,en.
14.24.070 industFial Waite Bisaesal PeFM:} Issu nee
The director-shall issue a pefmit fer-indttstr-W waste disposal if he of she detefmines that:
A. The material to be disehar-ged or-deposited in the manner-pfoposedwill not eattse or-festil
thepeiitA}ea of any under-ground er sufface water-s,as her-ein py-ohibited; a-H
alteration,waste in t4e manner-pfoposed.
The dir-eeto I . . rate in a-ay pefmit issued piifsuant to this chaptef, such limitations E)r-eanditiefis
r-eview the limitations of eenditions which ha-ve been ineer-par-a4ed in any pefmit theretofore issued, giving
eansider-a4ion to ehaiiged eanditions, and may,whenever-in his or-her-judgment it is aEk,isable or-r-equif ed
in efder-te maintain the wa4ers of the City and eatmtj,ffee ffem pollution, aftef,fevise,modify, delete or-
198
> >
tiee fiting ther-eof shall have been sen,ed-apan the pefmit4ee in the Manner-pr-ovided by
Seet; 1 n 24 1 cn
=4.24.^�Rdustr+al Waste-B+soesal "ets PrehflAed
A pefmit issued under-this ehapter-does not authorize any aet or-aets for-bidden by an),law,mk—,
permits issued,
14.24.100=adust ma Waste Nsoesal PeFM:t T,...w.
A pefmit for-the disposal of industrial waste shall be valid until sirtspeiided or-r-evaked in the manner-
1,oro;na ter r ;,lo.l
164.24.130 Industr-ial Waste Dispesal—ReMot T-FansTeF
The dir-eetor-may transfer-a pefmit to the sueeessor-in interest of a permittee upon the filing by4he
sueeessor-in interest of a wr-44en applieation ther-efor-,together-with sueh evidenee of tfansfer-of title or-
interest as the dir-eetof m-
loeation to anothef. The dir-eetar-shall immediately notif�,by fir-st elass mail,the per-son fe"esting
transfer- f a r fm t of the aetio talEen.
FeF the puTose of seeufing eemplianee with t4is ehapter-,the difeetor-shall ma4Ee per-iodie tests ef samples
of indus44al waste obtained ff am the plaee or-plaees of disehafge of deposit, and stieh other-tests deeffle A
dir-eetor-or-kis of her-duly a4har-ized deputies or-agef4s shall be pefmit4ed at all reasonable hour-s to ente
„hero there may be . violation of this ,.haptor,
in eafrying aut the duties imposed upon hiffi of hef,the dir-eetof may request and feeeive the aid of any
other-..;tom of eaunty de .rtm ,mot
of any per-son, investigate any viola4ian of this The direetor shall enforee this ehapter-and shall,upon his or-her-ewfi initiative or-may upon the eamplai
or-of wiy pefmit issued hereunder-. For-t4is
purpose,he or-she shall have the power-s of a peaee offieer,
issued hereunder-,he or-she shall sefN,e upon the per-son eausing or-suffering stieh viola4ion to
be > including the pefmittee, if a pefmit has been issued,
mail, a natiee of violation. The notiee shall
state the aet or-aets eonstittiting t4e violation and shall difeet notiee as the dir-eetof may deem feasonable.
Unless oihe..Ase expiessly pfovided, any notiee under-this ehapteF r-equifed to be given by the BE)afd a
the nat;,.o shall be sent t the last address , .l;ro..t r
or t the
199
oonditions of any pefmit issued befetindef is so aggavated that the pfevention of pollution of
of she may so difeet in a notiee of viela4ion. A pefsen who has been so notified shall immediately cease
in the notie,ha,,bee..eoffeeted.
pfeeo.l'fig et'
A pei:Fait suspended by the director-shall be reinstated by him of her-when all of the violations ehafged in
tiee thefeef 1....,e been eeffeeted.
The Beafd Of Supen,iser-s f after notiee and as f
A. Fraud or-deeeit in obt
eiie or-fnor-e of the following grounds,
,
any lawful Ewdef of the difeeter,
A. By toe dirmeetof by sefving upon thepe Ree a eopy of and filing w with the Gott ty Cl��
B. By the Board 1pefviserms,on is awn motion of upon complaint f a t>,;fd permsen, by
of ing F Ftl,the g nds thefe fee and deli." t;„ ., time and plaee form L,eafing th
1:4.24.200 Perim—Reveeatfeta-H
pending the .leeisio of the 1?,,af d of Supervisor
14.24.210 Hear+p^ Rea ^}s
Any permsen who feels him of hermself aggrmieved by an aetion of the director-:
B. Denying wi applieation for the transfer-of a pem+4-,
C-. Or-de-Fin theeeffeet}en-e€a vielat�� of^ f this hapte f Condition g "oii�ir-or-cnzscriccFccz,���v�rcrcvizcrrcron arm
200
E. Suspending of refusing to r-einstate a peffnit suspended by him of hef,may,within 30 days
per-so of pefmittee feels him or-her-self aggrieved thefeby.
Failufe to file a fequest for-heafing within the time pfesefibed herein shall eofistitute a waivef of
obje..tio to the .,,.t:,,n of he ,7:,-eet„r andhis or-1,0f aetio shall be AHal
When a feqttest for-hear-ing is filed with the County CAME,the Boafd of Supenisofs shali set the maaer-
fef heafing and give notiee of the tifne and plaee thereof to�he pefson requesting the hearing,the dir-ectof.
and any othef pefson of publie agency requesting the notiee thefeofl. The heafing shall be held not more
than 30 days aflef awfit4en feEluest ther-efer-has been filed with the Count),Clefic and not less than 10
At the time and plaee set fof > hearing,
„blie l.o.,,..�1 o:the f .•1-y eoun
of
y�� agency „d be pefson shall,
The Board of Supen,isor-s
>
r-endef its deeision. The
A. Confirm aetien 4t4e-Elir-eEter;
B. Dir-eet the dir-eeter-to issue Et pefmitwith or-without sueh eonElitions or-limitations as the beaf
ao .,t o o;
permit;G. Vaeate er-modift,the suspension of
201
LEGISLATIVE DRAFT
HBMC 14.25
14.25.010 Purpose
C. The Gity of 14tintington Bea&is pai4ieipating as a"
The City of Huntington Beach has adopted and amended this Chanter 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 the downstream receiving
water bodies such as the Santa Ana River and the Pacific Ocean.
14.25.020 Definitions
"Authorized inspector" shall mean the Director of Public Works, Planning P +��, Fire Chief or
Director of Building and 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.
"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.
"Discharge eException" shall mean the group of activities not restricted or prohibited by this
c-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,sState gGeneral pPermits, or other waivers,permits or
approvals granted by an appropriate government agency;
3.
development„ eet g.idanee are being implemented and f hewed; 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:
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19-8328/224495
202
fi
4. ,
joints or-eanneetions or-efaeks in wa4er-drainage pi ya-nee Diverted
stream flows, flows from riParjan habitats and wetlands.rising groundwater. and de minimis
Wound water infiltration to the stormwater drainage system (from leaks or joints or
connections or cracks in water drainage pipes or conveyance systems);
5. ,
washing;
flows ff am fipafian habitats and wetlands; deehlefinated swimming pool ;
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. ;
publie street wash waters�"en related to eleaning and mainteHanee by, Or-EM beha4f Of-,the
G45,ofu„r*ing4 Beae ; 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.
exception; Discharges of waters not otherwise containing waste as defined in California Water
Code Section 13050(d);
8.
pollutants in such diseh^-•^ Discharge 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;
9. Disehar- es at4h r-izea„ rA, f aor^i , state laWs , gtda4i r�
in any aetion ta4�-en to enfor-ee this ehapter,the bufden shall be an the per-son whe is the subject 9
such aetion te establish that a disehafge was within the seope of this discharge exeeption. 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.
"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.
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19-8328/224495
203
"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.
"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, floating plastics,wood produces or metal shavings.l
2. ; yafd wastes;
animal feeal ma4er-ials; used oil and fluids from vehicles, lawn inowers and OtheF COMMoB
household e ePA) 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.
54. Petroleum and related hydrocarbons(such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease).
6-5. Animal wastes 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).
76. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity
or odor.
8.7. Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining; use of sealants and glues;use of lime; use of wood
preservatives and solvents; disturbance of asbestos fibers,paint flakes or stucco fragments;
application of oils, lubricants,hydraulic, radiator or battery fluids; construction equipment
washing; concrete pouring and cleanup;use of concrete detergents; steam cleaning or sand
blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for
potable water line flushing).
99. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand
or total organic carbon.
109. Materials which contain base/neutral or acid extractable organic compounds.
114-0. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act.
124-. 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 Citv and state.
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19-8328/224495
204
132. Washwater resulting from cleaning activities of outdoor surfaces such as patios.
sidewalks, walkways, building exteriors,balconies,roofs windows and decks.the h0sifig
14-3. Discharges resulting from the 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.
154-4. Washwater from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such mobile commercial and industrial activities.
164-5. Water from cleaning of municipal, industrial, and commercial facilities, locations and
area, including,but not limited to sites, ineluding parking lots, streets, sidewalks, driveways,
patios,refuse enclosures,plazas,work yards and outdoor eating or drinking areas, etc.
174-6. Runoff from material storage areas including,but not limited to. or„neave.oa
receptacles that contain chemicals, fuels, grease, oil,er ether hazardous materials, food waste.
and trash/debris.
184-7. .
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.
194-9. Discharges of pool or fountain water containing chlorine,biocides, or other chemicals;
pool filter backwash containing debris and chlorine.
2043. Food service establishments R estaufai4 or food processing facility wastes including.
but not limited to,food waste.sueh-as grease oil,washwater from floor mat, equipment and
trash bin asp, water-, feed Nvaste,ele. enclosure cleaning activities. etc.
21. Fugitive dust.
Any item pollutant which is duplicative of another shall not be construed to exclude either item, as
the same item may be described more than one time.
"Prohibited discharge" shall mean any discharge which contains any pollutant, from public or
private property to:
1. The stormwater drainage system;
2. Any upstream flow,which is tributary to the stormwater drainage system;
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 "pProhibited discharge" shall not include discharges allowable under the dDischarge
eException unless declared a nuisance by City staff.
"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 ground water.
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"State General Permit" shall mean either the State General Industrial Stefmwate General Permit
or the State General 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.
"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 stormwater runoff system and owned, operated,maintained or controlled by the
Ci 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.
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.
B. The prohibition against illieit eei+neetians shall apply iffespeetive of whether-the illicit
eanneetion was established prior-to the date of enaetmeHt of this ehapter-; however-, legal
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:
1. For all structural impr-evements to pr-apet4y installed for-the pufpose of Elisehar-ge to the
stafmwater-e0nveya-nee system,the expiration of five yeaf s from t4e adOptiffi Of this ehapte
Any substance causing, or threatening to cause, a condition or pollution, contamination, or a
nuisance, as that term is defined in Section 13050 of the California Water Code.
2. Far-all nenstfuctural impr-Ovements to pr-opei4y existing for-t4e pufpose of discharge to
been identified. The notiee of a legal noneanfwming eanneetkffi shall state the Elate of
expiration of use trder this ehapten Any substance causing or contributing to an exceedance
of any water quality standard for surface water or groundwater.
C. n , „l , .,a. inistfatiye viela iOn fco �; r i n 5.()30 S14al espeetio o +:<,o f the
to eaase, ailew er€aeilitate any prohibiteddiseharge.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:
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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 pumose 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 the
expiration of use under this Chapter.
D. A civil or administrative violation of Section 14.25.030 shall 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.
ED. If an a Authorized Iinspector reasonably determines that a discharge,which is otherwise
within the dDischarge eException,may adversely affect the beneficial uses of receiving waters,then
the Aauthorized Iinspector may give written notice to the owner of the property or facility that the
dDischarge eException 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.
FB. 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
3. The financial effect upon the discharger of a termination of the legal nonconforming
connection.
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 development project guidanee; +d-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-.Land
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 14.''��.040. 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
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207
Works Department shall review the project plans and impose terms, conditions and requirements on
the project in accordance with this Section '^.-2moo 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.
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 planning agency, 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,
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208
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.
business or-other-laeation)upon any publie pfopet4y,whether-oeetipied, open or-4. No per-son shall disear-d any waste mEAer-ial, ineluding bt4 not limited tO eOMMOR
ineluding bt4 not lifnited to any street, sidewalk, alley,fight of way, open afea of-point 0
14.25.050 Scope of Inspections
A. Right to Inspect. Prior to commencing any inspection, as he feinbel w,,.,*t,,.fizea,the
aAuthorized ilnspector 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 Aauthorized Iinspector 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.
C. Compliance Assessments. The Aauthorized Iinspector may inspect property or business
activity for the purpose of verifying compliance with this c-Chapter, including but not limited to:
1. Conducting inspections as mandated by an NPDES permit and/or other State or Federally
mandated inspections;
24-. Identifying products produced,processes conducted, chemicals used and materials
stored on or contained within the property;
3-2. 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;
54 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;
6. Evaluatingeemplianee-w4th any pefmi issued pursuant to Seetien 14.25.Oi hereef-; and
7. Investigating the condition of any legal nonconforming connection.
D. Portable Equipment. For purposes of verifying compliance with this C-Chapter,the
Aauthorized Iinspector may inspect any vehicle, truck,trailer,tank truck or other mobile equipment.
E. Records Review. The Aauthorized linspector may inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously occurring on-site, including
material and/or chemical inventories, facilities maps or schematics and diagrams, material safety
data sheets,hazardous waste manifests,business plans,pollution prevention plans, state general
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 Aauthorized Iinspector 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
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A_authorized Iinspector 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 A_authorized Iinspector 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 Aauthorized Iinspector may erect and maintain monitoring devices for the
purpose of measuring any discharge or potential source of discharge or potential source of discharge
to the stormwater drainage system.
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 A_authorized
Iinspector.
I. Closed Circuit Television (CCTV)Footage. In the event of a sanitary sewer overflow.the
Authorized Inspector can request the owner to conduct CCTV inspection of the sanitary sewer line
and sewer laterals and provide CCTV footage within a reasonable time-frame.
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 following
procedure:
a. The Notice shall be served and delivery shall be deemed complete upon the
property owner pursuant to the following procedure:
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 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.
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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.
iv. Any person responsible for an illicit connection or prohibited discharge.
C. The Notice shall state that the property owner 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.
21. Notice of Noncompliance. The Aauthorized Iinspector may deliver to the owner or
occupant of any property, or to any person responsible for an illicit connection or prohibited
discharge a nNotice of nNoncompliance. The nNotice of nNoncompliance shall_be a
in aeear-Elance with this seetion.
a. Identify The notiee of nonee plianee shall identifY the provision(s) of this Cehapter
or the applicable permit which has been violated. The nNotice of nNoncompliance shall
state that continued noncompliance may result in additional enforcement actions against
the owner, occupant and/or person.
b. The N_notice of N_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 nine 901 days unless the A_authorized Iinspector extends the compliance
deadline an additional nine 90)days where good cause exists for the extension.
31 Issuance and Terms of Administrative Compliance Orders.
The A_-authorized Iinspector may issue an aAdministrative eCompliance eOrder. The
aAdministrative eCompliance order may include the following terms and requirements:
may be issued te:
a.i-. T-be ., t E)f a,<, ope.1., o ,,:r 1,.,te e t 4'..enditions
in vialation of this ehapte.r-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.i} The awner-of p et4y subject to to,-ms eenditions o e
t"Fms rations an ro " eats Specific steps and time schedules for
compliance as reasonably necessary to discontinue any illicit connection;
C.4 . A v.v,•m ttee.,ubjeet to ther-equir-ements f any ,-m t issued pursuant t
Seetio i n 25 non too lia-nee with
: t, the tditi e is
o � " n ons an o
^f the nt Specific requirements for containment, cleanup,removal. storage,
installation of overhead covering, or proper disposal of any pollutant having the
potential to contact stormwater runoff;
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di-v. 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 the best managementpractices guidance documents
promulgated by an 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 thereto.
b. The ^,1m inist.^tiye complianee order-ma�, elude the following tof ffis ,,� 1
ents:
. hibited diseharge from any pond,pit,well, suffaee impatindment,holding OF
sto age area;
H. Speeifie steps and time schedules for complianee as feasonably neeessaf),to
> >
installation
of over-head , pr-apo disposal pollutant,.f any having the potential to
�
thfe4 of r eontinuing violations of this clap,. ineluding,btA not lifnitoa t
fegional 0 ,.
v n o 0,itny„tl, teams .. s nably eale,,1^te to .,ehieye full,-0
eemplianee with the terms nd tions an o 0,its of any miit issued
.�0
pufstia
.t hereto-.
4-3. Issuance and Terms of Cease and Desist Orders. a- The Aauthorized Iinspector
may issue a c-Cease and dDesist eOrder directing the noticed party '' ^Pe^^P -Arad Elesist^raer
shall be delivefed in accer-danee with this seetion. A eease and Elesist order-may difeet t1we
rt 4 any p pei4 ,^"ad l^"other-per—son responsible for a violation of this
Cehapter to:
ai. Immediately discontinue any illicit connection or prohibited discharge to the
stormwater drainage system;
bii. Immediately^ v,tai or-diyei4 any flaw of w ter-offthe pel4y, here the
flowis oeetiffing in vielation of any provision 4this Chapter; 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•
ciii. Immediately discontinue any ether-vialation,.f this e4apt^f contain or divert
any flow of water off the property, where the flow is occurring in violation of any
provision of this chapter,
dim Clean up the area affeeted by the viala4i . Immediately discontinue any
other violation of this Chapter: and/or
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212
e. Clean up the area affected by the violation.
54- Issuance of Order for Recovery of Costs. The Aauthorized Ilnspector may deliver to 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 nNotice of nNoncompliance or aAdministrative
Compliance eOrder, an e f r easts. An Order for Recovery of Costs invoiee for-ea
shall be delivered in accordance with this sSection. An Order for Recovery of Costs invtiee fer
eests 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 invoiee for-,.e fails to either pay the Order for Recovery of Costs ifivaiee for- or
appeal successfully appeal the Order for Recovery of Costs in ,Oiee for-e8sts in accordance
with this sSection,then the City Attorney may institute collection proceedings.
-5. Delivery of Notice. Any notiee of noneompliance,
administrative complianee or-der-, cease
and desist order-E)r-invoiee of easts to be deliver-ed pufsuant to the fequifements of this ehaptef
this
mail,b. Deliver-y shall be deemed complete upon(i)personal seiz-Viee to the r-ecipient; (ii)
deposit in the U.S. ;
with eenfifniation of reeeif4-.
e. Where the r-eeipient of netiee is the owner-of the pr-apeFty,the address for-notiee
shall be the addfess ff am the most r-eeently issued eqtialized assessment fell faf the
pr-apefty, as other-wise appears in the ouff ent r-eeor-ds of the C4ty
shall be deemed deliver-ea after posting o the property for^ period f 10 bttsifiesS a^..s
6. Administrative Hearing for Notices of Noncompliance,Administrative Compliance
Orders,Invoices for Costs and Adverse Determinations. Except as set forth in par-agfaph
Subsection 8 below. of this .,,•bse any person receiving a N_notice of N_noncompliance,
Aadministrative Ceompliance Orrder, Order for Recovery of Costs. ^p o ^�
flefleafifefffling eennection, an e for-easts, or any person who is subject to any adverse
determination made pursuant to this Cehapter,may appeal the matter by filing a written
reauest for req*esting 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 reasonableness discretion of the hearing officer and
pursuant to a written request by the appealing party. a continuance of the hearing is granted.
Notwithstanding the foregoing,these administr-ative appeal pr-eeedufes shall HE)t appl�,tO
er-iminal pfeeeedings initiated to enforce this ehapten
7. ,
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costs or-an advefse detefmina4ion shall,w4hin 30 days of r-eeeipt thereof-, file a�AT44en reques
for-an administfa4ive hearing, accompanied by an administfatiVe heafifig fee as established by
o �o ^ltAion with the Office of the Gity rio,.v with a eopy of the r est
administfative heafing mailed on the date of filing to the City Managef. Thefeaftef, a heafing
on the matter shall be held befefe the heafing officer-within 4 5 business days of the date 0
filing of the�AT-itten feEtuest unless, at the reasonable discretion of the heafing officef an
Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. A request for aA-n administrative hearing shall not be required for the person subiect
to on the issi,,r e of a Cc-ease and Ddesist Oerder or fellowing an Eemergency Aabatement
Aaction. An administrative hearing on the issuance of a Cease and Desist Order or following
an Emergencv Abatement Action shall be held within five"5 business days following the
issuance of the eOrder or the Emergency action a aAbatement Action shall be held within five
5)business days following the issuance of the Order or the Emergency 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.
shall not be fequir-ed 4-ofn the per-son subject to the cease and desist or-Eler-or-the einer-geney
abatement action.
89. Hearing Proceedings. The Autthorized Tinspector shall appear in support of the Notice
of Noncompliance, Compliance Order, Cease and Desist Order, Order for Recovery of Costs
or Emergency Abatement Action,notice, or-de detefi inatior ipvoice for costs or emer-geney
abatement action, and the appealing party shall appear in support of withdrawal of the same
notice, or-der-, determination, invoice for-costs, or in opposition to the emergency abatenient
aetiee. 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.
94-0. 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 appealing party. The final decision shall include notice that
any legal challenge to the final decision shall be made pursuant to the provisions of Code of
Civil Procedure 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 f5 business days following the conclusion of the hearing.
1044. City Abatement. In the event of an illegal discharge of pollutants to the storm drain
system,the responsible party(property tie owner of property, contractor,business owner. etc.l
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 Citv staff or
contract staff if the size,nature and 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 apse or any other person fails to comply with any provision of a
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19-8328/224495
214
eCompliance Order sehedule issued to such owner, operator,permittee or person pursuant to
this c-Chapter,the Aauthorized Iinspector 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 SSection.
B. Nuisance. Any condition in violation of the prohibitions of this eChapter, 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:
1. Court Or-deF to Enjoin or-Abate.At the r-equest of the City Manager-,the Gity Attafney
may seek.a eettA order-to enjoin anEVer abate the nuisance.
21. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance,the Aauthorized linspector 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.
-32. Emergency Abatement. In the event the nuisance constitutes an ilmminent dDanger to
public safety or the environment,the Aauthorized linspector may enter the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner
or occupant prior to abatement. If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the owner or occupant thereof
and without judicial warrant,provided that an administration hearing pursuant to this Section
shall follow the abatement action.
-A. .4-4;-imminent danger-shall ifielude, bu�is not limited to, exigei4 eir-eumstanees
efeated by the dispersal „4'pollutants,where the same presents a signifieant era
b. Notwithstanding the author-ity of the Gity to een"et an emer-geney abatement
aetien.
43. 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.
-54. Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in accordance
with Government Code 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 Aauthorized Iinspector,the City Attorney is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment
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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 Aauthorized linspector to
pursue enforcement actions in accordance with the provisions of this sChapter.
2. Infractions.Notwithstanding Chapter 1.16 of this any penalty efElin nee in the^Code,
any person who may otherwise be charged with a misdemeanor under this sChapter 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
sChapter,undertakes to conceal any violation of this chapter, continues any violation of this
sChapter after notice thereof, or violates the terms, conditions and requirements of any permit
issued pursuant to this sChapter, shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand 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 issuance of administrative citations under the
provisions of Chanter 1.18 of this Code.
DE. Consecutive Violations. Each instance day in which a business,property owner, or other
persons fails to comply with the correction date(s) and time(s) established in a Notice of
Noncompliance. an Administrative Citationvielation^ and eh separate fa
an aAdministrative eCompliance eOrder, or a eCease
and dDesist order^r^ .,o,mit;ss„^a p.,,.s, ant to this ehapt^r, shall constitute a separate violation of
this eChapter punishable by fines or sentences issued in accordance herewith.
1?F. Nonexclusive Remedies. Each and every remedy available for the enforcement of this
eChapter, shall be nonexclusive and it is within the discretion of the Aauthorized linspector or City
Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be
available for any single violation of this sChapter.
EG. Citations. Pursuant to Penal Code Section 836.5, the Aauthorized Iinspector shall have the
authority to cause the arrest of any person committing a violation of this sChapter. 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 Aauthorized Iinspector 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
sChapter violated, and the time and place of appearance before the court, which shall be at least ten
�I0)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.
GH. Violations of Other Laws. Any person acting in violation of this sChapter also may be
acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws
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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 eChapter.
141. Injunctions. At the request of the Aauthorized Iinspector,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.
U. 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 eChapter, 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.
J& Other-Civil Remedies. The Authorized Inspector may request the City., tto
file:
l. aAn action for civil damages
in a court of competent jurisdiction seeking recovery of(a) all costs incurred in enforcement of
this eChapter, 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 eChapter 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 eChapter shall not
limit the right of the City to seek any other remedy that may be available by law.
14.25.070 Interagency Cooperation
or-faeility is Fiat ather-wise subj eet to the fequif ements of a state general pefmit E)r-a National
Pollution Discharge Elimination System Peffflit fegulating stefmwa4er-discharges,the Pir-eetar-E)
stE)FmwE4er-dfainage system if--
et4er-wise legal opfE)pei45-,-a*d
> >
o.l, et' in established water- .,lit, sr.,..a.,,-ate
B. Applieation. The applicant shall pr-evide all infefmation requested by the Dir-eetor-of A
Works for-review and eensider-ation of the appliea4ian,ineluding btA not limited to speeifie detail as
pr-apeFty, identifieation of processes to be used on site and other-infefmation as n+ay
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217
if n gfante,l
G. Permit isstianee. The peffflit shall be gfapAed or-denied by the Dir-eeter-of P41ie)AIMEs, of
his or-her-design4ed r-epr-esentative, no !a er-than 60 business days following the eompletieft a
aeeeptanee of the . nlie t:en .,s .lete fm;ne,l by the Difeetaf of P41ie Alai s
taken.The applieaf4 shall be notified in pefson of by f4fst elass mail,postage pfepaid, of the aetion
Flu ing bt t net limited te-
�. iae*t}if ea on of the aireear-gec-lleeation on the property and tcrl'e lroeatiior"i-E'rt which the
.liseh -ge will enter-the st(.fmw to-,lr•aina e system;
ste fm,.,.,te«df inage s .stem•
violation eFtl.:s hapte,.•
1
4. Re emefttszfof self i e.ing of any ais,
data,5. Requirements fof submission of doetffnents of sueli as teehniea4 fepefts,
data, El}sehafgefepefts self mentefingfeperts and waste mani€est&,Affd
regionalbest management pfaetiees guida-nee daeumen�s appr-oved by any federal, State of califamia Of
E e}ePermit. At the diserecion of the Direecoi of Pu.lie IAIE)rlEs, thepenn; ma�,, n
within the scope of the aul4efization pfovided by the genefal peftnit may do so by filing an
gene-.,1 n Fm;t shall E)eetff ntil s eh . plie.,t;en is e filed.
Notwithstanding the for-egaing in this > >
at his of he
1. For-individually issued
> it >
•
7 For genef 1 n fmits the gists of feyiewifi.tl,e ,.,,,it . plie.atien that peftion of the egists
permit,fef the general
and the eests feasonably felated to administefing the general permit
17
19-8328/224495
218
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 seal are met.
B. The City may,to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals,inspections.permits and
enforcement authorized by this Chapter.
14.25.080 Miscellaneous
A. The Pireeter of Publie Works may suspend of r-evolce any permit when it is determined
1. The pefmittee has violated any term, eandition 4 of the permit or any
applieable provision of this chapter; or
3. The permittee fails to comply with an),sehedule for eomplianee issued pursuant to this
eh or 1
4. Any_,•egttlatofy ag�C�..l,,.ing EPA. aRegional Water QualityControl Board having
jurisdietion over the discharge,notifies the City that the Elisehafge shOtdd be teffflifiated.
B. The Direetor of Public Works may modif�,any permit v��eR it is Eletefmifled that:
1. Federal or state law requirements have ohanged in a mariner tha4 neeessitates a ehange fin
the it;
rvr
ehanged so that it is appropriate to modif�,the permit's terms, CofiditiORs Or r-equir-effleRtS; Or
3. A ehange to the permit is neeessafy to ensure eempliamee with the objeetives of this
chapter or to proteet the quality of feeeiving waters.
The pefmittee, > in the ease of a general permit,
eaeh per-son who has filed an applieation pursua"t
to Seetion 14.25.07(), shall be informed of any eharige in the permit terms and conditions at least 4 5
business days prior to the effeetive date of the modified permit.
G. The determination that a permit shall be denied, susperided, revoked or Modified may be-
appealed by a permittee pursuant to the same prooedures applieable to appeal of an administra
eamplianee order-heretmEler. in the absenee of a judieial order to the contrary,the permittee may
P. Permit Enforcement.
1. Penalties. Any violation of the terms, eenElitions and r-equirements of any permit issued.
by the Direeto-r-of-Pu-lie Works shall eanstitute a violation of this ehapter and subjeet the
violator to the admini-stra ive, eivil and eriminal r-erneElies available tirider this chapter,
this ohapter shall not relieve the pefraittee from compliarioe with all federal, state and leeal
laws,fegWations and permit r-equirernents applieable to t4e aetivity for whieh tile permit is
18
19-8328/224495
219
a. Limited Per-mittee Rights. Peffnits issued undef�his ehapter-afe fef�he per-son ar.-
G ))
only, and atAhafize the speeifie
pefffl;44e with a eontinuing gI 4 to discharge.
b. Transfer-of Permits.-Na pefmit issued to any per-son may be tr-ansfefr-ed to allow:
i. A diseha e to the stormwater drainage system at a loea4ion „then than the
1, ation stated in the original re ;t rm •�
howevefii. A disehar-ge by a per-son et4er-than the per-son named in the pefmit,pr-ovided-,
advanC {fom the Threat r f Publie WerLs
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 the application of the ordinance to any
circumstance is held invalid the remainder of the ordinance^r the a-pplieat;e of the r-din rae 4e
^the..�e shall not be affected.
14.25.090 ]udicial Review
A. The City intends to eeeper-ate with at4er-ageneies with jufisdietieff evef stermwater-disehafge-s
the Clean Water-Aet(33 l��Seetion 1251 et S@q.) are met.
B. The Gity may,to the extepA atAhar-ized by e
t the planning approvals, inspections,pe its n a
enforcement a„ther-ize.l by this ehapter,
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 review of any
action taken pursuant to this chapter shall file such action within ninety(901 days of the occurrence
of the event for which review is sought.
A. Complianee Diselaimer, Full eemplianee by any per-son of entity with th —4h�s
eQ4apter-shall not pr-eeltide the need to eamply with other-laeal, state or-fedefal statutety e
regulater-5,fequir-ements, v��ieh may be required for-the, e-A-RAr--a-1- afthe disehar-ge E)f pollutants i
ste..., water angler the r eteetio of ste.-mwater alit.,
B. Sever-ability. if any provision of this ehapter-or-the appliea&m E)f the or-difianee to any
eifetimatn is hell al:,l, h ee the nde ..Fh r-d the of the applicationl:of the r. e t other per-sonsor- mstanees shall not be affected.
C. Repeal of Prior-Ordinance. The this by the G ty shall TcPicr the
led.;ions of Count),Or-dinanee NE). 703, enacted f;gr-the peFmitting of disehafges of industr-ial
>however,
19
19-8328/224495
220
allowed hereunder-. ., legal n F 60H.
taken pttfsuaR�to this ehaptef shall file stieh aetion within ninety(90) days of the oeetiffenee of the event.
20
19-8328/224495
221
° Repealing of Chapter 14.24
(Water Pollution Ordinance)
Purpose of Repealing Chapter 14.24:
Introduction of Ordinance No. 4206 ► Superseded by Chapter 14.25 j5tonm,Natei & Urban Runoff
Management Ordinance. f�
► Does not comply with current federal&state stormwater
REPEALING CHAPTER 14.24(WATER POLLUTION ORDINANCE) regulations.
&
AMENDING CHAPTER 14.25(STORMWATER&URBAN RUNOFF MANAGEMENT ORDINANCE) ► Industrial Wastewater discharge permits to sanitary sewer system ar-
issued by Orange County Sanitation District not Dhector of Public
Works.
Amending Chapter 14.25 (Stormwater &
Amending Chapter 14.25 (Stormwater & Urban Runoff Management Ordinance)
Urban Runoff Management Ordinance)
► Adopted in 1997 to comply with then current federal and state
► i ir.,r . r�.:, 'i�. it uulhoiit<s Uue�loi ul Put,in Works t� ssuva
regulations regarding protecting water quality of surface waters. disc haige pv netts. [_hscharrjr-pee mits are issued by Slab
► Primary purposes:Protection of public health&water quality of ► Atjth„r;zes city staff tt�deem,exempted discharges as niiisnn<_<: �l dis_lt�� f, n
local beaches,rivers,and streams. _ in necfativo downsrieon,Impacts.
► Deletion of language that nuthowes City to wash down slit As without it it
► Established enforcement mechanisms for violations of wat
Is nul cunipliont with cunrrnt i gi Inh,,ns.
pollution regulations.
► I)efin�s hrgltive dusl us piuluLifecJ Jicchar�te.
Huntington Beach Wave PROOF OF PUBLICATION
2190 S.Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011389437
714-796-2209
H.B.Wave
PUBLISH DATE: 001/2020
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
5190751 ORDINANCE NO.4206
Adopted by the City Council on June 1,2020
HUNTINGTON BEACH, CITY OF "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
CITY CLERK DEPARTMENT REPEALING CHAPTER 14.24 AND AMENDI NG CHAPTER 14.25
OF THE HUNTINGTON BEACH MUNICIPALCODE REGARDING
2000 MAIN ST STORM WATER AND URBAN RUNOFF MANAGEMENT"
HUNTINGTON BEACH, CA 92648-2763
SYNOPSIS
Chapter 14.24 of the HBMC was adopted in 1970 to prohibit the dis-
charge of industrial waste and other pollutants into the storm drain
system and established a mechanism for the Director of Public
FILE NO. Ordinance No. 4206 Works Department to issue industrial waste discharge permits to in-
dustrial facilities for the discharge of industrial waste into the sanita-
ry sewer system. This ordinance longer relevant it does not
AFFIDAVIT OF PUBLICATION comply with current storm wafer regulations and the authority to is-
sue industrial waste permits is now under the purview of the Orange
STATE OF CALIFORNIA, County Sanitation District. Chapter 14.25 was adopted in 1997 to su-
persede Chapter 14.24 and was adopted to comply with.the then-
$$. current storm water related regulations. Chapter 14.25 of the Hun-
County of Orange tington Beach Municipal Code(Code)was adopted in 1997 to comply
with the MS4 permit as issued by the Santa Ana Regional Water Qual-
ity Control Board. The MS4 permit requires the City to demonstrate
through ordinances the necessary legal authority to enforce prohibit-
ed discharges to the storm drain that would have a negative impact
I am a citizen of the United States and a resident of the on the water quality and aesthetic value of downstream receiving wa-
ter bodies such as the Santa River and the Pacific Ocean. The MS4
County aforesaid; I am over the age of eighteen years, and permit has been revised since the adoption of Chapter 14.25 and the
not a party to or interested in the above entitled matter. I amendments comply with the new restrictions and requirements in-
am the principal clerk of the Huntington Beach Wave, a cluded in the latest MS4 permit.
newspaper that has been adjudged to be a newspaper of COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE
general circulation by the Superior Court of the County of CITY CLERK'S OFFICE.
Orange, State of California, on July 1, 1998, Case No. PASSED AND ADOPTED by the City Council of the City of Hunting-
A-185906 in and for the City of Huntington Beach, County ton Beach at a regular meeting held June 1,2020 by the fallowing roll
of Orange, State of California;that the notice, of which the call vote:
annexed is a true printed copy, has been published in AYES: Posey,Delgleize,Hardy,Semeta,Peterson,Carr,
each regular and entire issue of said newspaper and not in Brenden
any supplement thereof on the following dates,to wit: NOES: None
ABSENT: None
06/11/2020
This ordinance is effective July 1,2020
CITY OF HUNTINGTON BEACH
2000MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
1 certify(or declare) under the penalty of perjury under the ROBIN ESTANISLAU,CITY CLERK
laws of the State of California that the foregoing is true Published HB Wave6AI/2020 11389437
and correct:
Executed at Anaheim, Orange County, California, on
Date:June 11, 2020.
CKr\l
Signature
r.LP142/15/16 t