Ord 552ORDINANCE NO. 552
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING IN ITS ENTIRETY CHAPTER 13.09 OF THE POWAY MUNICIPAL CODE
FOR STORM WATER MANAGEMENT AND DISCHARGE CONTROL
WHEREAS, the 1987 amendments to the Federal Clean Water Act, as
implemented by the United States Environmental Protection Agency regulations
adopted November 16, 1990, make necessary the adoption of plans and programs for
storm water management that meet specified criteria; and
WHEREAS, Section 402 (p) of the Clean Water Act (33 U.S.C. 1251 et seq.), as
amended by the Water Quality Act of 1987, requires that all large and medium-sized
incorporated municipalities must:
1. "effectively" prohibit non-storm water discharges into the storm water
conveyance system; and
2. reduce the discharge of pollutants from storm water conveyance systems
to waters of the United States to the maximum extent practicable ("MEP); and
WHEREAS, the State Water Resources Control Board (SWRCB) and the
Regional Water Quality Control Board (RWQCB) for the San Diego region, have
determined that in order to protect the waters of the United States, all jurisdictions,
regardless of population, must comply with all the federal regulations; and
WHEREAS, on February 21, 2001, the Regional Water Quality Control Board for
the San Diego region, issued Order No. 2001-01, National Pollution and Discharge
System Elimination System Permit No. CAS0108758 regulating storm water discharges
by the City of Poway and 19 other municipal copermittees; and
WHEREAS, in order to implement the federal regulatory requirements and
Regional Water Quality Control Board for the San Diego region, Order Number 2001-01
described as above, the City of Poway must execute the Order, effective February 21,
2002; and
WHEREAS, this Ordinance has been duly processed with proper public notice;
and
WHEREAS, the City of Poway has conducted legally noticed public hearings and
has provided all interested parties an opportunity to be heard on the issues; and
WHEREAS, the City of Poway has carefully considered the following proposed
Storm Water Management and Discharge Control Ordinance and finds that its adoption
is required by Order No. 2001-01; that said Ordinance is enacted pursuant to the City's
police power in accordance with California Constitution Article Xl, Section 7; that said
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Page 2
Ordinance is consistent with the City of Poway's General Plan; that said
Ordinance provides for the protection of water resources within the City of Poway and
the protection of health, safety, and general welfare of its citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1:
The proposed Ordinance revision is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section
15061(b)(3), General Rule, as follows:
The activity is covered by the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not
subject to CEQA.
Section 2:
Chapter 13.09 is hereby repealed in its entirety and is replaced in the Poway Municipal
Code by the following:
13.09.010. Title.
This Chapter shall be known as the "City of Poway Storm Water Management and
Discharge Control Ordinance."
13.09.020. Purpose and Intent
The purposes of this Chapter are to protect the health, safety and general
welfare of City of Poway residents; to protect water resources and to improve water
quality; to cause the use of management practices by the City and its citizens that will
reduce the adverse effects of polluted runoff discharges on waters of the state; to
secure benefits from the use of storm water as a resource; and to ensure that the City is
compliant with Order 2001-01 and with applicable state and federal law. This Chapter
seeks to promote these purposes by:
A. Prohibiting polluted non-storm water discharges to the storm water
conveyance system;
B. Establishing minimum requirements for storm water management, including
source control requirements, to prevent and reduce pollution;
C. Establishing requirements for development project site design, to reduce
storm water pollution and erosion;
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Establishing requirements for the management of storm water flows from
development projects, both to prevent erosion and to protect and enhance
existing water-dependent habitats;
E. Establishing standards for the use of off-site facilities for storm water
management to supplement on-site practices at new development sites; and
F. Establishing notice procedures and standards for adjusting storm water and
non-storm water management requirements where necessary.
13.09.030. Definitions. The following definitions shall be applicable when the
following words or phrases are used hereafter in this Chapter (including use in the City
of Poway's Best Management Practices Manual), whether or not these words or
phrases are capitalized.
Authorized Enfomement Official means the City Manager of the City of Poway or
any designee of the City Manager of the City of Poway who is responsible for enforcing
the provisions of this Chapter, including but not limited to, the Directors, their
management staff, and designees.
Best Mana.qement Practices means 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 storm water, receiving waters, or the Storm Water Conveyance
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,
approved by the City and consistent with Order No. 2001-01 that can help to achieve
compliance with this Chapter.
BMPs means Best Management Practices.
Channel means a natural or improved watercourse with a definite bed and banks
that conducts continuously or intermittently flowing water.
Commercial Dischar.qer means a discharger who operates a regulated
commercial facility.
Constructed Wetland means a vegetated area that has been deliberately
modified to provide or enhance habitat, to provide water quality benefits, or to moderate
water flow rates or velocities, that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
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City means the City of Poway.
Developer means a person who seeks or receives permits for or who undertakes
land development activity.
Development Proiect Proponent means developer.
Directors means the Directors of Development Services and Public Works.
Discharge when used as a verb, means to allow pollutants to directly or indirectly
enter storm water, or to allow storm water or non-storm water to directly or indirectly
enter the Storm Water Conveyance System or receiving waters, from an activity or
operations which one owns or operates. When used as a noun, "discharge" means the
pollutants, storm water and/or non-storm water that is discharged.
Discharger means any person or entity engaged in activities or operations or
owning facilities, which will or may result in pollutants entering storm water, the Storm
Water Conveyance System, or receiving waters; and the owners of real property on
which such activities, operations or facilities are located; provided however that a local
government or public authority is not a discharger as to activities conducted by others in
public rights of way.
Discharges Directly To means that storm water or non-storm water enters
receiving waters from a facility or activity, without mixing with any storm water or non-
storm water from another facility or activity prior to entering such receiving waters.
Drainage Easement means a legal right granted by a land owner to a grantee
allowing the use of private land for storm water management purposes.
Environmentally Sensitive Area means impaired water bodies, areas designated
as areas of special biological significance or with the RARE beneficial use by the
SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and
amendments), National Wildlife Refuges, areas designated as preserves for species-
protection purposes by the State of California or a local government, and pre-approved
mitigation areas identified in agreements between the City and state or federal natural
resources agencies.
ESA means Environmentally Sensitive Area.
Household Hazardous Waste means a household hazardous material that no
longer has a use and is discarded or intended to be discarded. The term includes, but is
not limited to, paint and paint-related materials; yard and garden products; household
cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries.
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Hydrolo.qic Soil Group means the classification system for soil erodability set out
in "Soil Survey - San Diego Area, California" (December 1973), issued by the U.S.
Department of Agriculture Soil Conservation Service and U.S. Forest Service. (In this
system soils are categorized into four runoff potential groups. The groups range from
"A" soils, which have high permeability and little runoff production, to "D" soils, which
have Iow permeability rates and produce much more runoff.)
Ille.qal Connection means a pipe, facility, or other device connected to the Storm
Water Conveyance System or receiving waters, which has not been reviewed and
authorized by the City; or a permitted/authorized pipe, facility, or other device, which
conveys illegal discharges.
Ille.qal Dischar.qe means any discharge into storm water, the Storm Water
Conveyance System, or receiving waters that is prohibited by this Chapter. This
includes, but is not limited to, discharges of non-storm water that are not exempt
discharges listed in Section 13.09.060, any discharge from an illegal connection, and
any discharge that contains additional pollutants due to the absence of a required BMP
or the failure of a BMP. Discharges that require a RWQCB permit that has not been
issued or has not been acknowledged by the discharger to be applicable are illegal
discharges. Discharges regulated under an applicable RWQCB or the Storm Water
Pollution Prevention Plan (SWPPP) are illegal discharges for purposes of this Chapter
unless compliance with all applicable permits and SWPPP conditions is maintained.
Impaired Water Body means a water body that is listed by the SWRCB as
impaired by a particular pollutant or pollutants, pursuant to Section 303 (d) of the
Federal Clean Water Act. "303 (d) listed water body" has the same meaning.
Impervious Cover or Impervious Surface means constructed or modified surfaces
that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building
rooftops, pavement, sidewalks, and driveways.
Impervious Surface Area means ground area covered or sheltered by an
impervious surface, measured in plan view (i.e., as if from directly above). For example,
the "impervious surface area" for a pitched roof is equal to the ground area it shelters,
rather than the surface area of the roof itself.
Industrial Activity means manufacturing, processing, or raw materials storage at
a commercial, industrial or municipal facility. The term includes, but is not limited to,
such manufacturing, processing, or storage in or upon industrial plant yards or
immediate access roads used or traveled by carriers of raw materials; manufacture of
products, waste material, or by-product creation or storage; material handling; refuse
storage or disposal; the application or disposal of processed wastewaters; storage and
maintenance of material handling equipment; treatment, storage or disposal of
residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage
of raw materials and intermediate and finished products; and the ownership, use, or
control of areas where significant industrial activity has taken place in the past and
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significant materials remain and ara exposed to storm water. Material handling activities
include the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, finished product, by-product, or waste product.
Industrial Discharqer means a discharger who operates a regulated industrial
facility.
Industrial Storm Water Permit means the State General Industrial Storm Water
Permit.
Infiltration means the process of pemolating storm water or non-storm water into
the soil.
Infiltration BMPs or Infiltration Facility means any structural treatment BMP
designed primarily to percolate water into the subsurface, such as an infiltration trench
or infiltration basin. An infiltration facility may include filtering prior to or during
infiltration. BMPs that infiltrate some water but which are designed primarily to retain
water or to treat water, such as retention basins, constructed wetlands, or filtering
swales aro not infiltration facilities.
Land Development Activity means any activity or proposed activity that requires
any of the permits or approvals listed in Section 13.09.040 (F) of this Chapter.
Land Disturbance Activity means any activity that moves soils or substantially
alters the pro-existing vegetated or man-made cover of any land. This includes, but is
not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil;
placement of fill materials; paving, pavement removal, exterior construction; substantial
removal of vegetation where soils aro disturbed including, but not limited to, removal by
clearing or grubbing; or any activity which bares soil or rock or involves streambed
alterations or the diversion or piping of any watercourse. Land disturbance activity does
not include routine maintenance to maintain original line and grade, hydraulic capacity,
or the original purpose of the facility, nor does it include emergency construction
activities or maintenance activities required to protect public health and safety.
Land Owner means the holder of legal title to the land, and other persons or
entities who exercise control over a land development project pursuant to rights granted
in a purchase agreement, joint venture agreement, development agreement, or long--
term lease.
Maintenance [of a BMP] means periodic action taken to maintain the as designed
performance of a BMP, and includes, but is not limited to, repairs to the BMP as
necessary, and replacement of the BMP by an equally effective or moro effective BMP
at the end of its useful life.
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Manual means the City's Best Management Practices Manual described in
Section 13.09.040 (G) of this Chapter, adopted by resolution and hereinafter referred to
as "Manual".
Maximum Extent Practicable is an acceptability standard for Best Management
Practices (BMPs). When BMPs are required to meet this standard, the BMPs must be
the most effective set of BMPs that is still practicable. A BMP is effective if it prevents,
reduces or removes the pollutants that would otherwise be present in runoff due to
human activity. A BMP is practicable if it complies with other regulations as well as
storm water regulations; is compatible with the area's land use, character, facilities, and
activities; is technically feasible (considering area soil, geography, water resources, and
other resources available); is economically feasible; and provides benefits that are
reasonable in relation to costs.
MEP means Maximum Extent Practicable.
Motor Vehicle means any automobile, car, truck, bus, motor home or other self-
propelled vehicle used or suited to use for on-road transportation; and any similar
vehicle modified for off-road use.
Municipal Facility means a facility owned or operated by the City of Poway that is
used for a governmental purpose. Facilities on municipally owned land that are leased
or rented to others to generate municipal revenues are not municipal facilities. (The
commercial or industrial lessees of such facilities may, however, be subject to this
Chapter as commercial dischargers or industrial dischargers.)
NPDES Permit means a National Pollutant Discharge Elimination System permit
issued by the U.S. Environmental Protection Agency, the SWRCB, or the RWQCB.
NPDES Permit No. CAS 0108758 means RWQCB Order No. 2001-01, NPDES
Permit No. CAS0108758, "Waste Discharge Requirements for Discharges of Urban
Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the
Watersheds of the County of San Diego, the Incorporated Cities of San Diego County,
and the San Diego Unified Port District."
Pollutant means any agent introduced to storm water or non-storm water through
human activity that may cause or contribute to the degradation of water quality such that
public health, the environment, or beneficial uses of waters may be affected. The term
may include, but is not limited to, dredged spoil, rock, sand, or silt (excluding sediment,
silt, or substances in quantities which would enter storm water from a natural
undeveloped watershed); solid waste, sewage, garbage, or medical waste; wrecked or
discarded equipment; radioactive materials; industrial waste; fecal coliform, fecal
streptococcus, and enterococcus bacteria and other pathogens that pose a threat to
human health; volatile organic carbon, surfactants, oil and grease, petroleum
hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel,
zinc, cyanides, phenols, and biocides; and any contaminant which can significantly
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degrade the quality of receiving waters by altering pH, total suspended or settleable
solids, biochemical oxygen demand, chemical oxygen demand, nutrients, or
temperatures.
Rainy Season means from October 1 through April 30.
Receiving Waters means all waters that are "Waters of the State" within the
scope of the State Water Code, including but not limited to natural streams, creeks,
rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the
Pacific Oceans, and ground water.
Redevelopment means any construction, alteration or improvement of an already
developed site that will increase the total impervious surface area of that site, or that
involves activities that could expose contaminants to rainfall. Redevelopment can
include, but is not limited to, the expansion of building footprints, the addition or
replacement of a structure, exterior construction and remodeling, replacement of
existing impervious surfaces that are not part of a routine maintenance activity, and
other activities that create additional impervious surfaces.
Regulated Commercial Facility means all non-residential facilities engaged in
business or commerce, whether for profit or not-for-profit, or publicly or privately owned,
except for regulated industrial facilities and municipal facilities; plus residences used for
commercial repair, maintenance, cleaning, manufacturing, food preparation or painting
activity if that activity has the potential to result in the discharge of non-storm water or
the discharge of pollutants to storm water.
Regulated Industrial Facility means any facility subject to the State General
Industrial Storm Water Permit; any other facility primarily engaged in manufacturing,
processing, storage or handling of raw materials, processed bulk materials, or refuse;
and any other facility with a total outdoor uncovered area of more than two (2) acres
that is used for an industrial activity. Municipal facilities are not regulated industrial
facilities, unless they are subject to the State General Industrial Storm Water Permit.
Residential Discharger means, for an occupied residence, the occupants; and for
a vacant residence, the owner and the manager of the residence.
RWQCB means the Regional Water Quality Control Board for the San Diego
region.
Significant Redevelopment means (1) any redevelopment in the City that creates
or adds at least 2,500 net square feet of additional impervious surface area within, or
within 200 feet of, an Environmentally Sensitive Area (ESA), where runoff from the
redevelopment would discharge directly to receiving waters within the ESA; and (2) any
redevelopment in the City that creates or adds at least 5,000 net square feet of
additional impervious surface area, if that redevelopment involves grading any natural
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slope with a total pre-construction height of 20 feet or more and an average
pre-construction slope from toe to top of 25% or more in an area of known erosive soil
conditions.
Standard Urban Storm Water Miti.qation Plan means a plan designed to reduce
pollutants and runoff flows from new development and significant redevelopment.
State General Construction Storm Water Permit means NPDES Permit No.
CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated
with Construction Activities, and any amendments thereto.
State General Industrial Storm Water Permit means NPDES Permit No.
CAS000001, Waste Discharge Requirements for Discharges of Storm water Associated
with Industrial Activities EXcluding Construction Activities, and any amendments thereto.
Stop Work Order means an order issued which requires that specifically
identified activity or all activity on a site be stopped.
Storm Water means surface runoff and drainage associated with storm events.
Storm Water Conveyance System means private and public drainage facilities
other than sanitary sewers within the City of Poway by which urban run-off may be
conveyed to receiving waters, and includes, but is not limited to, roads, streets,
constructed channels, aqueducts, storm drains, pipes, street gutters, inlets to storm
drains, pipes, or catch basins.
Storm Water Management means the use of structural or non-structural BMPs
that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or
peak discharge fiow rates or velocities. When applied to the City or another municipality,
storm water management also includes planning and programmatic measures.
Storm Water Manaqement Plan means a plan, submitted on a City form or in a
City-specific format in connection with an application for a City permit or other City
approval, identifying the measures that will be used for storm water and non-storm
water management during the permitted activity.
Storm Water Pollution Prevention Plan means a document (other than a Storm
Water Management Plan), which meets the requirements for a SWPPP set out in the
State General Construction Storm water Permit or the State General Industrial Storm
Water Permit. A SWPPP submitted to the City must describe the BMPs to be
implemented and other steps to be taken by the Discharger to meet the requirements of
this Chapter.
Storm Water Retrofit means a storm water management BMP designed for an
existing development site or activity that previously had either no storm water
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management BMPs in place or that relied on BMPs inadequate to meet the storm water
management requirements of the site or activity.
Structural BMP means a BMP that relies on either a physical condition (other
than an entirely natural and undisturbed condition), or on a constructed or installed
device to reduce or prevent pollutants in storm water discharges and authorized non-
storm water discharges. Constructed or enhanced BMPs that depend on natural
materials and processes (e.g., constructed drainage swales or buffers, or constructed
wetlands) and that require periodic maintenance to function as designed, are structural
BMPs.
Structural Post-Construction BMP means a structural BMP (other than a
temporary construction-related BMP) put in place in connection with a land development
or redevelopment project to prevent or reduce contamination in storm water or receiving
waters, or to prevent or reduce erosion downstream from the project.
SUSMP means Standard Urban Storm Water Mitigation Plan.
SWPPP means Storm Water Pollution Prevention Plan.
SWRCB means the State Water Resources Control Board.
Tributary to an Impaired Water Body means a facility or activity is tributary to an
impaired water body if urban runoff from that facility or activity enters (1) the storm water
conveyance system at a place and in a manner that will carry pollutants for which that
water body is impaired in that discharge to the impaired water; (2) a flowing stream that
will carry pollutants for which that water body is impaired in that discharge to the
impaired water; or (3) an ephemeral stream that reaches the impaired water during
storm events and that will carry pollutants for which that water body is impaired from the
facility or activity to the impaired water body during such storm events.
Urban Run-off means all flows in a storm water conveyance system in the City
other than point source discharges in violation of a site-specific NPDES permit. Urban
run-off includes, but is not limited to, storm water, exempt non-storm water discharges,
and illicit discharges.
Water Main means a potable or recycled water delivery line greater than or equal
to four (4) inches in diameter.
Watercourse means a permanent or intermittent stream or other body of water,
either natural or improved, which gathers or carries surface water.
Water Quality Standards are defined as the beneficial uses (e.g., swimming,
fishing, municipal drinking water supply, etc.) of water and the water quality objectives
adopted by the State or the United States Environmental Protection Agency to protect
those uses.
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Waters of the United States means water subject to the regulatory jurisdiction of
the United States under the Federal Clean Water Act and applicable case law. (In
general, this includes "navigable" waters, waters tributary to "navigable" waters, and
adjacent wetlands.)
Section 13.09.040. General Provisions
A. Responsibility for Administration. This Chapter shall be administered for the
City of Poway by its authorized enforcement officials.
B. Effective Date. This Ordinance shall take effect on February 20, 2002.
C. Construction and Application. Interpretation of this Chapter shall assure
consistency with the purpose and intent of this Chapter and shall implement the
requirements of NPDES Permit No. CAS108758. This Chapter is not intended to
interfere with, abrogate or annul any other Chapter, rule or regulation, statute, or other
provision of law. The requirements of this Chapter should be considered minimum
requirements, and where any provision of this Chapter imposes restrictions different
from those imposed by any other Chapter, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher protective standards for
human health or the environment shall take precedence. Storm water and non-storm
water discharges regulated under a valid facility-specific NPDES permit or facility-
specific RWQCB Waste Discharge Requirements Permit are not subject to this Chapter,
but shall instead be regulated exclusively by the RWQCB.
D. Recycled Water. This Chapter is not intended to prohibit or prevent the use of
recycled water, or the discharge of recycled water after use. This Chapter is intended to
require the use of BMPs for such uses and discharges as necessary to protect human
health and the environment.
E. Severability and Validity. If any section of this Chapter is declared invalid by a
court of law, the remaining sections shall remain valid.
F. City Permits and Approvals.
An application for any of the following discretionary permits or approvals
shall be accompanied by plans demonstrating how the requirements of
this Chapter will be met, and the permit or approval shall not be approved
unless the decision maker determines that the application complies with
the requirements of this Chapter:
a. Administrative Clearing Permit
b. Lot line adjustment
c. Final map modification
d. Grading Plan (including modification or renewal)
e. Improvement Plan (including modification)
f. Landscape Plan
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g. Major Conditional Use Permit (including modification, minor deviation,
or extension)
h. Minor Conditional Use Permit (including modification, minor deviation,
or extension)
i. Parcel map modification
j. Reclamation Plan
k. Development review
I. Minor development review
m. Tentative Map (including resolution amendment or time extension)
n. Tentative Parcel Map
o. Variance
2. An application for any of the following ministerial permits or approvals shall
be accompanied by plans demonstrating how the specifically applicable requirements, if
any, set out in corresponding sections of the Manual will be met, and the permit or
approval shall not be approved unless the decision maker determines that the
application complies with those requirements.
a. Building Permit
b. Construction Right-of-Way Permit
c. Encroachment Permit
d. Excavation Permit
e. On-Site Wastewater System Permit
f. Underground Tank Permit
g. Well Permit
G. Manual. The Manual, in most cases, provides a choice of compliance
methods. Authorized enforcement officials may provide additional flexibility using the
guidance documents authorized in subsection (H) below.
H. Guidance Documents. Any authorized enforcement official may prepare,
circulate for public comment, disseminate and maintain guidance documents
addressing the use of pollution prevention practices and BMPs for specific activities or
facilities, illicit connections, and illegal disposal.
These guidance documents may set out additional compliance alternatives that, in
specified circumstances, can provide the same environmental protection that is afforded
by the BMPs required by this Chapter or specified in the Manual.
These guidance documents may also identify practices that have been determined by
the authorized enforcement official to be additional BMPs that may be implemented for
land disturbance activity and land development activity to prevent or control pollution to
the Maximum Extent Practicable (MEP).
Authorized enforcement officials may also take these guidance documents into account
when determining whether any practices used by a discharger, or proposed in a grading
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plan, a SWPPP, an enfomement settlement offer, or any other submittal to the City, are
BMPs that will prevent or control pollution to the MEP. These case-specific discretionary
decisions may involve circumstances that were not anticipated when general guidance
documents were prepared. Therefore, these guidance documents do not confer rights
on dischargers in these cimumstances and do not constrain the discretion of authorized
enforcement officials. Where appropriate, and provided the same protection is provided
to the environment, authorized enforcement officials may depart from these guidance
documents when making case-specific decisions authorized by this Chapter.
I. Compliance Schedules. Existing facilities required to retrofit BMPs specified in
the Manual shall complete those retrofits by July 1, 2003.
13.09.050. Discharge Prohibitions
A. Illegal Discharges. The discharge of pollutants directly or indirectly into the
Storm Water Conveyance System or receiving waters in non-storm water is prohibited,
except as exempted in Section 13.09.060 of this Chapter. The discharge of pollutants
directly or indirectly into the Storm Water Conveyance System or receiving waters in
storm water is prohibited, unless the applicable requirements of this Chapter have been
met.
B. Illegal Connection. The establishment of illegal connections is prohibited. The
use of illegal connections is prohibited, even if the connection was established pursuant
to a valid City permit and was legal at the time it was constructed.
C. Lifter, Dumps, and Stockpiles. Throwing, depositing, leaving, abandoning,
maintaining or keeping materials or wastes on public or private lands in a manner and
place where they may result in an illegal discharge is prohibited.
13.09.060. Discharges Exempted from Discharqe Prohibitions.
A. Separately Permitted Discharqes. Storm water discharges regulated under a
valid facility-specific NPDES permit or facility-specific RWQCB Waste Discharge
Requirements Permit, or under a general NPDES permit (including the State General
Industrial Storm Water Permit or State General Construction Storm Water Permit), are
exempt from discharge prohibitions established by this Chapter, provided compliance
with all relevant permit conditions is maintained to the satisfaction of the RWQCB.
Except as provided in Section 13.09.040 (C), these discharges are not otherwise
exempted from this Chapter.
B. Categorically Allowed Discharges Subject to Section 13.09.070. The following
categories of non-storm water discharges are exempt from discharge prohibitions
established by this Chapter, but dischargers must install, implement and maintain the
applicable BMPs set out in Section 13.09.070 of this Chapter, and any applicable BMPs
specified in the Manual:
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· discharges from potable water sources other than water main breaks;
· diverted stream flows (provided required permits are obtained);
· flows from riparian habitats and wetlands;
· foundation drains (not including active groundwater dewatering systems);
· individual residential washing of vehicles;
irrigation water including recycled water used for irrigation;
· landscape irrigation;
· lawn watering;
· rising ground water;
· swimming pool discharges (if dechlorinated to less than one PPM
chlorine);
· uncontaminated ground water infiltration to storm drains;
uncontaminated pumped ground water;
· water from crawl space pumps; and
· water from footing drains (not including active groundwater dewatering
systems).
C. Categorically Allowed Discharqes Not Subject to Section 13.09.070. The
following categories of non-storm water discharges are exempt from discharge
prohibitions established by this Chapter and are not subject to Section 13.09.070.
· air conditioning condensation;
· flows from emergency fire fighting activities;
· springs; and
· waterline flushing.
D. Exemptions to Protect Public Health and Safety. Discharges determined by
any authorized enforcement official to be necessary to protect public health and safety
are exempt from discharge prohibitions established by this Chapter, provided any
conditions on such discharges imposed by the authorized enforcement official are
satisfied. In emergency circumstances, the determination of an authorized enforcement
official that a discharge is necessary may initially be oral but must be promptly
confirmed in writing by an authorized enforcement official situations. In non-emergency
situations, a prior written determination is required to exempt a discharge.
E. On-site Wastewater Systems. Discharges to the subsurface from permitted
properly functioning on-site wastewater systems are not prohibited by this Chapter.
F. Exemptions Not Absolute. Any discharge category described in subsection (B)
above that is a significant source of pollutant to waters of the United States shall be
prohibited from entering the storm water conveyance system, or shall be subjected to a
requirement to implement additional BMPs to reduce pollutants in that discharge to the
MEP. Such prohibitions shall be effective on a schedule specified by an authorized
enforcement official in a written notice to the discharger. That schedule may take into
Ordinance No. 552
Page 15
account the nature and severity of any effects caused by the discharge; and the time
required to design, engineer, fund, procure, construct and make appropriate BMPs
operational.
13.09.070. Best Management Practice Requirements and General Requirements
Applicable to All Dischargers.
A. Applicable Requirements. All dischargers in the City must comply with the
generally applicable prohibitions and requirements in Sections 13.09.010 through
13.09.070 of this Chapter, and must also comply with any other parts of this Chapter
(including relevant parts of the Manual) that are applicable to the type of facility or
activity owned or operated by that discharger.
B. Minimum Best Manaqement Practices for All Discharqers. All dischargers in
the City must install, implement and maintain at least the following minimum BMPs:
Eroded Soils. Prior to the rainy season, dischargers must remove or
secure any significant accumulations of eroded soils from slopes
previously disturbed by clearing or grading, if those eroded soils could
otherwise enter the Storm Water Conveyance System or receiving waters
during the rainy season.
Pollution Prevention. Dischargers employing ten or more persons on a
full-time basis shall implement those storm water pollution prevention
practices that are generally recognized in that discharger's industry or
business as being effective and economically advantageous.
Prevention of Ille.qal Discharges. Illicit connections must be eliminated
(even if the connection was established pursuant to a valid permit and was
legal at the time it was constructed), and illegal discharge practices
eliminated.
Slopes. Completed slopes that are more than five feet in height, more than
250 square feet in total area, and steeper than 3:1 (run-to-rise) that have
been disturbed at any time by clearing, grading, or landscaping, shall be
protected from erosion prior to the first rainy season following completion
of the slope, and continuously thereafter.
Storage of Materials and Wastes. All materials and wastes with the
potential to pollute urban runoff shall be stored in a manner that either
prevents contact with rainfall and storm water, or contains contaminated
runoff for treatment and disposal.
Use of Materials. All materials with the potential to pollute urban run off
(including, but not limited to, cleaning and maintenance products used
outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in
Ordinance No. 552
Page 16
accordance with label directions. No such product may be disposed of or
rinsed into receiving waters or the Storm Water Conveyance System.
C. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at manned
facilities must be inspected by the discharger before and following predicted rain events.
BMPs at unmanned facilities must be inspected by the discharger at least once during
the rainy season and at least once between each rainy season. These BMPs must be
maintained so that they continue to function as designed. BMPs that fail must be
repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in
use are inappropriate or inadequate to the cimumstances, the BMPs must be modified
or upgraded to prevent any further failure in the same or similar circumstances.
D. Storm Water Pollution Prevention Plan. An authorized enforcement official may
require a commercial, industrial or land disturbance activity discharger to prepare and
submit a SWPPP for approval by that official if (1) the discharger does not come into
compliance with this Chapter after one or more warnings (or other enforcement action)
that BMPs are inadequate or are not being adequately maintained; or (2) the facility or
activity at issue is a significant source of contaminants to receiving waters despite
compliance with this Chapter. Any discharger required to submit and to obtain approval
of a SWPPP shall install, implement, and maintain the BMPs specified in the approved
SWPPP.
The SWPPP shall identify the BMPs that will be used by the discharger to prevent
or control pollution of storm water to the MEP. If the facility is an industrial facility, the
SWPPP submitted to the City shall at a minimum meet the requirements of the State
NPDES General Industrial Storm Water Permit. If the activity at issue is a construction
or land disturbance activity, the SWPPP submitted to the City shall at a minimum meet
the requirements of the State NPDES General Construction Storm Water Permit. If a
facility, required to submit a SWPPP to the City, discharges non-storm water to
groundwater, the facility shall obtain an RWQCB permit as required by the State Water
Code, and shall describe the requirements of that permit in the SWPPP.
Whenever submission of a SWPPP is required pursuant to this Chapter, an
authorized enforcement official may take existing City BMPs into account when
determining whether the practices proposed in the SWPPP are BMPs that will prevent
or control pollution to the required level of MEP.
E. Notification of Spills, Releases and Ille,qal Dischar.qes. Spills, releases, and
illegal discharges of pollutants to receiving waters or to the Storm Water Conveyance
System shall be reported by the discharger as required by all applicable state and
federal laws. In addition, any such spills, releases and illegal discharges with the
potential to endanger health, safety or the environment shall be reported to the
Directors within 24-hours after discovery of the spill, release or discharge. If safe to do
so, necessary actions shall be taken to contain and minimize the spill, release or illegal
discharge.
Ordinance No. 552
Page 17
F. Sampling, Testing, Monitoring, and Reporting. Commercial, industrial or land
disturbance activity dischargers shall perform the sampling, testing, monitoring and
reporting required by this Chapter. In addition, an authorized enforcement official may
order a discharger to conduct testing or monitoring and to report the results to the City if
(1) the authorized enforcement official determines that testing or monitoring is needed
to determine whether BMPs are effectively preventing or reducing pollution in storm
water to the MEP, or to determine whether the facility is a significant source of
contaminants to receiving waters; or (2) the authorized enforcement official determines
that testing or monitoring is needed to assess the impacts of an illegal discharge on
health, safety or the environment; or (3) an illegal discharge has not been eliminated
after written notice by an authorized enforcement official; or (4) repeated violations have
been documented by written notices from authorized enforcement officials; or (5) the
RWQCB requires the City to provide any information related to the discharger's
activities.
Testing and monitoring ordered pursuant to this subsection may include the
following:
1. Visual monitoring of dry weather flows, wet weather erosion, and/or
BMPs;
2. Visual monitoring of premises for spills or discharges;
3. Laboratory analyses of storm water or non-storm water discharges for
pollutants;
4. Background or baseline monitoring or analysis; and
Monitoring of receiving waters or sediments that may be affected by
pollutant discharges by the discharger (or by a group of dischargers
including the discharger).
The authorized enforcement official may direct the manner in which the results of
required testing and monitoring are reported, and may determine when required
sampling, testing or monitoring may be discontinued.
G. Mitigation. All illegal discharges must be mitigated within a reasonable period
of time to correct or compensate for all damage to the environment caused by the illegal
discharge. The authorized enforcement official shall determine whether mitigation
measures proposed or completed by the discharger meet this standard. The authorized
enforcement official shall require the discharger to submit a mitigation planand schedule
by a specified date prior to taking action, and to submit a summary of completed
mitigation by a specified date.
Ordinance No. 552
Page 18
13.09.080. Additional Minimum Best Manaqement Practice Requirements for
Residential Activities and Facilities.
A. Applicable Requirements. The requirements in this section apply to all
residential dischargers within the City. All residential dischargers must install, implement
and maintain the BMPs identified in Section 13.09.070 (B) for all dischargers, and at
least the additional minimum BMPs specified below for the category of activities
conducted by that discharger.
B. Motor Vehicle or Boat Repair and Maintenance.
Motor vehicle and boat repair and maintenance activity shall be performed
under a permanent roof or other permanent cover, if such space is
available. Maintenance and repair activities that are conducted without
cover or without BMPs to prevent pollutant discharges are prohibited
during times of precipitation.
Any release of fluids during repair or maintenance shall be promptly
contained and cleaned up. Any absorbent materials used must be
disposed of properly.
3. Automotive and boat materials and wastes must be stored indoors, or
under cover, or in secure and watertight containers.
C. Motor Vehicle Washing.
1. Vehicles shall be washed over porous surfaces such as lawns and gravel
areas where feasible.
Remaining detergent solutions prepared for use in vehicle washing, but
not used up in that process, may not be disposed by emptying buckets or
other containers directly or indirectly to the storm water conveyance
system or receiving waters. Disposal to the sanitary sewer (e.g., through a
sink, toilet or floor drain) or to a porous surface is required.
3. The use of "hose off' or single use engine degreasing chemicals is
prohibited, unless captured and disposed of properly.
Motor vehicle washing other than individual residential motor vehicle
washing is prohibited, unless all wash and rinse water is diverted to or
contained and disposed to a porous area or the sanitary sewer.
Ordinance No. 552
Page 19
D. Motor Vehicle Parkinq.
Residents shall remove excessive accumulations of oil and grease deposited
by vehicles they own from parking areas, using dry cleaning methods (e.g.,
absorbents, scraping, vacuuming, or sweeping).
2. Residents shall move vehicles from streets when notified to do so to allow
street cleaning.
E. Home and Garden Care Activities and Product Use.
1. Irrigation systems should be adjusted to avoid excessive runoff.
2. Spills of gardening chemicals, fertilizers or soils to non-porous surfaces must
be cleaned up, and propedy disposed.
3. Lawn and garden care products must be stored in closed labeled containers;
or in covered areas; or off the ground under protective tarps.
4. Household hazardous waste may not be disposed directly or indirectly to the
trash or to the street, gutter or storm drain.
F. Home Care and Maintenance.
1. Painting equipment may not be cleaned out in or over streets, sidewalks or
gutters.
2. Action shall be taken to minimize and contain all spills of hazardous materials,
if it is safe to do so.
3. Household hazardous materials must be stored indoors or under cover, and
in closed and labeled containers.
Household wash waters (carpet cleaning, mop water, washing machine
effluent, other gray water, paint wash-up water, etc.) may not be disposed of
to the street, gutter or storm drain or to receiving waters. Disposal to the
sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface
is required.
G. Manure and Pet Waste Manaqement.
Manure deposited by horses and large animals within an enclosure or on
uncovered areas, from which runoff could enter receiving waters or the storm
water conveyance systems, must be cleaned up at least once weekly and
either be composted, or be stored prior to disposal in a manner that prevents
contact with runoff to receiving waters or the storm water conveyance system.
Ordinance No. 552
Page 20
2. Areas used for composting such manure must be located, configured or
managed to prevent runoff to receiving waters or the storm water conveyance
system.
3. Pet waste shall not be disposed to the storm water conveyance system or
receiving waters.
H. Private Sewer Laterals and On-Site Wastewater Systems.
Private sewer laterals shall be cleaned, maintained and when necessary
replaced to prevent seepage and spills. On-site wastewater systems shall be
pumped, maintained and when necessary modified or replaced to prevent
spills.
Spills from private sewer laterals and on-site wastewater systems shall be
contained and cleaned-up in a manner that minimizes any release of
pollutants to the storm water conveyance system or receiving waters.
Any release from a private sewer lateral that enters the storm water
conveyance system or receiving waters shall be immediately reported to the
City.
4. Failed on-site wastewater systems shall be repaired or replaced, after
issuance of all required permits and approvals.
13.09.090: Additional Minimum Best Mana.qement Practice Requirements for
Commercial Activities and Facilities.
A. Priorities and Requirements. Regulated commercial facilities are classified in
this section as high priority or all other, and additional requirements are imposed on
those facilities by this section based on those classifications. All commercial dischargers
must install, implement and maintain at least the additional minimum BMPs, if any,
specified in this section or in the Manual for the priority classification and category of
activity or facility owned or operated by that discharger. All regulated commercial
facilities shall review their facilities, activities, operations and procedures at least
annually to detect and eliminate illicit connections and illegal discharges. Corrective
training shall be provided as needed (and documented in training records) whenever an
illegal disposal practice is discovered.
B. Hi.qh Priority Commercial Facilities Identified. As required by NPDES Permit
No. CAS0108758, facilities in the City having one or more of the following
characteristics are high priority commercial facilities:
1. The facility is a regulated commercial facility primarily engaged in one of the
following commercial activities:
Ordinance No. 552
Page 21
Airplane mechanical repair, maintenance, fueling, or cleaning;
· Motor Vehicle (or other vehicle) parking lots and storage facilities;
· Motor Vehicle and other vehicle body repair or painting;
· Motor Vehicle mechanical repair, maintenance, fueling, or cleaning;
· Boat mechanical repair, maintenance, fueling, or cleaning;
· Botanical or zoological gardens and exhibits;
· Cement mixing orcutting;
· Cemeteries;
· Eating ordrinking establishments;
· Equipment repair, maintenance, fueling, or cleaning;
· Golf courses, parks and other recreational areas/facilities;
· Landscaping;
· Marinas;
· Masonry installation;
· Mobile motor vehicle or other vehicle washing;
· Mobile carpet; drape or furniture cleaning;
· Nurseries and greenhouses;
· Painting and coating;
· Pest control services;
· Pool and fountain cleaning;
· Port-a-Potty servicing; or
· Retail or wholesale fueling.
The facility is a regulated commemial facility that has outdoor industrial areas
totaling two acres or more or an outdoor parking lot for 100 or more vehicles;
and storm water or runoff from the facility may adversely affect impaired
waters or waters within an ESA.
The facility is a regulated commercial facility and has been notified in writing
by an authorized enforcement official that it is a high priority commercial
facility. Such designations shall take effect 90 days after mailing or service of
this notice. These designations shall be made where the facility discharges a
pollutant load in storm water or runoff that causes or contributes to the
violation of water quality standards.
Commercial
maintain the
Additional Minimum Best Manaqement Practices for All Re.qulated
Facilities. All regulated commercial facilities shall install, implement and
BMPs specified in the Manual the following areas:
· Employee training;
· Storm water pollution prevention plans;
· Storm drain tileage and signing;
· Annual review of facilities and activities;
· Pollution prevention;
Ordinance No. 552
Page 22
· Materials and waste management
· Vehicles and equipment;
· Outdoor areas.
D. Additional Minimum Best Management Practices for Specific Activities at High
Priority Commercial Facilities. High priority commercial facilities shall install, implement,
and maintain the BMPs specified in the Manual for specific areas at the facility, if any,
where any of the following activities are conducted:
· Vehicle and equipment operations;
· Materials and waste management (including tanks);
· Outdoor work and storage functions.
E. Additional Minimum Best Management Practices for Specific Types of
Regulated Commercial Facilities. Regulated commercial facilities, including but not
limited to the types of facilities and activities listed below, shall install, implement and
maintain the BMPs specified in the Manual for each such type of facility or activity.
· Vehicle and equipment repair and maintenance;
· Outdoor storage of vehicles and equipment;
· Retail and wholesale fueling;
· Vehicle body repair and painting;
· Painting and coating;
· Eating and ddnking establishments;
· Marinas;
· Botanical and zoological gardens and exhibits;
· Golf courses, parks, and other recreational facilities;
· Parking lots and storage facilities
· Cement mixing and cuffing;
· Mobile carpet, drape, and furniture cleaning;
· Masonry storage or installation;
· Pool and fountain cleaning;
· Portable sanitary toilet servicing;
· Mobile vehicle washing;
· Pest control;
· Landscaping.
13.09.100. Additional Minimum Best Management Practice Requirements for
Industrial Activities and Facilities.
A. Priorities and Requirements. Regulated industrial facilities are classified in this
section as high, medium and Iow priority, and additional requirements are imposed on
those facilities by this section based on those classifications. All industrial dischargers
must install, implement and maintain at least the additional minimum BMPs, if any,
specified in this section or in the Manual for the priority classification and category of
Ordinance No. 552
Page 23
activity or facility owned or operated by that discharger. All regulated industrial facilities
shall review their facilities, activities, operations and procedures at least annually to
detect and eliminate illicit connections and illegal discharges. Corrective training shall
be provided as needed (and documented in training records) whenever an illegal
disposal practice is discovered.
B. Hi.qh Priority Industrial Facilities. Regulated industrial facilities that have one or
more of the characteristics listed below are high priority industrial facilities:
1. The facility is subject to the State General Industrial Storm Water Permit,
taking into account all of the provisions of that permit.
The facility is a regulated industrial facility and storm water or runoff from
the facility is tributary to an impaired water body, and the facility generates
a pollutant for which that water body is impaired.
The facility is a regulated industrial facility and is located within or adjacent
to (i.e., within 200 ft. of), or discharges directly to, a coastal lagoon or a
receiving water body within an ESA.
4. The facility is subject to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA).
The facility was notified in writing by an authorized enforcement official that
it has been designated a high priority industrial facility. Such designations
shall take effect 90 days after mailing or service of notice. These
designations shall be made where the facility discharges a pollutant load in
storm water or runoff that causes or contributes to the violation of water
quality standards.
C. Medium Priority Industrial Facilities. Regulated industrial facilities that are not
high priority industrial facilities, but which employ 50 or more persons, are medium
priority industrial facilities.
D. Low Priority Industrial Facilities. Regulated industrial facilities that are not
high priority industrial facilities or medium priority industrial facilities are Iow priority
industrial facilities.
E. Additional Minimum BMPs and Other Additional Requirements for Hiqh
Priority Industrial Facilities.
Notice of Intent. High priority industrial dischargers required to comply with
the State Industrial General Storm Water Permit shall maintain on site and
make available for inspection on request by the City the state-issued
Waste Discharge Identification Number (WDID) for the facility, and a copy
of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit.
The discharger shall submit the WDID and a copy of that NOI to the City
by mail if directed to do so by an authorized enforcement official.
Ordinance No. 552
Page 24
Storm Water Pollution Prevention Plan. Dischargers required to prepare a
SWPPP under the State General Industrial Storm Water Permit must
prepare the plan, implement the plan and maintain it at the site readily
available for review. If a high priority industrial facility is not required to
prepare a state SWPPP, the facility shall prepare a SWPPP, submit that
SWPPP for City approval or modification and approval, implement the
SWPPP, and maintain it on site. Failure to comply with an applicable
state-required or City-required SWPPP is a violation of this Chapter.
Pollution Prevention Practices. High priority industrial facilities shall
consider and, where determined to be appropriate by the facility, shall
implement the following measures to prevent the pollution of storm water
and runoff:
· The use of smaller quantities of toxic materials or substitution of less
toxic materials;
· Changes to production processes to reduce waste;
· Decreases in waste water flows;
· Recycling of wastes as part of the production process;.
· Segregation of wastes, and
· Treatment of wastes on site to decrease volume and/or toxicity.
Non-Structural BMPs. High priority industrial facilities shall incorporate into
the SWPPP, and install implement and maintain, the following non-
structural BMPs. The implementation of these practices shall be
consistent with specifications, if any, contained in the Manual.
· BMPs for material handling and storage of significant materials;
· BMPs for non-hazardous waste handling and recycling;
· Employee training programs;
· Good housekeeping practices;
· Preventive maintenance practices;
· Self inspection and quality assurance practices; and
· Spill response planning.
BMPs for Specific Activities. High priority industrial facilities shall
incorporate into the SWPPP, and install implement and maintain BMPs as
specified in the Manual for any commercial activities conducted at the
facility (as identified in Section 13.09.090), and for areas at the facility
where industrial activities are conducted. Industrial activities include but
are not limited to the following:
· Raw or processed materials bulk storage;
· Mixing, where there is the potential for release of a pollutant;
· Cutting, trimming or grinding in connection with a production process;
· Casting, forging, or forming;
Ordinance No. 552
Page 25
· Hazardous materials storage (including tanks);
· Construction, painting and coating;
· Pesticide or other chemical products formulation or packaging;
· Process water pre-treatment;
· Solid waste storage;
· Waste water treatment;
· Welding;
· Blasting;
· Chemical treatment; and
· Power washing.
Additional Structural BMPs. High priority industrial facilities shall
incorporate into the SWPPP, and install, implement and maintain one or
more of the additional structural BMPs listed below where practicable, if
use of such BMPs would significantly reduce pollution in run-off from the
facility. The discharger shall determine in the first instance which of these
BMPs to implement. However, an authorized enforcement official can
order that additional BMPs be used at a particular facility.
· Overhead coverage of outdoor work areas or chemical storage;
· Retention ponds, basins, or surface impoundments that confine storm
water to the site;
· Berms and concrete swales or channels that divert run-on and runoff
away from contact with pollutant sources;
· Secondary containment structures; and
· Treatment controls, e.g., infiltration devices and oil/water separators, to
reduce pollutants in storm water or authorized non-storm water
discharges.
F. Monitoring at Hiqh Priority Industrial Facilities. Dischargers owning or
operating high priority industrial facilities required to conduct monitoring under the State
Industrial General Storm Water Permit shall make records of such monitoring available
for inspection, and submit a copy of such records to the City if directed to do so by an
authorized enforcement official. State exceptions from monitoring requirements are also
applicable to this requirement, and group monitoring approved by the State is also
acceptable to the City. The City may direct that any required records be submitted in a
specified electronic format.
Dischargers owning or operating manned high priority industrial facilities that are
not required to conduct monitoring under the State Industrial General Storm Water
Permit, and which would not qualify for an exemption from monitoring under the terms
of that permit if the permit were applicable, must develop and implement a monitoring
program that meets the following minimum criteria:
1. Quantitative storm water data must be obtained from two storm events in a
year;
2. These monitoring events must address:
Ordinance No. 552
Page 26
· Pollutants listed in any effluent guidelines subcategories applicable to the
facility;
· Pollutants with effluent limits established by an existing NPDES permit for
that facility;
· Oil/grease or total organic carbon;
· pH;
· Total suspended solids;
· Specific conductance; and
· Toxic chemicals and other pollutants likely to be present in storm water
discharges.
This monitoring must be conducted under the conditions set out in the State
Industrial General Storm Water Permit. The discharger must retain records of such
monitoring on site, make such records available for inspection, and submit a copy of
such records to the City if directed to do so by an authorized enforcement official.
G. Medium Priority Industrial Facilities. Medium priority industrial facilities must
prepare and retain on site, and make available for inspection, a written report verifying
that they have assessed their status with respect to the criteria for classifying high
priority industrial facilities set out in subsection (B) above. These facilities must also
meet the requirements for Iow priority industrial facilities set out in subsection (H) below.
H. Low Priority Industrial Facilities. Low priority industrial facilities must meet the
requirements set out in Sections 13.09.040 through 13.09.070 of this Chapter for all
discharges, the requirements set out in Section 13.09.090 of this Chapter for high
priority commercial facilities, and any applicable requirements in Section 13.09.130.
13.09.110. Additional Minimum Best Management Practice Requirements for
Agricultural Operations.
Nursery and Greenhouse Operations. Pursuant to NPDES Permit No.
CAS0108758, nursery and greenhouse operations are classified as
commercial operations for purposes of this Chapter, and are subject to all
requirements for regulated commercial facilities set out in this Chapter.
B. Agricultural Grading and Clearing. The BMP requirements imposed by Section
13.09.140 of this Chapter for Land Disturbance Activity apply to agricultural grading and
clearing, whether or not a City-issued grading and clearing permit is required for that
activity. Tilling or cultivating land exclusively for the purpose of growing plants or
animals is not considered to be grading or clearing, provided all disturbed material
remains on the same site, the tilling or cultivating will not block or divert any natural
drainage way, and the land to be tilled or cultivated has been in agricultural production
for at least one (1) of the preceding five (5) years.
Ordinance No. 552
Page 27
c. Land Development Associated with Agricultural Operations. The requirements
imposed by Section 13.09.150 of this Chapter for Land Development Activity apply to
such activities when they are associated with agricultural operations.
D. Manure Management.
Where practicable, all runoff from areas where livestock, horses or other
large animals within an enclosure on a parcel, must be collected and
managed in a manner that avoids a discharge to the storm water
conveyance system or receiving waters. Where this is not practicable,
manure must be cleaned up at least twice weekly; and must either be
composted, or stored prior to disposal.
Areas used for storing or composting manure must be located, configured
or managed to prevent runoff to receiving waters or the storm water
conveyance system.
3. Animal wastes shall not be disposed to the storm water conveyance
system or receiving waters.
E. Other Agricultural Operations. Other agricultural operations are subject to the
discharge prohibitions and other requirements set out in Sections 13.09.010 through
13.09.060 of this Chapter. Agricultural operations located within or adjacent to (i.e.,
within 200 ft. of), or which discharge directly to an impaired water body or a coastal
lagoon or a receiving water body within an ESA, are also subject to the requirements
set out in Section 13.09.070.
13.09.120. Additional Minimum Best Management Practice Requirements for
Municipal Activities and Facilities.
Municipal facilities must meet the requirements set out in Sections 13.09.010
through 13.09.070, and where applicable, Sections 13.09.140 and 13.09.150 of this
Chapter. In addition, these facilities and activities must install, implement and maintain
at least the additional minimum BMPs, if any, specified in Section 13.09.100 or in the
Manual, for industrial areas and activities at the municipal facility.
13.09.130. City Best Manaqement Practices Manual.
A. Effect of Manual. All dischargers who are required by this Chapter to install,
implement and maintain BMPs shall ensure that their selection of BMPs is consistent
with the applicable specifications, if any, contained in the Manual, for the category and
priority of activity or facility owned or operated by that discharger. All BMPs installed,
implemented or maintained to meet the requirements of this Chapter must conform to
the applicable specifications, if any, set out in this Manual.
Ordinance No. 552
Page 28
B. Existing Facilities. The Manual sets out minimum BMPs and other objective
specifications for specific types and categories of existing facilities and activities. Where
minimum BMPs and objective specification are specified, they are mandatory. Where no
minimum BMPs have been specified in the Manual for a type and category of facility or
activity, only the requirements set out in this Chapter are applicable.
C. Ministerial Land Development Proiects. Requirements applicable to
development projects requiring only the kinds of ministerial permits listed in subsection
13.09.040 (F)(2) of this Chapter are set out in separately identified sections of the
Manual. Other requirements in the Manual are not applicable to these projects during
the development process. However, some additional requirements will apply to
completed projects when they become subject to this Chapter as residential,
commercial or industrial facilities.
D. Discretionary Land Development and Redevelopment Projects. The Manual
sets out minimum BMPs, other objective specifications, and water quality standards for
land development projects requiring one or more of discretionary permits listed in
subsection 13.09.040 (F)(1) of this Chapter. The minimum BMPs and other objective
specifications in the Manual are applicable to both ministerial and discretionary land
development projects. The BMPs in the Manual are applicable to projects that require a
discretionary City permit or approval, and shall be implemented through specific permit
conditions. Development project proponents must determine whether their project
design will meet the water quality standards for their facility or activity, and must
redesign their project and/or install, implement and maintain additional BMPs where
needed to meet applicable water quality standards.
E. Conflicting or More Detailed Requirements. In case of any conflict between
any applicable minimum BMPs specified in this Chapter, and any applicable
requirements described in more detail for a particular type of facility or activity in the
Manual, the requirement in the Manual shall prevail.
13.09.140. Additional Requirements for Land Disturbance Activity.
A. Permit Issuance. No land owner or development project proponent shall
receive any City grading, clearing, building or other land development permit required
for land disturbance activity without first meeting the requirements of this Chapter with
respect to the portion of the development project and the land disturbance activity to
which the permit at issue would apply.
B. Owners and Operators Both Responsible and Liable. Persons or entities
performing land disturbance activity (including but not limited to construction activities)
in the City, and the owners of land on which land disturbance activity is performed, are
dischargers for purposes of this Chapter; provided however that a local government or
public authority is not a discharger as to activities conducted by others in public rights of
way.
Ordinance No. 552
Page 29
C. Storm Water Mana.qement Plan. All applications to the City for a permit or
approval associated with a land disturbance activity must be accompanied by a Storm
Water Management Plan, on a form or in a format specified by the City. The Storm
Water Management Plan shall specify the manner in which the discharger/applicant will
implement the BMPs required by this Chapter for the activity at issue, including but not
limited to the applicable BMPs required by subsection (D) below.
D. Additional Minimum BMPs for Land Disturbance Activity. Whether a City
permit or approval is required or not, and whether a Storm Water Management Plan is
required to be submitted or not, all dischargers engaged in land disturbance activity
shall implement BMPs as detailed in the Manual in the following additional areas if
applicable to the project:
1. Erosion control on slopes;
2. Erosion control on fiat areas; or BMPs to desilt runoff from fiat areas;
3. Runoff velocity reduction;
4. Sediment control;
5. Offsite sediment tracking control;
6. Materials management;
7. Waste management;
8. Vehicle and equipment management;
9. Water conservation;
10. Structure construction and painting;
11. Paving operations;
12. Dewatering operations;
13. Planned construction operations;
14. Downstream erosion control;
15. Prevention of non-storm water discharges; and
16. Protection of ground water.
E. Control to the Maximum Extent Practicable. All dischargers engaged in land
disturbance activity must install, implement and maintain those additional BMPs, if any,
that are needed to prevent or reduce pollutant discharges in storm water from land
disturbance to the MEP.
F. Notice of Intent. Dischargers required to comply with the State Construction
General Storm Water Permit shall maintain on site and make available for inspection on
request by the City any state-issued Waste Discharge Identification Number (WDID) for
the site, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to that
permit.
G. Storm Water Pollution Prevention Plan. Dischargers required to prepare a
SWPPP under the State General Construction Storm Water Permit must prepare the
plan, implement the plan and maintain it at the site, readily available for review. Failure
to comply with an applicable state-required SWPPP is a violation of this Chapter.
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H. Facility Monitorin.q. Dischargers required to conduct monitoring under the State
Construction General Storm Water Permit must conduct such monitoring in
conformance with requirements specified by the State, retain records of such monitoring
on site, and make such records available for inspection by an authorized enforcement
official.
13.09.150. Additional Planning, Design and Post-Construction Requirements for
All Land Development and Redevelopment Protects.
A. Application to Development and Redevelopment Projects. No land owner or
development project proponent in the City shall receive any City permit or approval
listed in Section 13.09.040(f) of this Chapter for land development activity or significant
redevelopment activity unless the project meets or will meet the requirements of this
Chapter. Post-Construction BMP requirements imposed by this section and by the
Manual shall not apply to those physical aspects of the project that have been
completed or substantially completed pursuant to and as required by a valid City permit
or approval, at the time a complete application for a subsequent permit or approval is
submitted.
B. Owners and Developers Responsible and Liable. Developers, development
project proponents, and land owners for land on which land development activity is
performed, are dischargers for purposes of this Chapter; provided however that a local
government or public authority is not a discharger as to activities conducted by others in
public rights of way.
C. Post-construction Best Manaqement Practices Required. Land development
and redevelopment projects with the potential to add pollutants to storm water or to
affect the flow rate or velocity of storm water runoff after construction is completed, shall
be designed to include and shall implement post-construction BMPs to ensure that
pollutants and runoff from the development will be reduced to the MEP, will not
significantly degrade receiving water quality, and will not cause or contribute to an
exceedance of receiving water quality objectives.
D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales,
biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever practicable
for post-construction BMPs that are proposed by a discharger.
E. Post-Construction Storm Water Manaqement Plan. All applications to the City
for a permit or approval associated with a land development or redevelopment activity
must be accompanied by a Post-Construction Storm Water Management Plan on a form
or in a format specified by the City. The plan shall specify the manner in which the
discharger/applicant will implement the post-construction BMPs required by this
Chapter. The plan must address those aspects of the project that, at the time a
complete application is submitted, are subject to further environmental review pursuant
to Section 15162 of the California Environmental Quality Act. Post-Construction BMPs
for other aspects of the project need not be addressed in this plan.
Ordinance No. 552
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F. Storm Water Management Plan Review Fee and Deposit. Fees for Storm Water
Management Plan Review and deposit thereof shall be adopted by resolution.
G. Additional Minimum Post-Construction BMPs for Land Development Activity.
Whether a permit or approval is required or not, and whether a Post-Construction Storm
Water Management Plan is required to be submitted or not, all dischargers engaged in
land development or significant redevelopment activities in the City shall implement
post-construction BMPs in the following areas if applicable to the project:
BMPs for permanent control of erosion from slopes. These BMPs can
include structures to convey runoff safely from the tops of slopes, vegetation
or alternative stabilization of all disturbed slopes, the use of natural drainage
systems to the MEP, flow and velocity controls upstream of sites; and
stabilization or permanent channel crossings, unless the crossing is not
publicly accessible and is not frequently used.
BMPs to control flows, velocity and erosion. These BMPs can include but
are not limited to the use of energy dissipaters, such as riprap, at the outlets
of storm drains, culverts, conduits, or lined channels that enter unlined
channels to minimize erosion; installation of retention or equalization basins,
or other measures. Flow control and downstream erosion protection
measures shall prevent any significant increase in downstream erosion as a
result of the new development, but shall not prevent flows needed to sustain
downstream riparian habitats or wetlands.
3. Pollution prevention and source control BMPs, to minimize the release of
pollutants into storm water.
4. Site design BMPs, such as impervious surface minimization; and
appropriate use of buffer areas to protect natural water bodies.
5. Site planning BMPs, such as siting and clustering of development to
conserve natural areas to the extent practicable.
6. The installation of storm drain tiles or concrete stamping, and appropriate
signage to discourage illegal discharges.
7. BMPs for trash storage and disposal and materials storage areas.
Structural BMPs to treat and/or to infiltrate storm water where a
development project would otherwise cause or contribute to a violation of
water quality standards in receiving waters. Off-site structural BMPs may be
used for treatment and infiltration necessary to meet water quality standards
only if the conveyance of run-off to those facilities prior to treatment will not
cause or contribute to an exceedance of water quality standards, or deprive
wetlands or riparian habitats of needed flows. Offsite facilities shall not
substitute for the use of any on-site source control BMPs required by the
Manual.
Ordinance No. 552
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When an Infiltration BMP is used, related BMPs set out in the Manual
(including but not limited to siting constraints), to protect present uses of
ground water, and future uses of that ground water as currently designated
in the applicable RWQCB Basin Plan. (Discharges to infiltration BMPs may
also require an RWQCB permit, and additional state requirements may also
be applicable to these discharges.)
10.Other applicable BMPs required by the Manual.
H. Control to the Maximum Extent Practicable. All dischargers engaged in land
development and significant redevelopment activities shall install, implement and
maintain post-construction BMPs as needed to prevent or reduce pollutant discharges
in storm water from land disturbance to the MEP.
13.09.160 Maintenance of BMPs
Existin.q Development. Residential, commercial, industrial, agricultural and
municipal dischargers shall maintain the BMPs they rely upon to achieve and
maintain compliance with this Chapter.
New Development. The owners and occupants of lands on which structural
post-construction BMPs have been installed to meet the requirements of this
Chapter shall ensure the maintenance of those BMPs, and shall themselves
maintain those BMPs (by contract or covenant, or pursuant to this Chapter)
fail to do so.
Maintenance Obligations. Assumed by Contract or Other Agreement.
Primary responsibility to maintain a BMP may be transferred through a
contract or other agreement. If that contract provides that it will be submitted
to the City pursuant to this Chapter as part of a development permit
application, and if that contract is so submitted, the person or entity accepting
a maintenance obligation in such a contract or agreement will also be legally
obliged to maintain that BMP pursuant to this Chapter.
Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements.
For purposes of City enfomement, no contract or other agreement imposing
an obligation to maintain a BMP can relieve a person or entity of any
obligation to maintain a BMP imposed by this Chapter.
Disclosure of Maintenance Obli.qations. Any developer who transfers
ownership of land on which a BMP is located or will be located, or who
otherwise transfers ownership of a BMP or responsibility for the maintenance
of a BMP to another person or entity, shall provide clear written notice of the
Ordinance No. 552
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maintenance obligations associated with that BMP to the new or additional
responsible party prior to that transfer.
Maintenance Plans for Land Development Proiects. The proponents of any
land development project or significant redevelopment project that requires a
discretionary City permit, shall provide to the City for review and approval
prior to issuance of such permit, a plan for maintenance of all
post-construction structural BMPs associated with the project. The plan shall
specify the persons or entities responsible for maintenance activity, the
persons or entities responsible for funding, schedules and procedures for
inspection and maintenance of the BMPs, worker training requirements, and
any other activities necessary to ensure BMP maintenance. The plan shall
provide for servicing of all post-construction structural BMPs at least annually,
and for the retention of inspection and maintenance records for at least three
(3) years.
Access Easement/Agreement. The proponents of any land development
project or significant redevelopment project that requires a discretionary City
permit, shall agree to a condition of approval that provides the City access for
inspection and maintenance of BMPs or, at the discretion of the City, shall
provide to the City for review and approval prior to issuance of such permit an
executed, permanent, easement onto the land on which post-construction
structural BMPs will be located (and across other lands as necessary for
access), to allow inspection and/or maintenance of those BMPs.
Security for Maintenance for Land Development Proiects. If it is determined by
the enforcement official that the public interest requires the posting of bond or
other security to assure the maintenance of a BMP, such bond or security
may be required by the enforcement official.
13.09.170. Inspection and Sampling.
Re.qulatory Inspections. Authorized enforcement officials may inspect facilities,
activities and residences subject to this Chapter at reasonable times and in a
reasonable manner to carry out the purposes of this Chapter. If entry for a
regulatory inspection is refused by the facility owner or operator, or by the
occupant of a residence, an inspection warrant shall be obtained prior to
inspection.
Access Easements. When any new structural BMP is installed on private
property as part of a project that requires a City permit, in order to comply
with this Chapter, the property owner shall agree to a condition of approval
that provides the City access for inspection and maintenance of BMPs or, at
the discretion of the City, shall provide to the City for review an easement to
enter the property at reasonable times and in a reasonable manner to ensure
that the BMP is working properly. This includes the right to enter the property
without prior notice once per year for routine inspections, to enter as needed
for additional inspections when the City has a reasonable basis to believe that
the BMP is not working properly, to enter for any needed follow-up
Ordinance No. 552
Page 34
inspections, and to enter when necessary for abatement of a nuisance or
correction of a violation of this Chapter.
C. Scope of Inspections. Inspections may include all actions necessary to
determine whether any illegal discharges or illegal connections exist, whether
the BMPs installed and implemented are adequate to comply with this
Chapter, whether those BMPs are being properly maintained, and whether the
facility or activity complies with the other requirements of this Chapter. This
may include but may not be limited to sampling, metering, visual inspections,
and records review. Where samples are collected the owner or operator may
request and receive split samples. Records, reports, analyses, or other
information required under this Chapter may be inspected and copied, and
photographs taken to document a condition and/or a violation of this Chapter.
13.09.180. Enforcement. Authorized enforcement officials may enforce this
Chapter and abate public nuisances as follows:
A. Administrative Authorities.
Administrative Penalties. Administrative penalties may be imposed in
accordance with the provisions for administrative penalties set forth in this
Chapter. Administrative penalties may include the recovery of fines
assessed against the City of Poway by the RWQCB. Any later-enacted
administrative penalty provision in the Poway Municipal Code shall also be
applicable to this Chapter, unless otherwise provided therein.
Cease and Desist Orders. Written and/or verbal orders may be issued to
stop illegal discharges and/or remove illegal connections. If it is
determined by an authorized enforcement official that the public interest
requires the posting of bond or other security to assure the violation is
corrected, such bond or security may be required by the authorized
enforcement official.
3. Notice and Order to Clean, Test, or Abate. Written and/or verbal orders
may be issued to perform any act required by this Chapter.
Public Nuisance Abatement. Violations of this Chapter are deemed a
threat to public health, safety, and welfare; and constitute a public
nuisance. If actions ordered under subsections 13.09.180 (A) (2) and (3)
are not performed, the authorized enforcement official may abate any
public nuisance pursuant to the Poway Municipal Code, Chapter 8.72. City
costs for pollution detection and abatement, if not paid in full by the
discharger in addition to any other penalties, may be made a lien against
the property in accordance with the abatement procedure.
Ordinance No. 552
Page 35
=
Stop Work Orders. Whenever any work is being done contrary to the
provisions of this Chapter, or other laws implemented through
enfomement of this Chapter, an authorized enforcement official may order
the work stopped by notice in writing served on any person engaged in the
doing or causing such work to be done, and any such person shall
immediately stop such work until authorized by the authorized
enforcement official to proceed with the work.
Permit Suspension or Revocation. Violations of this Chapter may be
grounds for permit and/or other City license suspension or revocation in
accordance with Poway Municipal Code Section 1.08.010 (D).
B. Judicial Authorities.
Civil Penalties and Remedies. The City Attorney is hereby authorized to
file criminal and civil actions to enforce this Chapter and to seek civil
penalties and/or other remedies as provided in this Section and in Section
13.09.200 of this Chapter. There is no requirement that administrative
enforcement procedures be pursued before such actions are filed.
2. Iniunctive Relief. The City may enforce compliance with this Chapter by
judicial action for injunctive relief.
Arrest or Issue Citations. The assistance of a peace officer may be
enlisted to arrest violators as provided in California Penal Code, and/or a
citation and notice to appear as prescribed in the Penal Code, including
Section 853.6 may be issued. There is no requirement that administrative
enforcement remedies be used before such actions are taken. The
immunities prescribed in Section 836.5 of the Penal Code are applicable
to authorized enforcement officials acting in the course and scope of their
employment pursuant to this Chapter.
13.09.190. Other Acts and Omissions that are Violations.
In addition to the violations identified in Sections 13.09.010 through 13.09.170 of
this Chapter, the following acts and omissions are violations of this Chapter, whether
committed by a discharger or by another person or entity:
A. Causing, Permitting, Aiding, or Abetting Non-compliance. Causing, permitting,
aiding, or abetting non-compliance with any part of this Chapter constitutes a violation of
this Chapter.
B. Concealment, Misrepresentation and False Statements. Any falsification or
misrepresentation made to the City concerning compliance with this Chapter, including
any misrepresentation in a voluntary disclosure, any submission of a report that omits
required material facts without disclosing such omission, and any withholding of
Ordinance No. 552
Page 36
information required to be submitted by or pursuant to this Chapter in order to delay
City enforcement action, is a violation of this Chapter. Concealing a violation of this
Chapter is a violation of this Chapter.
C. Failure to Promptly Correct Non-compliance. Violations of this Chapter must
be corrected with the time period specified by an authorized enforcement official. Each
day (or part thereof) in excess of that period during which action necessary to correct a
violation is not initiated and diligently pursued is a separate violation of this Chapter.
D. City Permits and SWPPPs. Any failure to conform to an applicable storm
water pollution prevention plan (SWPPP) prepared pursuant to this Chapter; any failure
to comply with storm water-related provisions of a City-issued grading permit or grading
plan prepared to secure such a permit; and any failure to comply with storm water-
related provisions in any other City permit or approval, is also a violation of this Chapter.
For purposes of this Chapter a permit provision or condition of approval is "storm
water-related" if compliance with the provision or condition would have the effect of
preventing or reducing contamination of storm water or of moderating run-off flows rates
or velocities, whether or not the provision or condition was initially imposed to promote
those outcomes.
13.09.200. Penalties.
A. Administrative Penalties. Administrative penalties may be imposed pursuant to
the Poway Municipal Code. Any later-enacted administrative penalty provision in the
Code shall also be applicable to violations of this Chapter, unless otherwise provided
therein.
B. Misdemeanor Penalties. Non-compliance with any part of this Chapter may be
charged as a misdemeanor and may be enforced and punished as prescribed in the
Penal Code and Government Code of the State of California, and the Poway Municipal
Code.
C. Penalties For Infractions. Any violation of this Chapter may be charged as an
infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or
enforced and punished as prescribed in this Code, Penal Code and Government Code
of the State of California.
D. For Civil Actions. In addition to other penalties and remedies permitted in this
Chapter, a violation of this Chapter may result in the filing of a civil action by the City.
Except where a maximum monetary amount is specified, the following may also be
awarded without monetary limitations in any civil action:
· Injunctive relief;
· Costs to investigate, inspect, monitor, survey, or litigate;
· Costs to place or remove soils or erosion control materials, costs to
correct any violation, and costs to restore environmental damage or to end
any other adverse effects of a violation;
Ordinance No. 552
Page 37
· Compensatory damages for losses to the City or any other plaintiff caused
by violations; and/or restitution to third parties for losses caused by
violations;
· Civil Penalties;
· Reasonable attorney fees; and
· Fines assessed against the City by the RWQCB.
As part of a civil action filed by the City to enforce provisions of this Chapter, a
court may assess a maximum civil penalty of $2500 per violation of this Chapter for
each day during which any violation of any provision of this Chapter is committed,
continued, permitted or maintained by such person(s).
In determining the amount of any civil liability to be imposed pursuant to this
Chapter, the court shall take into consideration the nature, circumstances, extent, and
gravity of the violation or violations, whether any discharge caused the violation is
susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay,
the effect on ability to continue in business, any voluntary cleanup efforts undertaken,
any prior history of violations, the degree of culpability, economic savings, if any
resulting from the violation, an such other matters as justice may require.
E. Penalties and Remedies Not Exclusive. Penalties and remedies under this
section may be cumulative and in addition to other administrative, civil or criminal
remedies.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 8th day of January 2002, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 22nd day of January 2002, by the following
roll call vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Micha~+,f=."'Cafa¢
fayor