HomeMy WebLinkAboutOrd 2015-3348 o�miarce �.io. »4s
ORDI\�AIvCE OF THE CITY OF CHULA VISTA AMEI�'DII�'G
SECTION 14?0 OF THE CHULA VISTA MUI�rICIPAL CODE
RELATItvG TO "STORM V�'ATER MAI�'AGEMENT AND
DISCI-IARGE CONTROL"
V�'HEREAS. on May 08, ZOli, the San Diego Regional �'ater Qualit�� Control Boazd
(Reeional Board) adopted a ne�� National Pollutant Discharse Elimination S}�stem (1�'PDES)
Permit and Waste Dischazge Requirements for Discharges from the Municipal Sepazate Storm
Sewer S}�stems (MS4) Drainine the Watersheds �vithin the San DieQo Reeion. Order No. R9-
2013-0001 (Municipal Permit): and � y
�'HEREAS; the Municipal Permit reeulates discharges to storm drain systems within 18
municipalities in San Dieoo Counri�. the Count�� of San Dieeo, the San Dieeo County Reeional
Airport Authorin�, and the San Diego Unified Port District, as ��ell as 13 Copermittees in Orange
County and � Copermittees in Ri��erside Count�� (collecti��ely reFerred to as "Copermittees"); and
l�'HEREAS, the ?�9unicipal Permit required Copermittees to re��ie��� and update their
storm �+�ater. gradine and other rele�ant ordinances and standazds, as necessan�, to comply �vith
the more stringent requirements of the Municipal Permit; and
WHEREAS, proposed amendments to CVMC Chapter 14.20 would incorporate, by
reference. the Cit�� of Chula Vista Best Manaeement Practice Desien Manual "BMP Desien
Manual, October 201�" and establish ne�+� requirements and guidelines for storm water
management on development and redevelopment projects durine the construction and post-
construction phases. �
NO�'. THEREFORE. the Ciri Council of the Cirv of Chula Vista does ordain as follows:
Section I. That Chapter ]4.20 of the Chula Vista Municipal Code is amended as follo«s:
Chapter 14.20
STOR�1 �VATER 11A\AGEMENT AND DISCHARGE CONTROL
Sec[ions:
1�.20.010 Purpose and intent.
14.20.020 Scope.
14.20.030 Definitions.
14.20.040 Administration.
1�?0.100 Discharge of non-storm �+�ater prohibited.
14.20.] 10 Esemptions to dischar�e prohibition.
14.20.1 ZO Reduction of pollutants contactino or entering storm water required.
14.20.12� Additional plannine. desien. construction. and post-construction
requirements for all land de��elopment and rede��elopment projects.
1 A?0.130 Containment. cleanup, and notification of spills.
Ordinance No. 3348
Page No. 2
14.20.140 Watercourse protection.
14?0.1�0 Development in or adjacent to watercourse restricted —Land
development; building, or watercourse permit required.
14.20.160 Illegal connection prohibited.
14.20.170 Proof of compliance required.
14.20.200 Inspection and sampling— General.
14?0.210 Inspection procedures —Additional requirements.
14?0?20 Authorit}� to sample and establish sampling devices.
14.20.230 Testing; monitoring or mitigation required—When.
14.20.300 Concealment.
14?0310 Administrative enforcement powers.
14.20320 Administrative notice; hearinb, and appeal procedures.
14.20330 Judicial enforcement.
14.20340 Violations deemed a public nuisance.
14.203�0 Remedies not exclusive.
14?0360 Civil penalties to be deposited in the storm drain revenue fund.
14.20.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety, and general welfare of the
citizens of the City of Chula Vista by:
A. Prohibiting non-storm water discharges to the storm water conveyance system.
B. Preventing discharges to the storm water conveyance system from spills, dumping or
disposal of materials other than storm water.
C. Reducing pollutants in storm water discharges, including those pollutants taken up by
storm water as it flows over urban areas ("urban runoff'), to the maximum extent practicable.
D. Reducing pollutants in storm water discharges in order fo achieve applicable water quality
objectives for surface waters in San Diego County.
The intent of this chapter is to protect and enhance the water quality of our watercourses,
N�ater bodies, and �vetlands in a manner pursuant to and consistent with the Clean Water Act (33
USCA Section 1251, et seq.) and its implementing regulations, the Porter-Cologne Water
Quality Contro] Act(California Water Code Section ]3020, et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS
0109266 ^'�o) and any subsequent amendments thereto. (Ord. 2854 § 1, 2002; Ord. 2�97
§ 11, 1994).
14.20.020 Scope..........................................................................................................................................................................................................................................................................
This chapter shall be interpreted in accordance with the definitions set forth herein and the
provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the
city's storm water conveyance system.
Further, this chapter shall be interpreted in accordance with the requirements of the federal
Clean Water Act and acts amendatory thereof or supple»�entary thereto; applicable imp]ementing
regulations; NPDES Permit No. CAS 0109266) and any amendment, revision, or reissuance
thereof; and the purposes and intent of this chapter.
Ordinance 3348
Paee No. 3
This chapter, amone other things, pro�ides for the prohibition of non-storm �ti�ater discharges
to the storm N�ater com�e��ance svstem, the prohibition of illeeal connections to the storm water
com�evance svstem, the requirement that all persons reduce the ��olume and character of
pollutants related to urban acti��it}� entering the storm ���ater com�e��ance s}stem to the ma�:imum
extent practicable. and the establishment of enforcement mechanisms for ��iolation of this
chapter. includine civil and criminal fines and penalties. (Ord. 28�4 y 2, 2002; Ord. 2�97 § 1 l,
199�).
14.20.030 Definitions.
N'hen used in this chapter; the following terms shali ha��e the meanines ascribed to them in
this section:
A. "Basin plan' shall mean the "��'ater Qualin� Control Plan for the San Dieeo Basin"
adopted by the Resional Water Quality Control Boazd. San Dieeo Region (September 1994). and
appro��ed b}� the State Water Resources Control Boazd, together ���ith subsequent amendments.
B. "Best manaeement practices (Bn4Ps)" shall mean schedules of activities, prohibitions of
practices. eeneral eood housekeepina practices. pollution prevention and educational practices:
maintenance procedures, and other manaeement practices to pre��ent or reduce. ro the maximum
extent practicable; the discharee of pollutants directl�� or indirectl� to �i�aters of the United States.
BMPs also include treatment requirements, operating procedures, and practices to convol plant
site runoff; spillage or leal:s, sludge or ���aste disposal, or drainaee from ra�i-materials storaee.
C. "Building permit" shall mean a permit issued b�� the Building O�cial pursuant to Chapter
I�.06 CVMC.
D. "California ocean plan" shall mean the "Califomia Ocean Plan: Water Qualih� Control
Plan for Ocean Waters of California' adopted by the State �'ater Resources Convol Board in
October 2012, and any subsequent amendments.
E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted bv Public
La�� 92-�00, as amended bti� Public La�t�s 9�-217, 9�-�76, 96-483. and 9�-117 (33 USCA
Section 12�1, et seq.), and any subsequent amendments.
F. "Count�� Health Officer` shall mean the Health Officer of the Countv of San Dieeo
Department of Pubiic Health or designee. �
G. "Developmenr` shall mean:
l. The placement or erection of am� solid material or structure on land. in �vater. or
under �vater:
2. The discharge or disposal of anv dred�ed material or of an�� saseous. liquid, solid. or
thermal ���aste: �
3. The gradino. remo��ins. dredeing, mining, or estraction of anv materials:
4. A chanae in the densit�� or intensitv of the use of land. includins. but not limited to. a
subdivision pursuant to the Subdi��ision Map Act (Go�emment Code Section 66410.
e[ seq.) and an�� other division of land, escept where the di�ision of land is brought
about in connection ���ith the purchase of such land b}� a public aeenc�� for public
recreational use:
�. A chanee in the intensit�� of the use of���ater. or of access thereto:
Ordinance No. 3348
Page No. 4
6. The construction; reconstruction; demolition, or alteration of the size of any structure;
including any facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other than for agricultural purposes.
As used in this definition. "structure" includes; but is not limited to, any building, road; pipe,
flume; conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line. (Source: Government Code Section 65927.)
H. "Employee training program ' shall mean a documented employee training program for al]
persons responsible for implementing a storm water pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with storm water pollution
prevention and an oven�iew of the potential impacts of polluted storm water on the
receivine waters of the San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the
storm water conve}�ance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate
pollutant contact with storm water discharge.
1. "Endosed bays and estuaries plan" shall mean the "California Gnclosed Bays and Estuaries
Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California," adopted by the
State Water Resources Control Board September 2008, and all subsequent amendments.
J. `Enforcement agency' shall mean the City of Chula Vista or its authorized agents charged
with ensuring compliance with this chapter.
K. "Enforcement official" shall mean the Director of Public Works or his or her designee.
L. "Hazardous materials ' shall mean any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause
substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.
M. "Illegal connectiori' shall mean any physical connection to the storm water conveyance
system which has not been permitted by the City of Chula Vista or the San Diego Regional
V✓ater Quality Control Board, or N�hich drains illegal dischar�es either directly or indirectly into
the storm water conveyance s��stem.
N. `7lleeal discharge" shall mean any discharge to the storn� water conveyance system that is
not composed entireh� of storm ���ater, or is expressly prohibited by federal, state, or local
regulations, laws, codes, or ordinances; NPDES Permit No. CAS 0109266, or degrades the
quality of recei��ing waters in violation of any plan water quality objective. Discharges of
irrigation runoffto the storm water conveyance system are considered illegal discharges.
Ordinance 3348
Pase No. �
O. "Land development permir' shall mean a permit issued bv the Director of Public Works
pursuant to Chapter 1�.04 CVMC.
P. "Maximum extent practicable (MEP)" shall mean the technologv-based standard
established b}� Coneress in Clean Vdater Act Section 402(p)(3)(B)(iii) that municipal dischargers
of storm water discharees must meet. 1�4EP eenerall}� emphasizes pollution pre��ention and
source control BMPs primarily in combination ��ith treatment methods sen�ine as a backup.
Q. "National Pollutant Discharge Elimination S�rstem Permit (I��DES permir` shall mean a
permit issued b�� the Regional Warer Qualin� Control Boazd or the State N'ater Resources
Control Board, pursuant to Chapter �.�. Di��ision 7 ofthe Califomia A%ater Code. to control
dischazoes from point sources to �+•aters of the United States. including. but not limited to:
1. Califomia Regional R'ater Qualit�� Control Board. San Dieeo Region; (I�`PDES I�'o.
CAS 0109266)_ NPDES municipal permit— A%aste discharge requirements for
discharges from the municipal separate storm se��=er srstems (n4S4s) draining the
���atersheds �;�ithin the San Dieeo Reeion:
Z. NPDES Qeneral permit for storm �i�ater discharges associated ���ith industrial
activities:
3. NPDES 2eneral permit for storm ���ater dischazges associated �ith construction
activit��:
4. California Regional V�'ater Qualitv Control Board, San Dieso Reeion. general permit
for discharees of eround�vater estraction ���aste to San Dieeo Ba��tributaries thereto
under tidal influence. and storm drains or other com�eeance svstems tributan� thereto:
�. California ReQional V�'ater Qualitv Control Board. San Dieoo Region. general permit
for discharges of eround�ti�ater eatraction waste to ���ater bodies e�cept for San Dieeo
Ba��: and
6. \'PDES eeneral permit for discharges from utilit�- vaults and underground structures
to surface waters.
R. "\'on-storm ���ater discharee ' shall mean anv discharaes to or from the Storm �l%ater
Conve��ance System that is not entireh� composed of storm �vater, includine illegal discharges
and discharges allow�ed under an NPDES permit, (also see definition of"storm �aater').
S. "Pazking lot" shall mean an open area, other than a street or other public ���a.�. used for the
parking oFmotorized ��ehicles. �+�hether for a fee or free, to accommodate clients or customers, or
to accommodate residents of multifamil�� d�ti�ellings (i.e., apanments, condominiums,
to�vnhomes, mobilehomes. dormitories, group quarters. etc.).
T. "Person' shall mean any individual: oreanization. business trust company. partnership,
entit�-_ firm, association. corporation, or public agencv, including the state of California and the
United States of America.
U. "Plan ���ater quality objective ` shall mean anv or all applicable requirements of the basin
plan; the enclosed ba�-s and esmaries plan c"° ��'°�a °••-P��° ° -�'°�, and the California ocean
plan.
Ordinance No. 3348
Page No. 6
V. "Pollutant' shall mean any agent introduced to the Storm Water Conveyance System that
may cause or contribute to the degradation of water qualiTy such that a condition of pollution or
contamination is created or aggravated
As used in this definition, "pollution° means, as defined in the Porter-Cologne Water Quality
Control Act. "the alteration of the quality of the waters of the State by waste, to a degree which
unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities
that serve these beneficial uses." Pollution may include contamination.
As used in this definition. "contamination ' means, as defined in the Porter-Cologne Water
Quality Control Act, "an impairment of the quality of waters oP the State by waste to a degree
which creates a hazard to the public health through poisoning or through the spread of disease.
`Contamination' includes any equivalent effect resulting from the disposal of waste whether or
not ��aters of the State aze affected."
W. `'Premises` shall mean any building, lot, parcel, rea] estate, land, or portion of land,
whether improved or unimproved.
X. "Receiving w�aters ' shall mean °��-°°�° '��a��� �F�°°'°- waters ofthe United States, as
defined under the Clean Water Act. Recei��ing waters indude surface bodies of water that serve
as dischazge points for the Storm Water Conveyance System, such as creeks, rivers, reservoirs,
lakes, lagoons, estuaries, harbors, bays, and the Pacific Ocean.
Y. "Significant quantities` shall mean the volume, concentrations, or mass of a pollutant in a
discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely
impact human health or the environment; or cause or contribute to a violation of any water
quality standards applicable to the receiving water.
Z. "Storm water' shall mean�storm water runoff, snow melt runoff, and surface runoff
and drainage resulting from precipitation events.
For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural
state; have not been significantly disturbed or altered, either directly or indirectly, as a result of
human activity, and the character and type of pollutants naturally appearing in the runoff that
have not been significantly altered, either directly or indirectly, as a result of human activity,
shall be considered "unpolluted° and shall satisfy the definition of"storm water'' in this chapter.
AA. "Storm water conveyance system" shall mean "a Municipal Separate Srorm Sewer
System" or "MS4," which is a conveyance or system of conveyances (including roads or
drainage systems; municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains): (i) owned or operated by the City; and (ii) designated or used for collecting or
conveying storm water;
BB. "Storm water pollution prevention plan' shall mean a document which describes the on-
site program activities to utilize BMPs to eliminate or reduce pollutant dischar�es to the storm
water conveyance system to the maximum extent practicable.
A storm water pollution prevention plan prepared and implemented pursuant to any NPDES
permit shall meet the definition of a `storm water pollution prevention plan" for the purposes of
this chapter.
Ordinance 3348
Pase No. 7
CC. "V�'atercourse" shall mean anv natural or artificial stream_ river, creek, ditch. channei.
canal. conduit. culven. drain. waterwav. eulh�. ra�ine. arrovo or wash in ��hich �i�aters flow in a
definite direction or cowse. either continuousl�� or intermittentiv. and which has a definite
channel and a bed or banks. A "channel"is not limited to land covered bv minimal or ordinarv
flow but also includes land covered durine times of hieh w�ater. "Vdatercourse-` does not include
anv surface drainaee prior to its collection in a stream, river, creek. ditch. channel, canal,
conduit. culvert. drain. ���ater��av. eulh. ravine. arrovo or wash.
DD. "R%atercourse permir` shall mean a permit issued bv the Director of Public A%orks
pursuant to Chapter 14.08 CVMC.
EE. "V�'etlands ' shall mean areas that are inundated or saturated b�� surface or eround waters
at a frequenc�� and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation t��picalh� adapted for life in saturated soi) conditions.
"V�'etlands' generall�� includes sH�amps. marshes, bogs, and similaz areas. (Ord. 324�, 2012; Ord.
28�4 � 3, 2002; Ord. 2790, 1999; Ord. 2�97 § 1 l, 1994).
14.20.0�0 Administration.
_----___ _....... _.._.... -
The enforcement official shall administer, implement, and enforce the provisions of this
chapter. .Any powers aranted to. or duties imposed upon, the enforcement official ma}� be
delegated by the enforcement official to persons in the emplo}� of the cit}°; or pursuant to
contract.
R'hen deemed necessary by the enforcement official. the enforcement official shall prepaze
and preseni to the City Council for appro��al regulations and proerams consisteni ��-ith the general
policies established herein by the Cit}� Council. The enforcement official shall enforce Council-
appro��ed regulations necessan�to the administration of this chapter. and may recommend that
the Council amend such regulations and programs from time to time, as conditions require. (Ord.
28�4 § 4. 2002; Ord. 2�97 § ll. 1994).
1 d.20.100 Discharge of non-storm ��ater prohibited.
A. It is unla�iful for any person to dischazee non-storm water into the storm ��ater
conveyance s��stem, escept as provided in Chula Vista Municipal Code Section �`�
14.20.110.
B. It is unlawful for an}� person to cause either individuallv orjointlti� any discharge into or
from the storm ���ater conve��ance svstem that results in or contributes to a violation of anv
I�'PDES permit.
Liability for an} damage, abatement costs, or fines against the permit holder caused b}� such
dischaz�e shall be the responsibilitv of the person(s) causine or responsible for the discharge.
(Ord. 28�4 § �, 2002; Ord. 2�97 § 1 l, 1994).
14.20.110 Exemptions_to discharge prohibition_ _ __
The followins discharges are exempt from the prohibition set forth in CVMC 14?0.100;
pro��ided. that the�� do noL (1) cause or significantl�� contribute to violations ofthe �i-ater qualiti�
standazds set forth in an}' plan water quality objective_ (2) convey sionificant quantities of
pollutants to receivine waters, or (3) cause a danger to public health and safem:
Ordinance No. 3348
Page No. 8
A. Any discharge or connection to the Storm Water Conveyance System that is regulated
under an NPDES permit issued to the discharger and administered by the State of California
pursuant to Chapter 5.5, Division 7 of the California Water Code is allowed; provided that the
discharger is in compliance��ith all requirements of the NPDES permit and other applicable laws
and regulations.
B. Non-storm water discharges to the Storm Water Conveyance System from the following
categories are allowed if t6e discharger obtains coverage under NPDES permit No, CAG919001,
NPDES permit No. CAG919002 or any successor permits for discharges of groundwater.
Otherwise, they will be considered illegal discharges:
1. discharges from uncontaminated pumped groundwater;
2. discharges from foundation drains when the system is designed to be located at or
below the groundwater table to actively or passively extract groundwater during any
part of the year;
3. discharges from crawl space pumps; and
4. discharges from footing drains when the system is designed to be located at or below
the ground��ater table to actively or passively extract goundwater during any part of
the yeaz.
C. Non-storm water discharges to the Storm Water Conveyance System #kS4from water
line flushing and water main breaks are allowed if the dischargers have coverage under NPDES
permit No. CAG679001 or any successor permits, and the discharger is in compliance with all
requirements of that NPDES permit and other applicable laws and regulations. Discharges to the
Storm Water Conveyance System �u1�-from recycled or reclaimed water lines are allowed if the
discharger have coverage under an NPDES permit, and the dischazger is in compliauce with all
requirements of that NPDES pennit and other applicable laws and regulations. Otherwise,
discharges from water lines are illegal discharges,
D. Non-storm water discharges to the Storm Water Conveyance System from the following
categories are allowed, unless the City identifies the discharge as a source of pollutants to
receiving waters, in which case the discharge is considered an illegal discharge:
l. discharges from diverted stream flows;
2. discharges from rising groundwater;
3. discharges from uncontaminated groundwater infiltration to the Storm Water
Conveyance System;
4. discharges from springs;
�. discharges from riparian habitats and wetlands;
6. discharges from potable water sources, except t]�at irrigation runoff discharges are
considered illegal discharges and aze prohibited;
7. discharges from foundation drains when the system is designed to be located above the
groundwater table at all times of the year, and the system is only expected to discharge
non-storm water under unusual circumstances; and
8. dischazges from footing drains when the system is designed to be located above the
groundwater table at all times of the year, and the system is only expected to discharge
non-storm water under unusual circumstances.
Ordinance 3348
Paee\'o. 9
E. Non-storm ���ater dischaz¢es to the Storm �\�ater Convevance Svstem from the followine
categories aze allo���ed if the�� aze addressed N�ith BMPs as set forth in the Jurisdictionai Runoff
Manaeement Proeram:
1. Air conditionine condensation
2. Individual residential ��ehicle ti�ashine, e�cept that non-commercial caz «�ashes, such
as fundraisers and other similar acti��ities, are prohibited; and
3. V1'ater from swimming pools
Otherwise. said discharses aze iileaal dischazees.
F. Non-storm ���ater dischazees from firefishtins acti��ities are allo�ved if the�� are addressed
as follo���s: � �
1. Non-emergencv firefightine discharees, includine buildine fire suppression s}�stem
maintenance discharges such as sprinkler line flushine. controlled or practice blazes,
training, and other maintenance acti��ities shall be addressed by BMPs as set forth in
the Jurisdictional Runoff Management Program to prevent the discharge of pollutants
to the Storm Water Com�e��ance Svstem.
2. BMPs are encouraged to pre��ent pollutants from entering the Storm V�'ater
Con��e��ance Svstem during emereenc�� firefishting dischazges. During emereencies,
priority of efforts should be directed to��-ard life, propert}�, and the environment (in
descendins order). BMPs shall not interfere ti�ith emergenc}� response operations or
impact public health and safety.
G. Any discharee �vhich the enforcement aeency, the Count}� Health Officer. the Re�ional
Water Quality Control Board and/or the U.S. Em�ironmental Protection Agenc}� determines in
H�riting is necessan' for the protection of the public health and safetv. (Ord. 324�. 2012: Ord.
3103 § 1, 2008; Ord. 28�4 § 6; 2002; Ord. 2�97 � 1 l, 1994).
1410.120 Reduction of pollutants contacting or entering storm �vater required._
Any person engaged in activities �vhich ma�� result in pollutants enterine the storm water
con��evance system shall. to the maximum extent practical. undertal:e all measures to reduce the
risk oF illegal discharees. The follo���ine requirements shall appl}�:
A. Best Management Practices [mplementation. It is unla���ful for an�� person not to compl}�
���ith BMPs and pollution control requirements established by the cit}� or other responsible
aeenc}� to eliminate or reduce pollutants enterine the cit��`s storm ���ater convevance s��stem.
BMPs shall be complied ���ith throughout the life of the acti��it��.
B. Storm l�'ater Pollution Prevention Plan. VJhen the enforcement official determines that a
business or business-related activin� causes or ma�� cause an illeeal dischazee to the storm water
com�e}�ance system, then the enforcement official ma�• require the business to de��elop and
implement a storm �vater pollution pre��ention plan (S�ITPPP). Businesses �vhich ma�� be required
to prepaze and implemeni a SV�'PPP include, but are not limited to, those �+�hich perform
maintenance, storage, manufacmring, assembl��, equipment operations, vehicle loading, and/or
cleanup activities partiall}� or ���holl�� out of doors.
C. Coordination w�ith Hazardous �4a[erials Response Plans and In��enton�. r1m� ac[i��it��
subject to the hazardous materials im�entorv and response program; pursuant to Chapter 6.9� of
Ordinance No. 3�48
Page No. 10
the California Health and Safety Code, shall include provisions for compliance with this chapter
in its hazardous materials response plan, including prohibitions of unlawful non-storm water
discharges and illegal discharges, and provisions requiring tl�e use of BMPs to reduce the
dischazge of pollutants in storm water.
D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface
(including, but not limited to; service station pavements or paved private streets and roads) used
for automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to
the city`s storm water conveyance system. Sweepings or cleaning residue from parking lots or
impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water
conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste
procedures and practices.
E. Compliance with NPDES Permit for Storm Water Discharges. Each dischazger subject to
any NPDES permit for storm water discharges shall comply with all requirements of such
permit (Ord. 28�4 § 7, 2002; Ord. 2597 § 1 l, 1994).
14.20.125 Additional planning, design, construction, and post-construction requirements
for all land de�elopment and redevelopment projects.
-
The City of Chula Vista Best Management Practices Design Manual (BMP Design Manual)
is a part of this chapter and is incorporated by reference as though set forth in full in this chapter.
No land owner or development project proponent in the City of Chula Vista shall receive any
city permit or approval for land development activity or significant redevelopment activity unless
the project meets or N�ill meet the requirements of this chapter and the BMP Design Manual.
1�.20.130 Containment, cleanup, and notification of spills.
It is unlawful for any person o�°ning or occupying any premises ��ho has knowledge of any
release of significant quantities of materials; pollutants, or waste which may result in pollutants
or non-storm ti�ater discharges entering the City's storn� water conveyance system to not
immediately take all reasonable action to contain, minimize, and clean up such release. Such
person shall notify the City of Chula Vista of the occurrence and/or the County of San Diego
DepaRment of Health Services/Environmental Health Services Hazardous Materials
Management Division, and any other appropriate agency of the occurrence as soon as possible,
but no later than 24 hours from the time of the incident's occurrence. (Ord. 2597 § 11; 1994).
14.20.140 �1'atercourse protection.
- _...... _..._.
In addition to the prohibitions relating to watercourses and the requirements for watercourse
permits set forth in Chapter 14.08 CVMC, it is unlaw�ful for any person owning and/or occupying
property through which a N�atercourse passes to fail or refuse to:
A. Keep and maintain that part of the watercourse within the property free of trash; debris,
and other obstacles which would pollute, contaminate, or significantly retard the flow of H�ater
through the watercourse.
Ordinance 3348
Pase I�'o. 11
B. b4aintain e�isting pri��ateh�ow�ned structures �+�ithin or adjacent to a N�atercourse so that
such structures H�ill not become a hazard to the use. function, or ph}�sical integrirv of the
watercourse.
C. Keep and maintain health�• bank veeetation in such a manner as to minimize the
�vinerabilin� of the «�atercourse to erosion. (Ord. 2�97 � 11, 1994).
14.201�0 Development in or adjacent to ��atercourse restricted — Land decelopment,
buildina or�ratercourse permit required.
. ..._..._-r„ ........_. _........
No person shall cam� out development «�ithin 30 feet of the centerline of anv ���atercourse or
�+�ithin 20 feet of the edee of an}� µ=atercourse, ���hiche��er is the �reater distance from the top of
the creek banl:, unless a land de��elopment, buildina. or ��atercourse permit has first been
obtained. 7he Cit�� officer issuino said permit is hereb} granted the authorit� to establish controls
on the volume and rate of storm ��ater runoff from such ne�i development as mav be reasonable
and appropriate to minimize the dischazee and transpon of pollutants to the matimum extent
practicable in the granting or conditioning the 2rar�ting of such permit (Ord. 2�97 § 11, 199�).
1�.20.160 ille�al connection prohibited.
It is unla�ti�fui for an�� person to establish, use, or maintain an} illegal connection to ihe storm
�vater con��e}�ance s��stem, regazdless of Nhether such connection was made under a permit or
other au[horization or��'hether permissible under the la�v or practices applicable or prevailine at
the time of the connection, escept as authorized in C\'MC 1�?0.] 10(A). (Ord. 28�4 � 8, 2002).
1�.20.170 Proof of compliance required. _ __
Proof of compliance �vith this chapter may be required in a form acceptable to the cin� prior
to or as a condition of a subdivision map, site plan, de��elopment improvement plan. buildine
permit, grading permit or an}� other permit or activit�� ���hich mav affect the storm water
com�e��ance system and/or the ��-aters entering it. Proof of compliance shall be furnished upon
request of the enforcement official. (Ord. 28�4 � 9. 2002).
14.20.200 Inspection and sampling —General.
A. Afrer obtaining legal entrv to an}� premises in accordance �vith CVMC 1.16.010 or b}�
consent, the representative of the enforcement agency shall have the right to:
l. Cam� out an�� inspection and sampline acti��ities on the premises as ma�� be necessan�
to enforce the provisions and requirements of this chapter. Upon request, split
samples shall be given to the owner and/or occupant of the premises.
2. Inspect any ��ehicle on the premises reasonablv suspected of causina. contributing to.
or being used to transport an illeeal discharge to the storm �i�ater come}�ance s��stem.
3. Conduct tests, anal}�ses and evaluations to determine if a discharge of storm w�ater is
an illegal discharge or to determine if the requirements of this chapter ha��e been met.
4. Photograph an�� effluent stream. material or waste. material or waste container.
container label, vehicle, �vaste treatment process. ���aste disposal site, or condition
contributing to storm water pollution and constitutine a ��iolation of this chapter found
durine an inspection.
Ordinance No. 3�48
Page No. 12
5. Inspect and copy pertinent records relating to the facility's operations, including
inventories, chemical usage, materials, sources, hazardous materials manifests and
disposal records, treatment and operations log books, and materials im�oices.
6. Review and obtain a copy of the stonn water pollution prevention plan prepared by
the o�mer and/or occupant or facility operator, if such a plan is required.
7. Require the oNmer and/or occupant or facility operator to retain evidence, as
instructed by the inspector, for a period not to exceed 30 days.
8. Review and obtain copies of all storm water monitoring data compiled by the owner
and/or occupant or facilit�� operator, if such �nonitoring is required.
9. Review and obtain copies of all records related to handling of pollutants and
hazardous materials.
B. The enforcement official may conduct routine or area inspections, which shall be based
upon such reasonable selection processes as may be deemed necessary to carry out the objectives
of this chapter, including, but not limited to, random sampling or sampling in areas with
e��idence of storm water contamination, illegal dischazges, discharge of non-storm water to the
storm water com�eyance system; or similar factors.
C. All enforcement officials shall have adequate identification. Enforcement officials and
other authorized personnel shall identify themselves when entering any property for inspection
purposes or when inspecting the ��ork of any contractor. (Ord. 2854 § ]0, 2002; Ord. 2597 § 11,
1994).
14.20.210 Inspection procedures Additional reqwrementti
_..... _.__.. . _.. _..
During the inspection, the enforcement official shall comply with all reasonable security.
safety, and sanitation measures. In addition, the enforcement official shall comply H�ith
reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection. and prior to leaving the site, the enforcement official
shall make every reasonable effort to review H�ith the owner and/or occupant or the facility
operator each of the ��iolations noted by the enforcement official and any corrective actions that
may be necessary. A report listing any violation found by the enforcement official during the
inspection shail be kept on file by the enforcement agency. A copy of the report shall be
provided to the owner and/or occupant or facility operator; or left at the premises if no person is
available. If corrective action is required,- then the occupant, facility owner, and/or facility
operator shall implement a plan of corrective action based upon a written plan of correction,
submitted to the enforcement agency, which states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a �-iolation of
this chapter. (Ord. 2�97 � ] l; 1994).
14.20.220 Authorit}'_to sample and_establish sampling devices.
With the consent of the property owner or occupant or pursuant to an inspection warrant, the
enforcement official is authorized to establish on any properiy that discharges directly or
indirectly to the municipal storm water conveyance system such devices as are necessary to
conduct sampling or metering operations. During al] inspections as provided herein, the officia]
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
Ordinance 3348
Paee No. 13
of the inquin� or in the recordation of the activities on-site. (Ord. 28�4 § 1 I. 2002; Ord. 2>97
§ I1, ]994).
14.20.230 7 esting, monitoring or mitigatiou required — �i'hen.
A. The enforcement official may require that an�� person eneaeed in anv acticiri and/or
oH�nine or operating an�� facilit�� ��hich causes or ma}` contribute to storm water pollution or
contamination, illeeal discharges, and/or discharee of non-storm �ti°ater to the stortn .iater
com�e��ance s��stem perform monitorins. including ph}�sical and chemical monitoring and/or
anal��ses. and furnish reports as the enforcement official mar specifi, if:
l. The person, or facilit}� o��mer or operator. fails to eliminate illeeal dischazees �vithin a
specified time afrer receivins a «ritten notice to do so b��the enforcement official: or
2. The enforcement official has documented repeated violations of this chapter b}�the
person or facilitv o��mer, or operator. ���hich ha�e caused or contributed to storm ���ater
pollution.
[t is unlaN�ful for such person or facility o��mer or operator to fail or refuse to undertake and
pro��ide the monitoring, anal��ses, and/or reports specified. Specific monitoring criteria shall bear
a relationship to the t��pes of pollutants «�hich ma�- be generated b�� the person`s activities or the
facilitv's operations. If the enforcement agencv has evidence that a pollutant is orieinatino from
a specific premises, then the enforcement aeenc�� ma}� require monitorine for that pollutant
regardless of w�hether said pollutant ma�� be generated b�� routine activities or operations. The
person or facility o�imer or operator shall be responsible for all costs of these acti�ities. analyses
and reports.
B. Any persons required to monitor, pursuant to subsection (A) of this section, shall
implement a storm ���ater monitorins pro�ram including. but not limited to. the follo��ine:
1. Routine ��isual monitorins for drv �aeather flo�i-s:
2. Routine ��isua] monitorine for spills �vhich maq pollute storm water runoff;
3. A monitorine loe includine monitorine date, potential pollution sources. as noted in
subsections (B)(1) and (2) of this section, and a description oFthe mitieation
measures tal;en to eliminate any potential pollution sources.
C. If testing, monitorine or mitisation required pursuant to this chapter is deemed no loneer
necessary b�� the enforcement official. then any or all of the requirements contained in
subsections (A) and (B) of this section ma�� be discontinued.
D. A storm water monitorine pro�ram prepared and implemented pursuant to anv 1�TpDES
permit shall be deemed to meet the requirements of a monitorine program for the purposes of
this chapter. All monitorine data and anah�tical e��aluation/assessment reports required by such a
permit shall be submitted to the cit�� at the same time the data and reports are submitted to the
Reeional Vdater Qualit�� Control Board. (Ord. 28�4 § 12. 2002: Ord. 2�97 § 11, 1994).
1�.20.300 Concealment.
_..—.._..............._................._......_..._............................................................_...._................................._..................................._—.._......................................................................----
Causing; permitting; aiding, abetting or concealine a ��iolation of an}� pro��ision of this
chapter is unlawful and shall constitute a separate violation of this chapter. (Ord. 2�97 § 11.
1994).
Ordinance No. 3348
Page No. 14
14.20.310 Administrative enforcement powers.
The enforcement agency and enforcement official can eaercise any enforcement powers as
provided in CVMC Title L In addition to the general enforcement powers provided in CVMC
Title l, the enforcement agency and enforcement officia] have the authority to utilize the
following administrative remedies as may be necessary to enforce this chapter:
A. Cease and Desist Orders. When the enforcement official finds that an illegal discharge has
or is likely to occur or an illegal connection is in place, the enforcement official may issue an
order to cease and desist such discharge, practice, or operation likely to cause such discharge and
direct that those persons not complying shall:
l. Comply with the applicable provisions and policies of this chapter;
Z. Comply ��ith a time schedule for compliance, which may consist of a duty to cease
and desist immediately; and
3. Take appropriate remedial or preventive action to prevent the violation from
recumng.
B. Notice to Clean and Abate. Whenever the enforcement official finds any oil, earth, dirt,
grass, weeds, dead trees, tin cans, rubbish; refuse; waste or any other material of any kind in or
upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or
grounds, which ma}�result in an increase in pollutants entering the city's storm water
conveyance system or a non-storm water discharge to the city's storm water conveyance system,
the enforcement official may issue orders and give written notice to remove same in any
reasonable manner. The recipient of such notice shall undertake the activities as described in the
notice.
C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority
to establish elements of a storm water pollution prevention plan, and to require any owner or
occupier of an}� premises to adopt and implement such a plan, pursuant to CVMC 14?0.120(B).
as may be reasonably necessarv to fulfill the purposes of this chapter.
D: Employee Training Progam. The enforcement official shall have the authority to establish
elements of an employee training program, as may be necessary to fulfill the purposes of this
chapter, where such a program has been required as an element of a storm water pollution
prevention plan.
E. Best Management Practices. The enforcement official may establish the requirements of
BMPs for any premises pursuant to CVMC 14.20.20(A).
F. Civil Penalties. Notwithstanding any other provisions of the municipal code. a person N�ho
violates any of the provisions of this chapter or who fails to implement a storm water monitoring
plan, ��iolates any cease and desist order or notice to clean and abate; or fails to adopt or
implement a storm water pollution prevention plan as directed by the enforcement official shall
be liable for a ci��il penalty not to exceed $10,000 for each day such a violation e�ists. The
violator shall also be charged for the full costs of any im�estigation; inspection, or monitoring
surve}� which led to the detection of any such violation; for abatement costs; and for the
reasonable costs of preparing and bringing legal action under this subsection. In addition to any
other applicable procedures; the enforcement agency ma�� utilize the lien procedures of Chapter
Ordinance 3348
Page No. 1�
130 CVMC to enforce the ��iolator`s liabilin�. The ��iolator mav also be liable for compensatory
damages for impairment. loss or destruction to ���ater qualin-, �vildlife. fish and aquatic life.
G. Administrative Citations. I�'otti�ithstanding anv other pro��ision of the municipal code. a
person ���ho �iolates an}� provision of this chapter or disobe��s an enforcement order ma}� be
issued an administrati��e citation by the enforcement official requirine immediate corrective
action and imposing an administrati��e fine in an amount as set fonh in CVMC 1.�1.100(D)(1).
(Ord. 28�4 § 13, 2002; Ord. 2�97 y ll, 1994).
14.20.320 Administrati��e notice, hearing, and appeal procedures. _
A. Sen�ice. Unless other���ise pro��ided herein, anv order. notice of��iolation, or other notice
required to be given b�� the enforcement official under this chapter shall be in ���riting and sen�ed
in accordance H�ith CVMC 1.40.030.
B. Notice Contents. Not���ithstandino an�� other pro��ision of the municipal code, �ti�hen the
enforcement official determines that a violation of one or more pro��isions of this chapter exists
or has occurred, any violator(s) ma}� be served ti�ith a ���ritten notice of violation and order. The
notice and order shall state the municipal code section violated. describe how��iolated. the
location, date(s) and time(s) of the ��iolation(s), and describe the correcti��e action required. The
notice and order ma�� require immediate correcti��e action b}� the ��iolator(s) and e�plain which �
method(s) of enforcement the cit�� is utilizine. The notice and order shall e�plain the
consequences of failing to comply. Finall��, the notice and order shall identifi- all hearing/appeal
riehts and specif}� the issuing officer.
C. Hearings and Appeals. Not�i�ithstanding an}� other provision of the municipal code, a
violator mav request a hearing to contest the enforcement official's determination that a violation
has occurred. Such request must be in ���ritins and recei�ed b}� the city within ]0 calendar da��s of
sen�ice of the notice of��iolation (or 30 calendar da}�s for out-of-state residents) in a form
approved by the enforcement official. If the cit}� does not recei��e such a ���ritten request within
10 calendar days (or 30 calendaz da��s for out-of-state residents), it shall constimte a ���aiver of
the rieht to a hearing and adjudication of all or an�� portion of the notice and order. Once a
request for hearine is recei��ed. the hearing shall be conducted pursuant to CVh4C 1.40.020(B)
throueh (I) and 1.�0.070. If the ��iolator(s) fails to attend the hearing, it shall constitute a waiver
of the right to a hearing and adjudication of all or am� portion of the notice and order. (Ord. 28�4
, �a, ?oo?; ora. ?s9� § � i. �99a�.
1d.20.330 Judicial enforcement.
A. Criminal Penalties. I�'otwithstandine CVn4C 1?0.010. an�=person who �iolates an}�
provision of this chapter or who fails to implement a storm water monitoring plan, violates anv
cease and desist order or notice to clean and abate, or fails ro adopt or implement a storm ��-ater
pollution pre��ention plan as directed bq the enforcement official shall be punished. upon
con��iction. b�• a fine not to esceed �10.000 for each da�� in ���hich such violation occurs. or
imprisonment in the San Diego Count��jail for a period not to e�ceed one ��eaz. or both.
B. Injunction/Abatement of Public Nuisance. Whene��er a dischazge into the storm ���ater
convevance s��stem is in �-iolation of the pro��isions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance: the enForcement official ma�� also
cause the cit}• to seek a petition to the superior court for the issuance of a preliminan� or
Ordinance No. 3348
Page No. 16
permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in
restraining the continuance of such discharge.
C. Other Civil Action. Whenever a notice and order or hearing officer's decision is not
complied with, the city attorney may, at the request of the enforcement official, initiate any
appropriate civil action in a court of competent jurisdiction to enforce such notice and order and
decision, including the recovery of any unpaid storm drain fees and/or civil penalties provided
herein. (Ord. 2597 § 11, 1994).
14.20.3�0 Violations deemed._a...P...ublic quisance...............................................................................................................................,.................................
ln addition to the other civil and criminal penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to the public
health, safety, and welfare and is declared and deemed a public nuisance, which may be
summarily abated and/or restored as direcfed by the enforcement official in accordance with the
procedures identified in this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoiu or
otherwise compel the cessation of such nuisance may also be taken by the city, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of the propert}�,
and the cost thereof shall be a lien upon and against the property in accordance with the
procedures set forth in Chapter l 30 CVMC. (Ord. 2854 § 15, 2002; Ord. 2597 § 11, 1994).
14.20.350 Remedies not ezclusi��e.
Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and
criminal penalties provided by law, including, but not limited to, penalty provisions of the
federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The seeking
of such federal and/or state remedies shall not preclude the simultaneous commencement of
proceedings pursuant to this chapter. (Ord. 2597 § 11, 1994).
14.20.360 Civ�l penalties to be deposited in the storm drain revenue fuod.
_. . .. ......_.. . ...............
Any civil penalties collected by the city as a result of violations of this chapter shall be
deposited in the storm drain revenue fund. (Ord. 2597 § ll, 1994).
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid; unenfarceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional.
Ordinance 3348
Paee No. 17
Section III. Construction
The Cih� Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
liaht of thac intent.
Section IV. Effective Date
This Ordinance shall tal:e effect and be in force on the thirtieth day after its final passage.
Section V. Publicatiou
The Cit�� Clerk shall certifi� to the passaee and adoption of this Ordinance and shall cause
the same to be published or posted according to la���.
Presented b}� Approved as to form b��
Richard A. Ho cins len R.Googins �1 •
Director of Public� 'orks Cit�&uomey
Ordinance No. 3348
Page No. 18
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California this 14th day of Julv 2015, by the following vote:
AYES: Councilmembers: Aguilaz,Bensoussan, McCann, Miesen and Salas
I�'AYS: Councilmembers: None
ABSENT: Councilmembers: None
�
� �
Mary Sal , Mayor
ATTEST:
Donna R. Norris; MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3348 had its first reading at a regular meeting held on the 16th day of June 201�
and its second reading and adoption at a regular meeting of said City Council held on the 14th
day of July 201�; and �-as duly published in summary form in accordance with the requirements
of state law and the City Chaner.
�- Z���s � � ,��
Dated Donna R. Norris, CMC, City Clerk