HomeMy WebLinkAboutOrd 2008-3103
ORDINANCE NO. 3103
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 14.20.110 OF THE CHULA VISTA MUNICIPAL
CODE AND ADDING SECTION 14.20.125 RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE
CONTROL"
WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CVMC) Chapter
14.20 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of projects; and
WHEREAS, adding Section 14.20.125 to the CVMC incorporates, by reference, the
City's Development Storm Water Manual, January 2008 into the Storm Water Management and
Discharge Control Ordinance.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 14.20.110 of the Chula Vista Municipal Code is amended to read as
follows:
Chapter 14.20
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
14.20.010 Purpose and intent.
14.20.020 Scope.
14.20.030 Definitions.
14.20.040 Administration.
14.20.100 Discharge of non-storm water prohibited.
14.20.110 Exemptions to discharge prohibition.
14.20.120 Reduction of pollutants contacting or entering storm water required.
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Page 2
] 4.20.] 25 Additional Planning, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects.
] 4.20.130 Containment, cleanup, and notification of spills.
]4.20.]40 Watercourse protection.
]4.20.] 50 Development in or adjacent to watercourse restricted - Land development, building,
or watercourse permit required.
] 4.20.] 60 Illegal connection prohibited.
] 4.20.] 70 Proof of compliance required.
] 4.20.200 Inspection and sampling - General.
] 4.20.2] 0 Inspection procedures - Additional requirements.
]4.20.220 Authority to sample and establish sampling devices.
]4.20.230 Testing, monitoring or mitigation required - When.
]4.20.300 Concealment.
] 4.20.3] 0 Administrative enforcement powers.
]4.20.320 Administrative notice, hearing, and appeal procedures.
]4.20.330 Judicial enforcement.
] 4.20.340 Violations deemed a public nuisance.
]4.20.350 Remedies not exclusive.
] 4.20.360 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 to 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,
water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33
USCA Section ]25], et seq.) and its implementing regulations, the Porter-Cologne Water
Quality Control Act (California Water Code section 13020, et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS
0]08758) and any subsequent amendments thereto.
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 supplementary thereto; applicable implementing
regulations; NPDES Permit No. CAS 0108758 and any amendment, revision, or reissuance
thereof; and the purposes and intent of this chapter.
This chapter, among other things, provides for the prohibition of non-storm water discharges
to the storm water conveyance system, the prohibition of illegal connections to the storm water
conveyance system, the requirement that all persons reduce the volume and character of
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Page 3
pollutants related to urban activity entering the storm water conveyance system to the maximum
extent practicable, and the establishment of enforcement mechanisms for violation of this
chapter, including civil and criminal fines and penalties.
14.20.030 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in
this section:
A. "Basin plan" shall mean the "Comprehensive Water Quality Control Plan for the San Diego
Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September
1994), and approved by the State Water Resources Control Board, together with subsequent
amendments.
B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce, to the maximwn
extent practicable, the discharge of pollutants directly or indirectly to waters of the United States.
BMPs also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
e. "Building permit" shall mean a permit issued by the building official pursuant to Chapter
15.20 CYMe.
D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan
for Ocean Waters of California" adopted by the State Water Resources Control Board in July,
2005, and any subsequent amendments.
E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public
Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
Section 1251, et seq.), and any subsequent amendments.
F. "County health officer" shall mean the health officer of the County of San Diego
Department of Public Health or designee.
G. "Development" shall mean:
I. The placement or erection of any solid material or structure on land, in water, or under
water;
2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited to, a
subdivision pursuant to the Subdivision Map Act (Government Code section 66410, et seq.) and
any other division of land, except where the division of land is brought about in connection with
the purchase of such land by a public agency for public recreational use;
5. A change in the intensity ofthe use of water, or of access thereto;
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,
flwne, 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 all
persons responsible for implementing a storm water pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
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I. Laws, regulations, and local ordinances associated with storm water pollution prevention,
and an overview of the potential impacts of polluted storm water on the receiving 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 conveyance 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.
r. "Enclosed bays and estuaries plan" means the "California Enclosed Bays and Estuaries Plan:
Water Quality Control Plan for the Enclosed Bays and Estuaries of California," adopted by the
State Water Resources Control Board on November 16, 1995, 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 connection" 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
Water Quality Control Board, or which drains illegal discharges either directly or indirectly into
the storm water conveyance system.
N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is
not composed entirely of storm water, or is expressly prohibited by federal, state, or local
regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0108758, or degrades the
quality of receiving waters in violation of any plan water quality objective.
O. "Inland surface water plan" means the "California Inland Surface Waters Plan: Water
Quality Control Plan for Inland Surface Waters of California" adopted by the State Water
Resources Control Board on April 1991, and all amendments thereto.
P. "Land development permit" shall mean a permit issued by the Director of Engineering and
General Services pursuant to Chapter 15.04 CVMC.
Q. "Maximum extent practicable (MEP)" shall mean the technology-based standard
established by Congress in Clean Water Act Section 402(P)(3)(B)(iii) that municipal dischargers
of storm water discharges must meet. MEP generally emphasizes pollution prevention and
source control BMPs primarily in combination with treatment methods serving as a backup.
R. "National Pollutant Discharge Elimination System (NPDES) permit" shall mean a permit
issued by the Regional Water Quality Control Board or the State Water Resources Control
Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges
from point sources to waters of the United States, including, but not limited to:
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1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS
0108758), NPDES municipal permit - 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, the San Diego Unified
Port District, and the San Diego Count Regional Airport Authority
2. NPDES general permit for storm water discharges associated with industrial activities;
3. NPDES general permit for storm water discharges associated with construction activity;
and
4. California Regional Water Quality Control Board, San Diego Region, general dewatering
permits.
S. "NPDES general permit" shall mean a permit issued by the State Water Resources Control
Board, including, but not limited to:
I. NPDES general permit for storm water discharges associated with industrial activities;
and
2. NPDES general permit for storm water discharges associated with construction activity.
T. "Non-storm water" shall mean any water conveyed to the storm water conveyance system
that is not entirely composed of storm water (also see definition of "storm water").
U. "Parking lot" shall mean an open area, other than a street or other public way, used for the
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or
to accommodate residents of multifamily dwellings (i.e., apartments, condominiums,
townhomes, mobilehomes, dormitories, group quarters, etc.).
V. "Person" shall mean any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the state of California and the
United States of America.
W. "Plan water quality objective" means any or all applicable requirements of the basin plan,
the enclosed bays and estuaries plan, the inland surface water plan, and the California ocean
plan.
X. "Pollutant" may include, but is not limited to, solid waste, sewage, garbage, medical waste,
wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment,
industrial waste, and any organic or inorganic contaminant whose presence degrades the quality
of the receiving waters in violation of basin plan or California ocean plan standards. "Pollutant"
includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic
carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC),
lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides.
A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2
and any contaminant which degrades the quality of the receiving waters in violation of basin plan
or California ocean plan standards by altering any of the following parameters: pH, total
suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand
(COD), nutrients, and temperature.
Y. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land,
whether improved or unimproved.
Z. "Receiving waters" shall mean surface bodies of water, as described in NPDES Permit No.
CAS 0108758, which serve as discharge points for the storm water conveyance system,
including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific
Ocean.
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AA. "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.
BB. "Storm water" shall mean urban runoff and snow melt runoff consisting of only those
discharges which originate from precipitation events. Storm water is that portion of precipitation
that flows across a surface to the storm water conveyance system or receiving waters.
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.
CC. "Storm water conveyance system" means those municipal, private and/or natural facilities
within the City of Chula Vista by which storm water may be conveyed to waters of the United
States, including any roads with drainage systems, municipal streets, catch basins, and
watercourses.
DD. "Storm water pollution prevention plan" shall mean a document which describes the on-
site program activities to utilize BMPs to eliminate or reduce pollutant discharges 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.
EE. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a
definite direction or course, either continuously or intermittently, and which has a definite
channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary
flow but also includes land covered during times of high water. "Watercourse" does not include
any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, arroyo or wash.
FF. "Watercourse permit" shall mean a permit issued by the director of Engineering and
General Services pursuant to Chapter 14.08 CVMC.
GG. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
"Wetlands" generally includes swamps, marshes, bogs, and similar areas.
14.20.040 Administration.
The Enforcement Official shall administer, implement, and enforce the provisions of this
chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be
delegated by the enforcement official to persons in the employ of the City, or pursuant to
contract.
When deemed necessary by the Enforcement Official, the Enforcement Official shall prepare
and present to the City Council for approval regulations and programs consistent with the general
policies established herein by the City Council. The Enforcement Official shall enforce Council-
approved regulations necessary to the administration of this chapter, and may recommend that
the Council amend such regulations and programs from time to time, as conditions require.
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14.20.100 Discharge of non-storm water prohibited.
A. It is unlawful for any person to discharge non-storm water into the storm water conveyance
system, except as provided in CVMC 14.20.110.
B. It is unlawful for any person to cause either individually or jointly any discharge into or
from the storm water conveyance system that results in or contributes to a violation of any
NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder
caused by such discharge shall be the responsibility of the person(s) causing or responsible for
the discharge.
14.20.110 Exemptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in CVMCI4.20.100;
provided, that they do not cause or significantly contribute to violations of the water quality
standards set forth in any plan water quality objective or convey significant quantities of
pollutants to receiving waters, or are a danger to public health and safety:
A. Any discharge or connection 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; provided, that the discharger is in compliance with all requirements of the permit
and other applicable laws, and regulations, and programs.
B. Discharges from the following activities will not be considered a source of pollutants to
waters of the United States:
I. Diverted steam flows;
2. Rising Ground Water;
3. Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005(20)] to MS4s;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
II. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources not subject to NPDES Permit No. CAG679001,
other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing; and
17. Dechlorinated swimming pool discharges.
C. Any discharge which the enforcement agency, the County Health Officer, the Regional
Water Quality Control Board and/or the U.S. Environmental Protection Agency determines in
writing is necessary for the protection of the public health and safety.
14.20.120 Reduction of pollutants contacting or entering storm water required.
Any person engaged in activities which may result in pollutants entering the storm water
conveyance system shall, to the maximum extent practical, undertake all measures to reduce the
risk of illegal discharges. The following requirements shall apply:
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Page 8
A. Best Management Practices Implementation. 1t is unlawful for any person not to comply
with BMPs and pollution control requirements established by the City or other responsible
agency to eliminate or reduce pollutants entering the City's storm water conveyance system.
BMPs shall be complied with throughout the life of the activity.
B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a
business or business-related activity causes or may cause an illegal discharge to the storm water
conveyance system, then the enforcement official may require the business to develop and
implement a storm water pollution prevention plan (SWPPP). Businesses which may be required
to prepare and implement a SWPPP include, but are not limited to, those which perform
maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or
cleanup activities partially or wholly out of doors.
C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject
to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of 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 the use of BMPs to reduce the
discharge 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 discharger subject to
any NPDES permit for storm water discharges shall comply with all requirements of such
permit.
14.20.130 Containment, cleanup, and notification of spills.
1t is unlawful for any person owning or occupying any premises who has knowledge of any
release of significant quantities of materials, pollutants, or waste which may result in pollutants
or non-storm water discharges entering the City's storm 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
Department 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 ofthe incident's occurrence.
14.20.140 Watercourse protection.
In addition to the prohibitions relating to watercourses and the requirements for watercourse
permits set forth in Chapter 14.08 CVMC, it is unlawful for any person owning and/or occupying
property through which a watercourse 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 water
through the watercourse.
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B. Maintain existing privately owned structures within or adjacent to a watercourse so that
such structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
C. Keep and maintain healthy bank vegetation in such a manner as to minimize the
vulnerability of the watercourse to erosion.
14.20.150 Development in or adjacent to watercourse restricted - Land development,
building, or watercourse permit required.
No person shall carry out development within 30 feet of the centerline of any watercourse or
within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of
the creek bank, unless a land development, building, or watercourse permit has first been
obtained. The City Officer issuing said permit is hereby granted the authority to establish
controls on the volume and rate of storm water runoff from such new development as may be
reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum
extent practicable in the granting or conditioning the granting of such permit.
14.20.160 I1Iegal connection prohibited.
It is unlawful for any person to establish, use, or maintain any illegal connection to the storm
water conveyance system, regardless of whether such connection was made under a permit or
other authorization or whether permissible under the law or practices applicable or prevailing at
the time of the connection, except as authorized in CYMC 14.20.lIO(A).
14.20.170 Proof of compliance required.
Proof of compliance with this chapter may be required in a form acceptable to the City prior to
or as a condition of a subdivision map, site plan, development improvement plan, building
permit, grading permit or any other permit or activity which may affect the storm water
conveyance system and/or the waters entering it. Proof of compliance shall be furnished upon
request of the enforcement official.
14.20.200 Inspection and sampling - General.
A. After obtaining legal entry to any premises in accordance with CYMe 1.16.010 or by
consent, the representative of the enforcement agency shall have the right to:
1. Carry out any inspection and sampling activities on the premises as may be necessary 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 vehicle on the premises reasonably suspected of causing, contributing to, or
being used to transport an illegal discharge to the storm water conveyance system.
3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an
illegal discharge or to determine if the requirements of this chapter have been met.
4. Photograph any effluent stream, material or waste, material or waste container, container
label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm
water pollution and constituting a violation of this chapter found during an inspection.
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 invoices.
6. Review and obtain a copy of the storm water pollution prevention plan prepared by the
owner and/or occupant or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator to retain evidence, as instructed by
the inspector, for a period not to exceed 30 days.
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Page 10
8. Review and obtain copies of all storm water monitoring data compiled by the owner
and/or occupant or facility operator, if such monitoring 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
evidence of storm water contamination, illegal discharges, discharge of non-storm water to the
storm water conveyance 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 work of any contractor.
14.20.210 Inspection procedures - Additional requirements.
During the inspection, the Enforcement Official shall comply with all reasonable security,
safety, and sanitation measures. In addition, the Enforcement Official shall comply with
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 with the owner and/or occupant or the facility
operator each of the violations 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 shall 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, wlllch states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a violation of
this chapter.
14.20.220 Authority 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 property that discharges directly or
indirectly to the municipal storm water conveyance system such devices as are necessary to
conduct sampling or metering operations. During all inspections as provided herein, the Official
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
of the inquiry or in the recordation of the activities on-site.
14.20.230 Testing, monitoring or mitigation required - When.
A. The Enforcement Official may require that any person engaged in any activity and/or
owning or operating any facility which causes or may contribute to storm water pollution or
contamination, illegal discharges, and/or discharge of non-storm water to the storm water
conveyance system perform monitoring, including physical and chemical monitoring and/or
analyses, and furnish reports as the Enforcement Official may specify, if:
1. The person, or facility owner or operator, fails to eliminate illegal discharges within a
specified time after receiving a written notice to do so by the Enforcement Official; or
2. The Enforcement Official has documented repeated violations of tills chapter by the
person or facility owner, or operator, wlllch have caused or contributed to storm water pollution.
Ordinance No. 3103
Page II
It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear
a relationship to the types of pollutants which may be generated by the person's activities or the
facility's operations. If the enforcement agency has evidence that a pollutant is originating from
a specific premises, then the enforcement agency may require monitoring for that pollutant
regardless of whether said pollutant may be generated by routine activities or operations. The
person or facility owner or operator shall be responsible for all costs of these activities, analyses
and reports.
B. Any persons required to monitor, pursuant to subsection (A) of this section, shall
implement a storm water monitoring program including, but not limited to, the following:
I. Routine visual monitoring for dry weather flows;
2. Routine visual monitoring for spills which may pollute storm water runoff;
3. A monitoring log including monitoring date, potential pollution sources, as noted in
subsections (B)(l) and (2) of this section, and a description of the mitigation measures taken to
eliminate any potential pollution sources.
C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer
necessary by the enforcement official, then any or all of the requirements contained in
subsections (A) and (B) of this section may be discontinued.
D. A storm water monitoring program prepared and implemented pursuant to any state-issued
NPDES general permit shall be deemed to meet the requirements of a monitoring program for
the purposes of this chapter. All monitoring data and analytical evaluation/assessment reports
required by such a permit shall be submitted to the City at the same time the data and reports are
submitted to the Regional Water Quality Control Board.
14.20.300 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter
is unlawful and shall constitute a separate violation of this chapter..
14.20.310 Administrative enforcement powers.
The enforcement agency and Enforcement Official can exercise any enforcement powers as
provided in CVMC Title 1. In addition to the general enforcement powers provided in CVMC
Title 1, the enforcement agency and Enforcement Official 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:
I. Comply with the applicable provisions and policies of this chapter;
2. Comply with 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 recurring.
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 may 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
Ordinance No. 2008-3] 03
Page ] 2
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 any premises to adopt and implement such a plan, pursuant to CVMC ]4.20.120(B),
as may be reasonably necessary to fulfill the purposes of this chapter.
D. Employee Training Program. 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 ]4.20.040.
F. Civil Penalties. Notwithstanding any other provisions of the Municipal Code, a person who
violates any of the provisions of this chapter or who fails to implement a storm water monitoring
plan, violates 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 ]iable for a civil penalty not to exceed $10,000 for each day such a violation exists. The
violator shall also be charged for the full costs of any investigation, inspection, or monitoring
survey 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 may utilize the lien procedures of Chapter
1.30 CVMC to enforce the violator's liabi]ity. The violator may also be liable for compensatory
damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
G. Administrative Citations. Notwithstanding any other provision of the Municipal Code, a
person who violates any provision of this chapter or disobeys an enforcement order may be
issued an administrative citation by the enforcement official requiring immediate corrective
action and imposing an administrative fine in an amount as set forth in CVMC 1.41.100(D)(1).
14.20.320 Administrative notice, hearing, and appeal procedures.
A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice
required to be given by the Enforcement Official under this chapter shall be in writing and served
in accordance with CVMC ] .40.030.
B. Notice Contents. Notwithstanding any other provision of the Municipal Code, when the
Enforcement Official determines that a violation of one or more provisions of this chapter exists
or has occurred, any violator(s) may be served with a written notice of violation and order. The
notice and order shall state the Municipal Code section violated, describe how violated, the
location, date(s) and time(s) of the violation(s), and describe the corrective action required. The
notice and order may require immediate corrective action by the violator(s) and explain which
methodes) of enforcement the City is utilizing. The notice and order shall explain the
consequences of failing to comply. Finally, the notice and order shall identify all hearing/appeal
rights and specify the issuing officer.
C. Hearings and Appeals. Notwithstanding any other provision of the Municipal Code, a
violator may request a hearing to contest the Enforcement Official's determination that a
violation has occurred. Such request must be in writing and received by the City within ] 0
calendar days of service of the notice of violation (or 30 calendar days for out-of-state residents)
in a form approved by the Enforcement Official. If the City does not receive such a written
request within ]0 calendar days (or 30 calendar days for out-of-state residents), it shall constitute
Ordinance No. 3103
Page 13
a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
Once a request for hearing is received, the hearing shall be conducted pursuant to CVMC
1.40.020(B) through (I) and1.40.070. If the violator(s) fails to attend the hearing, it shall
constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice
and order.
14.20.330 Judicial enforcement.
A. Criminal Penalties. Notwithstanding CVMC 1.20.010, any person who violates any
provision of this chapter or who fails to implement a storm water monitoring plan, violates 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 punished, upon
conviction, by a fine not to exceed $10,000 for each day in which such violation occurs, or
imprisonment in the San Diego County jail for a period not to exceed one year, or both.
B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also
cause the City to seek a petition to the superior court for the issuance of a preliminary or
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.
14.20.340 Violations deemed a public nuisance.
In 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 directed by the Enforcement Official in accordance with the
procedures identified in this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoin 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 property,
and the cost thereof shall be a lien upon and against the property in accordance with the
procedures set forth in Chapter 1.30 CVMC.
14.20.350 Remedies not exclusive.
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.
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
Any civil penalties collected by the City as a result of violations of this chapter shall be
deposited in the storm drain revenue fund.
Ordinance No. 2008-3103
Page 14
SECTION II: That Section 14.20.125 is added to the Chula Vista Municipal Code to read as
follows:
14.20.125 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. Noland 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 will meet the requirements of this Ordinance and the Development Storm Water
Manual.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
. Phased grading during construction (limitation of grading to a maximum disturbed area
before either temporary or permanent erosion controls are implemented).
. Compliance with Low Impact Development (LID) principals.
. Compliance with Interim Hydromodification criteria and Hydrograph Modification
Management Plan (HMP) requirements.
. Compliance with Post-Construction Best Management Practices self inspections,
maintenance, record keeping, and maintenance certification.
The City of Chula Vista generally accepts standards established in the most up-to-date editions
of the following documents for Best Management Practices, however, the City Engineer will
make the final determination to approve or disapprove any proposed BMPs:
. Stormwater Best Management Practices Handbooks developed by the California
Storm water Quality Association
. CAL TRANS Treatment BMP Technology Report
. County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must be
approved in an agreement that runs with the land in perpetuity prior to the issuance of a grading
or other construction permit.
SECTION III: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
J(~i/
Public Works Director
~\.~~~~.
Ann Moore
City Attorney
Ordinance No. 3103
Page 15
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of February 2008, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
~j'~~i
Cheryl Cox, yor
ATTEST:
4An.ANL,f ~J..k
Donna R. Norris, cM'c, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the
foregoing Ordinance No. 2008-3103 had its first reading at a regular meeting held on the 19th
day of February 2008 and its second reading and adoption at a regular meeting of said City
Council held on the 26th day of February 2008; and was duly published in summary form in
accordance with the requirements of state law and the City Charter.
Executed this 26th day of February 2008.
~A- f!, ~~/"A)
Donna R. Norris, CMC, Interim City Clerk