142 ORDINANCE NO. 142
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE,
CALIFORNIA, REGULATING THE DISCHARGE
TO THE STORM WATER SYSTEM
The City Council of the City of Grand Terrace does hereby ordain as
follows:
Section I - Authority, Purpose and Policy, Definitions
1 .010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority
1 .020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose
1 .030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions
1 .040 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Severability
1 .050 . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conflict
1 .060 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City' s Right of Revision
Section II - General Conditions and Prohibitions
2.010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration
2.020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice
2.030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Connections
2.040 . . . . . . . . . . . . . . . . . . . Protection of the Storm Drain System
,- 2.050 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibited Discharges
2.060 . . . . . . . . . . . . . . . . Exceptions to the Prohibited Discharges
2.070 . . . . . Notification of Intent and Compliance with General
Permits
2.080 . . . . . . . . Compliance with Best Management Practices (BMP)
2.090 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affirmative Defense
2. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Spill Containment
2. 110 . . . . . . . . . Immediate Notification of Accidental Discharge
2. 120 . . . . . . . . . . . Written Notification of Accidental Discharge
2.130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority to Inspect
Section III - Construction Requirements
3.010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-Storm Water Discharges
3.020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Best Management Practices
3.030 . . . . . . . . . . . . . . . . . . . . . . Permits Required
Section IV - Enforcement
4.010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of Violation
4.020 . . . . . . . . . . . . . . . . . . . . Violations Deemed a Public Nuisance
4.030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Falsifying Information
4.040 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Hearing
4.050 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Orders
4.060 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Action
!` Section IV - Enforcement (Continued)
4.070 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Penalties
4.080 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Penalties
4.090 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for Damages
4.100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals
4.110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to Remediate
Section V - Adoption
5.010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effective Date
5.020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Posting
�l
CHAPTER
SECTION I
AUTHORITY, PURPOSE AND POLICY, DEFINITIONS
SECTION 1.010 - AUTHORITY
This Chapter is enacted pursuant to authority conferred by law
including, but not limited to, the Federal Clean Water Act (33 U.S.C.
1251 , etc. sq. ); the Code of Federal Regulations (CFR) Part 122;
Porter Cologne Act; and, National Pollutant Discharge Elimination
System No. CA 8000200 issued by the Regional Water Quality Control
Board, Santa Ana Region.
.SECTION 1.020 - PURPOSE
The purpose of this chapter is to ensure future health, safety and
general welfare by controlling and/or eliminating non-storm water
discharges into the City of Grand Terrace storm drain system. This
will be accomplished by eliminating all non-permitted discharges to
the municipal separate storm sewers, controlling the discharge to
municipal separate storm sewers from spills, dumping or disposal of
materials other than storm water, and reducing pollutants in storm
water discharges to the maximum extent practicable.
The intent of this ordinance is to protect and enhance the water
quality of our watercourses, water bodies, ground water and wetlands
in a manner pursuant to and consistent with the regulations listed in
the Sections below.
SECTION 1.030 - DEFINITIONS
BMP BMP shall mean any Best Management Practice,
Best Management Guideline, or Best Management
Requirement as adopted by any Federal , State,
regional , or local agency.
Construction Activity Construction Activity shall mean any activity as
defined by the State Water Resources Board or
the Regional Water Quality Control Board, Santa
Ana Region, whichever is more restrictive, that
necessitates securing an NPDES Permit or NOI .
Illegal Discharge Illegal Discharge shall mean any discharge to
the storm water drainage system that is not
composed entirely of storm water or contains
constituents not provided for under Prohibited
Discharges Section 2.060.
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Illicit Connection Illicit Connection shall mean any connection to
the storm water drainage system that is not
permitted pursuant to a valid NPDES Permit or
written approval by the City.
NPDES NPDES shall mean the National Pollutant
Discharge Elimination System.
NPDES Permit NPDES Permit shall mean any permit issued
pursuant to the Federal Clean Water Act.
NOI NOI shall mean a Notice of Intent to comply with
an adopted NPDES storm water permit.
Non-Storm Water Non-storm water is any water not associated with
storm runoff and that originates on or traverses
any property.
Permit Permit shall mean any permit issued by the City.
Receiving Water Receiving Water shall mean all waters of the
United States and tributaries of waters of the
United States that are used for recreational or
other purposes; from which fish or shell fish
are taken; or which are used for industrial
purposes by industries in interstate commerce.
Storm Drain System Storm Drain System shall mean all of the
property involved in the operation of the storm
water drainage collection and disposal system
for the City, including but not limited to
conduits, natural or artificial drains, channels
and watercourses, together with appurtenances,
pumping stations and equipment.
Storm Water Pollution Storm Water Pollution Prevention Plan shall mean
Prevention Plan the plan as described in the General
Construction Activity Storm Water Permit as
issued by the State Water Resources Control
Board on August 20, 1992 and as may be amended.
Swimming Pool Swimming Pool is any body of water created by
artificial means designed or used for swimming,
immersion or therapeutic purposes.
SECTION 1.040 - SEVERABILITY
If any provision, paragraph, word, section, or article of this
chapter is invalidated by any court of competent jurisdiction, the
remaining provisions, paragraphs, words, sections, and other
chapters, shall not be affected and shall continue in full force and
effect.
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-` SECTION 1.050 - CONFLICT
All other Ordinances and parts of other Ordinances inconsistent or
conflicting with any part of this chapter are hereby repealed to the
extent of such inconsistency or conflict.
SECTION 1.060 - CITY'S RIGHT OF REVISION
The City Council may establish by ordinance and/or resolution more
stringent limitations and requirements related to discharges into the
City's storm drain system if deemed necessary.
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SECTION II
GENERAL CONDITIONS AND PROHIBITIONS
SECTION 2.010 - ADMINISTRATION
Except as otherwise provided herein, the Code Enforcement Officer for
the City of Grand Terrace shall administer, implement and enforce the
provisions of this ordinance. Any powers granted or duties imposed
upon the Code Enforcement Officer may be delegated by the Code
Enforcement Officer to persons acting in the beneficial interest of
or in the employ of the City of Grand Terrace.
SECTION 2.020 - NOTICE
Unless otherwise provided herein, any notice required to be given by
the Code Enforcement Officer under this Ordinance sh.all be in writing
and served in person or by first class or registered or certified
mail . Notice shall be deemed to have been given at the time of
deposit, postage prepaid, in a facility regularly serviced by the
United States Postal Service.
SECTION 2.030 - CONNECTIONS
The discharge or diversion of storm water or non-storm water is
permissible when connection to the storm drain is made in accordance
with a valid permit, approved construction plan, or, as applicable,
an NPDES permit and/or an NOI , and the discharge conforms to the
standards of Section 2.060.
It is prohibited to establish, use, maintain and/or continue any
illicit drainage connections to the City storm drain system. This
prohibition is retroactive and applies to connections made in the
past, regardless of whether made under a permit or other
authorization or whether permissible under the law or practices
applicable or prevailing at the time of the connection.
Permits are required for the construction or modification of any
storm drain or conveyor of drainage waters and appurtenant items
within:
(1 ) Dedicated easements, rights-of-way, or public place and/or
facility;
(2) Private property so as it may directly or indirectly discharge
into the storm drain system. Indirect discharges include, but
are not necessarily limited to, under sidewalk drains, driveway
approaches and unrestricted sheet flow.
SECTION 2.040 - PROTECTION OF THE STORM DRAIN SYSTEM
Without prior written approval of the City Engineer, no person shall
construct or modify or cause to be constructed or modified any
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structure, facility, or appurtenant items which may alter the normal
functioning of the storm drain system, including actions which may
alter the capacity, fall , or structural integrity of a storm drain,
channel , or related structures.
SECTION 2.050 - PROHIBITED DISCHARGES
It is prohibited to:
(1 ) Discharge non-storm water directly or indirectly to the public
storm drain system or any street, lined or unlined drainage
ditch which leads to a public storm drain, unless such
discharge is permitted by an NPDES Permit. If such discharge
is permitted by a NPDES Permit, but causes the City of violate
any portion of its NPDES Permit for storm water discharges,
such discharge is also prohibited.
(2) Throw, deposit, leave, maintain, keep, or permit to be thrown,
deposited, placed, left or maintained, any refuse, rubbish,
garbage, or other discarded or abandoned objects, articles, and
accumulations, in or upon any street, alley, sidewalk, storm
drain, inlet, catch basin, conduit or other drainage
structures, business place, or upon any public or private lot
of land in the City, so that the same might be or become a
pollutant.
(3) Throw or deposit litter in any fountain, pond, lake, stream or
any other body of water in a park or elsewhere within the City.
SECTION 2,060 - EXCEPTIONS TO THE PROHIBITED DISCHARGES
The following discharges are exempt from the Prohibited Discharges
listed in Section 2.050:
(1 ) Waterline flushing and other discharges from potable water
sources, provided that the chlorine residual in any heavily
chlorinated water used to disinfect water storage facilities or
water mains is thoroughly neutralized prior to contacting
receiving waters;
(2) Landscape irrigation, lawn watering, and irrigation water;
(3) Diverted stream flows, rising ground water, infiltration of
separate storm drains, springs, flows from riparian habitats
and wetlands;
(4) Uncontaminated pumped ground water, foundation and footing
drains, water from crawl space pumps, air conditioning
condensation;
(5) Individual residential car washings, de-chlorinated swimming
pool discharges; and,
(6) Flows from fire fighting.
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SECTION 2.070 - NOTIFICATION OF INTENT AND COMPLIANCE WITH GENERAL PERMITS
Each industrial discharger, discharges associated with construction
activity, or other discharger, described in any general storm water
permit addressing such discharges, as may be adopted by the United
States Environmental Protection Agency, the State Water Resources
Control Board, or the California Regional Water Quality Control
Board, Santa Ana Region, shall provide notice of intent, comply with,
and undertake all other activities required by any general NPDES
storm water permit applicable to such discharges.
Each discharger identified in an individual NPDES permit or Discharge
Order relating to storm water discharges shall comply with and
undertake all activities required by such permit.
SECTION 2.080 - COMPLIANCE WITH BEST MANAGEMENT PRACTICES (BMP)
Any person undertaking any activity or operation that causes or
contributes to illegal discharges or storm water pollution shall
comply with all applicable BMPs:
SECTION 2.090 - AFFIRMATIVE DEFENSE
A user shall have an affirmative defense in any action brought
against it alleging a violation of Section 2.050 (PROHIBITED
j DISCHARGES) where the user can demonstrate it did not know or have
reason to know that its discharge, alone or in conjunction with a
discharge or discharges from other sources would cause violation of
the Municipal NPDES Storm Water Permit.
SECTION 2.100 - SPILL CONTAINMENT
Spill containment systems, as may be required, shall conform to
requirements established by the San Bernardino County Environmental
Health Services (S.B.Co.E.H.S. ) . No person shall operate a spill
containment system that allows incompatible liquid to mix thereby
creating hazardous or toxic substances in the event of failure of one
or more containers.
Spill containment systems shall consist of a system of dikes, walls,
barriers, berms, or other devices designed to contain spillage of the
liquid contents of containers. Spill containment systems shall be
constructed of impermeable and non-reactive materials to the liquids
being contained.
Spilled or leaked waste and accumulated precipitation shall be
removed from the spill containment system in as timely a manner as is
necessary to prevent overflow of the collection system. Unless
otherwise approved by the S.B.Co.E.H.S. , all chemicals or wastes
discharged within the collection area shall be disposed of
appropriately and not discharged to the public sewer, the storm drain
system, or the ground.
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SECTION 2.110 - IMMEDIATE NOTIFICATION OF ACCIDENTAL DISCHARGE
Protection of the Storm Drain system from accidental discharge of
prohi-bited material is the responsibility of the person or persons in
charge of such material . Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted to
the City for review, and shall be approved by the City Engineer prior
to any construction. All existing users shall complete such a plan.
Review and approval of such plans and operating .procedures shall not
relieve the user from the responsibility to modify the user's
facility as necessary to meet the requirements of this chapter.
A notice shall be permanently posted in a prominent place advising
employees whom to contact in the event of an accidental discharge.
Employers shall ensure that all employees are advised of the
emergency notification procedures.
In the event of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the proper authorities.
SECTION 2.120 - WRITTEN. NOTIFICATION OF ACCIDENTAL DISCHARGE
Within five - (5) working days following an accidental discharge to the
storm water drainage system, the person or persons in charge of the
material accidentally discharged shall submit a written report to the
S.B.Co.E.H.S. and City Engineer. The report shall describe in detail
(" the type, volume and cause of the discharge, corrective actions
-' taken, and measures to be taken to prevent future occurrences.
Such notification shall not relieve the user of any fines or civil
penalties incurred as a result of such event, or any other liability
which may be imposed by this Ordinance or other applicable laws.
SECTION 2.130 - AUTHORITY TO INSPECT
The City Engineer, or designated representative, shall be authorized
at any. reasonable time to enter the premises of any user of the storm
drain system to determine compliance with the provisions of this
chapter, and to:
(1 ) Conduct inspection, sampling, monitoring, and/or other
authorized' duties to enforce the provisions of this chapter;
(2) Review any records, reports, test results or other information
required to enforce the provisions of this chapter. Such
review may include the necessity to photograph, videotape, or
copy any applicable information; and,
(3) Inspect any wastes, chemicals, storage areas, storage
containers, waste generating processes, treatment facilities,
and discharge locations. Such inspection may include the
necessity to photograph or videotape any applicable wastes,
chemicals, storage areas, storage containers, waste generating
processes, treatment facilities, and discharge locations.
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I
Adequate identification shall be provided by the City Engineer, or
designated representative, when entering the premises of any user.
If such entry is refused or cannot be obtained, the City Engineer
shall have recourse to every remedy provided by law to secure lawful
entry and inspection of the premises.
If the City Engineer has reasonable cause to believe that non-storm
water discharge conditions on or emanating from the premises are so
hazardous, unsafe, or dangerous as to require immediate inspection to
safeguard the public health or safety, the City Engineer shall have
the right to immediately enter and inspect the property, and may use
any reasonable means required to effect such entry and make such
inspection, whether the property is occupied or unoccupied and
whether or not formal permission to inspect has been obtained.
Where a user has instituted security measures requiring proper
identification and clearance before entry onto the premises, the user
shall make all necessary arrangements with its security guards in
order that, upon presentation of such identification, duly designated
City personnel shall be permitted to enter the premises without delay
for the purpose of performing their authorized duties. For
facilities which require special clearances to conduct inspections,
it shall be the responsibility of the user to obtain all necessary
clearances on behalf of the City so that City inspections are not
impaired.
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SECTION III
CONSTRUCTION REQUIREMENTS
SECTION 3.010 - NON-STORM WATER DISCHARGES
The following non-storm water discharges are allowed under the
General Construction Permit so long as they comply with BMPs as
described in the Storm Water Pollution Prevention Plan (SWPPP) and
they do not cause or contribute to violation of any water quality
standard:
(1 ) Landscape irrigation of erosion control measures;
(2) Waterline flushing and testing as provided for in Section
2.060;
(3) Street washing;
(4) De-watering;
(5) Dust Control ;
(6) Soil Compaction; and,
(7) Discharges of non-storm water as may be necessary for practical
- performance and completion of certain construction projects.
SECTION "3.020 - BEST MANAGEMENT PRACTICES
(Reserved)
SECTION 3.030 - PERMITS REQUIRED
Any individual or entity wishing to engage in construction activity
shall comply with Section 2.070, and provide evidence of compliance
prior to obtaining any City issued grading or construction permits.
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SECTION IV
ENFORCEMENT
SECTION 4.010 - NOTICE OF VIOLATION
Whenever the City Engineer finds that any user has violated or is
violating this Ordinance, a NPDES storm water permit or any
prohibition, limitation or requirement contained in this Ordinance
the City Engineer may serve upon such person a written notice stating
the nature of the violation and stating the penalties for continued
non-compliance.
If required in the notice, the user shall submit to the City
Engineer, within a prescribed period specified in the notice, which
period .shall not be less than ten (10) working days unless an
emergency situation dictates a shorter period, a plan indicating the
cause of the violation, corrective actions which will be taken to
prevent recurrence and, if required, a proposed compliance schedule
indicating the dates those corrective actions will be completed.
SECTION 4.020 - VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the penalties established by this chapter any threat
to public health, safety and welfare shall be declared and deemed a
public nuisance. Such public nuisance may be summarily abated and/or
restored by the City Engineer, and/or civil action to abate, enjoin
or otherwise compel the cessation of such nuisance may be taken by
the City Attorney.
The cost of such abatement, remediation and restoration shall be
borne by the owner, lessee, or tenant of the property causing the
violation. The cost thereof shall be a lien upon and against the
property and such lien shall continue in existence until the same
shall be paid. If the lien is not satisfied by the owner of the
property within a prescribed amount of time after the completion by
the City of the removal of the public nuisance and restoration and
remediation of the property to it's original condition, the property
maybe sold in satisfaction thereof in a like manner as other real
property is sold under execution.
SECTION 4.030 - FALSIFYING INFORMATION
Any person who knowingly makes any false statement, representation,
record, report, plan, or other document filed with the City, or who
falsifies, tampers with, or knowingly renders inaccurate monitoring
devices or methods required under this chapter, shall have violated
this chapter.
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i SECTION 4.040 - ADMINISTRATIVE HEARING
Any user may request or the City Engineer may order an administrative
hearing, at which a user who causes or allows or who has caused or
allowed an unauthorized discharge to enter the City storm drain
system shall show cause why a proposed enforcement action should not
be taken. An administrative hearing officer who is a city officer
not directly involved in enforcement of this article shall preside
over the administrative hearing, at which each party, including the
user and the City Engineer, shall have the right to present evidence.
A notice shall be served on the user specifying the time and place of
the hearing regarding the violation, the reasons why the action is to
be taken and proposed enforcement action, directing the user to show
cause before the hearing officer why proposed enforcement action
should not be taken. The notice of hearing shall be served
personally or by registered or certified mail , return receipt
requested, at least ten (10) working days before the hearing.
Service maybe made on any agent or officer of the user.
SECTION 4.050 - ADMINISTRATIVE ORDERS
The City Engineer may require compliance with permit conditions or
limitations by issuing administrative orders that are enforceable in
a court of law or by directly seeking court action. Administrative
orders may include stop work orders, cease and desist orders,
termination of service orders and immediate termination of service
orders.
(1 ) Stop Work Order - the City Engineer may serve a written stop
work order on any person engaged in doing or causing to be done
new construction, tenant improvements, alterations or
additions, if:
a. No permit has been granted by the City;
b. Work has begun without prior written approval by the City
Engineer; or,
C. Violations of this article are found at the site of the
new construction, tenant improvements, alterations or
additions.
Any person served a stop work order shall stop such work forthwith
until written authorization to continue . is received from the City
Engineer.
(2) Cease and Desist Order - when the City Engineer finds that any
industrial/commercial user has violated or threatens to violate
any provisions of this article or NPDES Storm Water Permit, the
City Engineer may issue a cease and desist order directing the
user to:
a. Comply immediately; or
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b. Comply in accordance with a time schedule specified in
the cease and desist order.
A cease and desist order may include modifications in the
frequency of monitoring, testing and submission of
self-monitoring reports.
(3) Termination of Service - when the City Engineer finds any
industrial/commercial user has violated an administrative
order, the City Engineer may terminate storm drain service to
the user. The user shall be liable for all costs for
termination of storm drain service incurred by the user and the
City. This provision is in addition to other statutes, rules
or regulations authorizing termination of service for
delinquency payment, or for any other reasons. Storm drain
service shall be re-instituted by the City Engineer after the
user has complied with all the provisions of the administrative
order. The user shall also be liable for all costs for
re-instituting storm drain service.
(4) Immediate Termination of Service - the City Engineer may
immediately suspend storm drain service and any non-storm water
discharge permit when such suspension is necessary, in the
opinion of the City Engineer, to stop an actual or threatened
r discharge which presents or may present an imminent or
i substantial endangerment to the health or welfare of persons or
the environment, or which significantly causes pollution to the
receiving waters ground and water courses of the City. Any
industrial/commercial user notified that storm drain service
NPDES permit has been suspended shall immediately stop and
eliminate the applicable contributions to the storm drain
system.
In the event of failure to comply voluntarily with the
suspension order, the City Engineer shall take steps as deemed
necessary, including immediate severance of storm drain
connections. The industrial/commercial user shall be liable
for all costs incurred by the City in terminating storm drain
service. Storm drain service shall be re-instituted by the
City Engineer after the actual or threatened discharge has been
eliminated. A detailed written statement, submitted by the
industrial/commercial user, describing the cause of the harmful
contribution and the measures to prevent any future occurrence
shall be submitted to the City Engineer within fifteen (15)
working days of the date of storm drain service termination.
The City Engineer may adopt a proposed compliance schedule submitted
by the user, or may adopt a revised compliance schedule if, in the
judgment of the City Engineer, the compliance schedule would allow
the user to cause harm to the receiving waters and/or City storm
drain facilities.
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The City Engineer will notify the user for the adopted compliance
schedule in a timely manner. The City Engineer shall not adopt a
compliance schedule which extends beyond applicable federal
guidelines.
SECTION 4.060 - LEGAL ACTION
(1 ) If any person violates the provisions of this article, federal
or state NPDES requirement or any order of the City, the City
attorney may commence an action for appropriate legal ,
equitable or injunctive relief in the Municipal or Superior
Court of the County.
(2) In addition to the penalties provided in this article, the City
may recover all reasonable attorney fees, court costs, . court
reporters fees and other expenses of litigation by appropriate
suit of law against the person(s) found to have violated any of
the provisions of this article or the orders, rules,
regulations and permits issued thereunder.
SECTION 4.070 - CIVIL PENALTIES
The business license of any industrial/commercial user who is found
to have violated an administrative order to comply with any provision
of this article and the orders, rules, regulations and permits under
this article may be revoked. The industrial/commercial user may also
'~ be fined a sum not to exceed $500.00 for each offense.
Each violation shall be considered a separate and distinct offense,
and each day -on which a violation shall occur or continue shall be
deemed a separate and distinct offense. In addition to the penalties
provided in this article, the City may recover all reasonable
attorney' s fees, court costs, court reporters' fees and other
expenses of litigation by appropriate suit at law against the person
found to have violated this article or the orders, rules, regulations
and permits issued under this article.
SECTION 4.080 - CRIMINAL PENALTIES
Any person who willfully violates any provision of this article or a
permit condition; who knowingly violates any stop work order, cease
and desist order, termination or immediate termination order,
prohibition or effluent limitation; who knowingly makes false
statements, representation or certification in any application,
record, report, plan or other document filed or required to be
maintained pursuant to this article or NPDES Storm Water Discharge
Permit; or who falsifies, tampers with or knowingly causes inaccuracy
in any monitoring device or method required or authorized under this
article is guilty of a misdemeanor, which, upon conviction, is
punishable by a fine not to exceed $500.00 or by imprisonment for a
period of not more than six months, or by both, a fine and
imprisonment.
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Each such person shall be deemed guilty of a separate offense for
every day during any portion of which any violation of any provisions
of this article is committed, continued or permitted by such person,
and shall be punishable for that violation as provided by this
section.
SECTION 4.090 - COMPENSATION FOR DAMAGES
Any person who damages monitoring equipment, detrimentally affects
the water quality of the United States, significantly increases
maintenance of, requires non-routine inspection or sampling, causes
blockages of, damage to, interference with storm drain facilities, or
causes any other damages, including the imposition of fines or
penalties on the City by federal , state or local regulatory agencies,
shall be liable to the City for all damages and additional costs,
including fines and penalties, occasion thereby. An administrative
fee, which shall be fixed by the City Manager based on the City' s
current overhead cost allocation percentage, shall be added to these
charges and shall be payable to the City within thirty (30) calendar
days of invoicing.
SECTION 4.100 - APPEALS
Any decision of the City Engineer or the administrative hearing
officer may be appealed pursuant to Section 13.12.300 (GRAND TERRACE
MUNICIPAL CODE) . The imposition of fines or penalties shall be stayed
during the appeal period unless the City Council or administrative
`- hearing officer, as applicable, determines that such a stay would
threaten the public safety, health or welfare.
SECTION 4.110 - NOTICE TO REMEDIATE
Whenever the City Engineer finds any non-permitted, prohibited
substance discharge 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 storm drain system, the City Engineer may give
notice to remove any non-permitted, prohibited substance discharge
that the City may provide. The industrial/commercial user who
receives such a notice shall undertake the remediation activities as
described in the notice.
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SECTION V
ADOPTION
SECTION 5.010 - EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from the date of
adoption.
SECTION 5.020 - POSTING
The City Clerk shall cause this Ordinance to be posted in three (3)
public places designated for such purpose by the City Council .
First read at a regular meeting of the City Council of said City held on
the loth day of December, 1992, and finally adopted and .ordered posted at a
regular meeting of.said City Council on the 14th day of January, 1993.
Attest:
- t
- - . - �C erl k of t o 61 M yor of the
-City of- Grand Terrace City Grand Terrace
Approved as to Form:
City Attorney
- 15 -
- I, Brenda Stanfill, City Clerk of the City of Grand Terrace,
do hereby certify that the foregoing Ordinance was introduced and
adopted at a regular meeting of the City Council of the City of
Grand Terrace held on the 14th day of January, 1993 by the
following vote:
AYES: COUNCILMEMBER CARLSTROM, HILKEY, SINGLEY; MAYOR
PRO TEM CHRISTIANSON; MAYOR MATTESON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Clerk