2009-32 Storm Water Urban Runoff ORDINANCE NO. 2009-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADOPTING CHAPTER 15.01 OF THE MENIFEE MUNICIPAL CODE
PROVIDING FOR THE STORM WATER/URBAN RUNOFF AND
REPEALING COUNTY ORDINANCE NO. 754, AS AMENDED AND
CHAPTER 13.12 OF THE RIVERSIDE COUNTY CODE
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
The purpose of this chapter is to ensure the future health, safety, and general welfare of
county residents by:
A. Reducing pollutants in storm water discharges to maximum extent practicable;
B. Regulating illicit connections and discharges to the storm drain system; and
C. Prohibiting regulation of non-storm water discharges to the storm drain system.
D. Protect and enhance the water quality of water courses, water bodies,
groundwater, and wetlands in a manner pursuant to and consistent with applicable requirements
contained in the Federal Clean Water Act (Title 33 U.S.C. Sections 1251 et seq.), Porter-
Cologne Water Quality Control Act (California Water Code Sections 13000 et seq.), any
applicable state or federal regulations promulgated thereto, and any related administrative
orders or permits issued in connection therewith.
SECTION 2. Chapter 15.01 is added to the Menifee Municipal Code to read as follows:
CHAPTER 15.01: STORM WATER/URBAN RUNOFF
Sections:
15.01.010 Definitions.
15.01.020 Non-Storm Water Discharge Requirements.
15.01.030 Regulation of Illicit Connections.
15.01.040 Prohibited Discharges.
15.01.050 Inspections.
15.01.060 Enforcement.
15.01.010 Definitions.
The following words and phrases shall, for the purpose of this Chapter, be defined as
follows:
(a) 'Best Management Practices" (BMPs) means any activities, prohibitions,
practices, procedures, programs, or other measures designed to prevent or reduce the
discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include,
but are not limited to, those measures specified in the California Stormwater Best Management
Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity, as those
may be amended from time-to-time and those measures identified by the City Engineer.
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(b) "City" means the City of Menifee.
(c) "Clean Water Act" means the Federal Water Pollution Control Act, amended in
1977 as the Clean Water Act, and amended in 1987 to establish new controls on industrial and
municipal storm water discharges, and any and all subsequent amendments thereto.
(d) "Discharge" means any release, spill, leak, disposal, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping or discarding of any
liquid, semi-solid or solid substance, or combination thereof.
(e) "Illegal Discharge" means any Discharge to the storm drain system that is not
composed entirely of Storm Water Runoff except Discharges made pursuant to a National
Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the
Santa Ana Regional Water Quality Control Board.
(f) "Illegal Connection" means any physical connection to a storm drain system
which has not been permitted by the City, the Riverside County Flood Control and Water
Conservation District, or other appropriate public agency.
(g) "National Pollutant Discharge Elimination System" ("NPDES") Permit means a
storm water Discharge permit issued by the Santa Ana Regional Water Quality Control Board or
San Diego Regional Water Quality Control Board or the State Water Resources Control Board
in compliance with the Clean Water Act.
(h) "Municipal NPDES Permit" means an area-wide NPDES permit issued to a
government agency or agencies for the Discharge of storm water from a storm water system.
(i) "Non-Storm Water Discharge" means any Discharge to the storm drain system
that is not entirely composed of storm water.
Q) "Person" means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity which is recognized by law as
the subject of rights or duties.
(k) "Pollutant" means the following liquid, solid or semi-solid substances, or
combination thereof:
(1) Artificial materials, chips or pieces of natural or man-made materials
(such as floatable plastics, wood or metal shavings);
(2) Household waste (such as trash, paper, plastics, lawn clippings and yard
wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and
fluids from vehicles, lawn' mowers and other common household equipment),
(3) Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium,
and non-metals, such as phosphorus and arsenic.
(4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste
oils, solvents, coolants and grease),
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(5) Excessive eroded soils, sediment and particulate materials,
(6) Animal wastes (such as Discharge from confinement facilities, kennels,
pens and recreational facilities, including, stables, show facilities, or polo fields),
(7) Substances having characteristics with a pH less than 6.5 or greater than
8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or
enterococcus,
(8) Waste materials and wastewater generated on construction sites and by
construction activities (such as painting, staining; use of sealants, glues, limes; excessive
pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of
asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic,
radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash
water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical
degreasing or diluting agents; and super chlorinated water generated by potable water line
flushing),
(9) Materials causing an increase in biochemical oxygen demand, chemical
oxygen demand or total organic carbon,
(10) Materials which contain base/neutral or acid extractable organic
compounds,
(11) Those Pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal
Clean Water Act,
(12) Any other constituent or material that may adversely affect the beneficial
uses of the receiving waters, flora or fauna of the State, as determined by the State Board or the
Regional Board.
(13) The term "Pollutant" shall not include uncontaminated Storm Water
Runoff, potable water or reclaimed water generated by a lawfully permitted water treatment
facility.
(1) "Premises" means any building, lot, parcel of land, land or portion of land
whether improved or unimproved.
(m) 'Regional Board" means the San Diego Regional Water Quality Control Board
and Santa Ana Regional Water Quality Control Board.
(n) "State Board" means the State Water Resources Control Board.
(o) "Storm Drain System" means any facility within the incorporated areas of the City
by which storm water may be conveyed to waters of the United States. Storm Drain System
includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catch
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basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other
drainage structures.
(p) "Storm Water" or"Storm Water Runoff' means surface runoff and drainage
associated with rain storm or precipitation events.
15.01.020 Non-Storm Water Discharge Requirements.
No Person shall Discharge or cause or permit to be Discharged any Non-Storm Water
Discharge to any Storm Drain System, except:
(a) Discharges covered by an NPDES permit, or for which an approval has been
issued by the, Regional Board or State Board;
(b) Discharges from potable water line flushing and other potable water resources;
(c) Discharges from fire fighting and fire hydrant testing and flushing;
(d) Discharges from landscape irrigation, lawn watering and other irrigation activities;
(e) Diverted stream flows;
(f) Rising ground waters and natural springs;
(g) Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20) and
uncontaminated pumped groundwater;
(h) Passive foundation drains;
(i) Air conditioning condensate;
0) Water from crawl space pumps;
(k) Passive footing drains;
(1) Discharges from individual residential vehicle washing (not including Discharges
from mobile sources such as automobile/equipment detailing or washing);
(m) Flows from riparian habitats and wetlands;
(n) Dechlorinated swimming pool Discharges;
(o) Street and sidewalk washing and runoff;
(p) Waters not otherwise containing wastes as wastes are defined in California
Water Code Section 13050(d); and
(q) Other Discharges specifically authorized and permitted by the City or the
Regional Board, as described in a permit issued by either the City or the Regional Board.
15.01.030 Regulation of Illicit Connections.
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No Person shall construct, use, maintain, operate, facilitate or permit the existence of
any Illegal Connection to the Storm Drain System on any Premises owned or operated by such
Person.
15.01.040 Prohibited Discharges.
Except as otherwise permitted under this Chapter, no Person shall Discharge any liquid,
semi-solid or solid substance, or combination thereof, that is not composed entirely of Storm
Water, and which contains any Pollutant, to:
(a) the Storm Drain System;
(b) any upstream flow, which is attributory to the Storm Drain System;
(c) any groundwater, stream, creek, wash or dry weather arroyo, wetlands area,
marsh, coastal sloth;
(d) any lake, harbor area, or bay.
15.01.050 Inspections.
The City Manager or City Engineer, or any designee thereof, may, on 24-hour oral or
written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect
any private Premises for the purposes of verifying compliance with the terms and conditions of
this Chapter. Such inspection may include, but is not limited to:
(a) identifying products produced, processes conducted, chemicals and materials
used, stored or maintained on the subject Premises;
(b) identifying points of Discharge of all waste water, processed water systems and
Pollutants;
(c) investigating the natural slope of the Premises, including drainage patterns and
man-made conveyance systems;
(d) establishing location of all points of Discharge from the Premises, whether by
surface runoff or through a Storm Drain System;
(e) locating any Illegal Connection or any Discharge prohibited by this Chapter;
(f) evaluating compliance with any permit issued pursuant to this Chapter or the
Clean Water Act;
(g) Investigating the condition of any legal nonconforming connection.
15.01.060 Enforcement.
(a) Any violation of this Chapter is a misdemeanor and shall be punishable by either
a fine of up to $1,000 or six months in the County Jail, or both.
(b) As a part of any sentence or other penalty imposed or the award of any damage,
the Court may also order that restitution be paid to the City or any injured person by any person
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violating this Chapter, or, in the case of a violator who is a minor, by the minor's parent or
lawfully designated guardian or custodian. Restitution may include the amount of any reward.
(c) Any Person violating the provisions of this Chapter shall reimburse the City for
any and all costs incurred in responding to, investigating, assessing, monitoring, treating,
removing, or remediating any Pollutant to the Storm Drain System; rectifying any Illegal
Connection; or remediating any violation of this Chapter. Such costs to be paid to the City
include all inspections, administrative expenses and all legal expenses, including costs and
attorneys' fees. The costs to be recovered shall be recoverable from any and all Persons
creating, causing or committing or maintaining the violation of this Chapter, or participating in
the same.
(d) In the event any violation of this Chapter constitutes an imminent danger to
public health, safety, or the environment, the City Manager or City Engineer, Building Official, or
any authorized agent thereof, may enter upon the Premises from which the violation emanates,
abate the violation and danger created to the public safety or the environment, and restore any
Premises affected by the alleged violation, without notice to or consent from the owner or
occupant of the Premises. An imminent danger shall include but is not limited to exigent
circumstances created by the Discharge of Pollutants, where such Discharge presents
significant and immediate threat to the public health or safety, or the environment.
(e) Violations of this Chapter may further be deemed to be a public nuisance which
may be abated by administrative citation, administrative abatement or civil or criminal action in
accordance with the terms and provisions of this Code and State law.
(f) All costs and fees incurred by the City as a result of any violation of this Chapter
which constitute a nuisance, including all administrative fees and expenses and legal fees and
expenses, shall become a lien against the subject Premises from which the nuisance emanated
and a personal obligation against the owner, in accordance with Government Code Sections
38773.1 and 38773.5. The owner of record of the Premises subject to any lien shall receive
notice of the lien prior to recording, as required by Government Code Section 38773.1. The City
Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an
action brought for money judgment, or by delivery to the County Assessor of a special
assessment against the Premises in accordance with the conditions and requirements of
Government Code Section 38773.5.
(g) Any Person acting in violation of this Chapter may also be acting in violation of
the Clean Water Act or the California Porter-Cologne Act (California Water Code Sections
13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be
subject to damages, fines and penalties, including civil liability under such other laws. The City
Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties,
damages and orders compelling compliance and appropriate relief.
(h) The City Attorney is authorized to file in a court of competent jurisdiction a civil
action seeking an injunction against any violation or threatened or continuing violation of this
Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may
include an order for reimbursement to the City for all costs incurred in enforcing this Chapter,
including costs of inspection, investigation, monitoring, treatment, abatement, removal or
remediation undertaken by or at the expense of the City, and may include all legal expenses
and fees and any and all costs incurred relating to the restoration or remediation of the
environment.
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(i) The City may utilize any and all other remedies as otherwise provided by law.
SECTION 3. REPEAL OF COUNTY ORDINANCE.
Riverside County Ordinance No. 754 as amended, (Chapter 13.12 of the Riverside
County Code) as adopted by the City upon incorporation and extended is repealed.
SECTION 4. EFFECTIVE DATE.
The ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this-6 ki day of , 2009, by
the following vote:
AYESA':;��, / O�
NOES: "noAJL)
ABSENT: )JOAL,
ABSTAIN:
Wallace W. Edgerton, MwYor
ATTEST:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
&t�qbkt
Elizabe Martyn, City ttorney
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