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2012-102 stormwater_urban runoff management ORDINANCE NO. 2012-102 ESTABLISHING STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS The City Council of the City of Menifee Ordains as Follows: ARTICLE I TITLE, PURPOSE AND GENERAL PROVISIONS Section 1. Purpose and Intent. The purpose of this ordinance is to ensure the future health, safety, and general welfare of City residents by: A. Reducing pollutants in stormwater discharges to the maximum extent practicable; B. Regulating illicit connections and discharges to the storm drain system; and C. Regulating non-stormwater discharges to the storm drain system. D. The intent of this ordinance is to protect and enhance the water quality of County/City watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with applicable requirements contained in the Santa Ana Region Order No. R8-2010- 0033, NPDES No. CAS 618033 regulated by the State of California, California Regional Water Quality Control Board, parented by the Federal Clean Water Act (Title 33 U.S.C. §§ 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code §§ 13000 et seq.), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. E. The City of Menifee is located within both the Sand Diego and Santa Ana Water Boards with approximately 95% of the City located within the jurisdiction of the Santa Ana Water Board and approximately 5% of the City within the jurisdiction of the San Diego Water Control Board. By mutual consent, (per Water Code section 13228) the Santa Ana Water Board and the San Diego Water Board pursuant to written agreements dated September 28, 2010, authorized the City of Menifee to be wholly regulated by the Santa Ana Water Board. Section 2. Section 15.01.010 of Chapter 15.01 of Title 15 of the Menifee Municipal Code is here by amended in its entirely to read as follows: 15.01.010 Definitions. The terms as used in this ordinance shall have the following meanings: "Best Management Practice (BMPs)" shall mean 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 and those measures identified by the Director of Public Works. City of Menifee Ordinance No.2012-102 Slormwater Management "City" shall mean the City of Menifee. "Commercial and Industrial Facilities" shall mean and refer to a facility or facilities that consist of any of the following: Auto-Related — mechanical repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and equipment, body repair or painting of automobiles and other vehicles, retail or wholesale fueling, automobile parking lots and storage facilities. Mobile-Related activities - mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing. Others—cemeteries, nurseries, greenhouses, golf courses, parks, other recreational areas/facilities, eating and drinking establishments. Industrial — industrial facilities as defined within the Federal Clean Water Act, operating and closed municipal landfills, facilities subject to SARA Title III, hazardous waste treatment, disposal, storage and recovery facilities. "Illicit Discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater 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. "Illicit Connection" shall mean any physical connection to a storm drain system which has not been permitted by Riverside County, the Riverside County Flood Control and Water Conservation District, City of Menifee or other appropriate public agency. "National Pollutant Discharge Elimination System (NPDES) Permit" shall mean a stormwater discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act. "Municipal NPDES Permit' shall mean an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system. Such a permit is commonly referred to as a WS4 Permit' (referring to "municipal separate storm sewer system"). "Non-Stormwater Discharge" shall mean any discharge to the storm drain system that is not entirely composed of stormwater. "Person" shall mean 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. 'Pollutant' shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/;or competing uses of the water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, sand, dirt, 2 City of Menifee Ordinance No.2012-102 Stormwater Management rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, other biological materials, radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind. "Premises" shall mean any building, lot, parcel of land, land or portion of land whether improved or unimproved. "Storm Drain System" shall mean any facility within the City of Menifee by which stormwater 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 basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure. "Stormwater Runoff' shall mean surface runoff and drainage associated with rain storm events and snow melt. "Suspended Solids" shall mean solid materials or particles that either float on the surface of, or are in suspension in, stormwater, wastewater or other liquid. "Regional Board" shall mean The San Diego Regional Water Quality Control Board and Santa Ana Regional Water Quality Control Board. "State Board" shall mean The State Water Resources Control Board. Section 3. Sections 15.01.011 and 15.010.012 are added to Chapter 15.01 of Title 15 of the Menifee Municipal Code to read as follows: 15.01.011 Responsibility for Administration. This ordinance shall be administered for the City by the Director of Public Works, or his/her designees. 15.01.012 Renulatory Consistency. This ordinance shall be construed to assure consistency with the requirements of the Clean Water Act, Porter-Cologne Water Quality Control Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES Permits and any amendments or revisions thereto or reissuance thereof. Section 4. Sections 15.01.015 is hereby added to Chapter 15.01 of Title 15 of the Menifee Municipal Code to read as follows: 15.01.015 Reduction of Pollutants in Stormwater. (A) It is a violation of the Chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant 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 plot of land in the City. The only exception being where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this ordinance to cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, 3 City of Menifee Ordinance No. 2012-102 Stormwater Management conduit or other drainage structures, business place, or upon any public or private plot of land in the City. (B) Any person performing construction work in the City shall comply with the provisions of this ordinance, and shall control stormwater runoff so as to prevent any likelihood of adversely affecting human health or the environment. Director of Public Works shall identify the BMP's that may be implemented to prevent such deterioration and shall identify the manner of implementation. Documentation on the effectiveness of BMP's implemented to reduce the discharge of pollutants to the MS4 shall be required when requested by the Director of Public Works. Any person performing construction work in the City shall be regulated by the State Water Resources Control Board in a manner pursuant to and consistent with applicable requirements contained in the General Permit No. CAS000002, State Water Resources Control Board Order Number 2009-0009-DWQ. The City may notify the State Board of any person performing construction work that has a non-compliant construction site per the General Permit. (C) New development or redevelopment projects shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The Director of Public Works shall identify the BMP's that may be implemented to prevent such deterioration and shall identify the manner of implementation. Documentation on the effectiveness of BMP's implemented to reduce 9 the discharge of pollutants to the MS4 shall be required when requested by the Director of Public Works. The BMPs may include, but are not limited to, the following and may, among other things, require new developments or redevelopments to do any of the following: (1) Increase permeable areas by leaving highly porous soil and low lying areas undisturbed; by incorporating landscaping, green roofs and open space into the project design; by using porous materials for or near driveways, drive aisles, parking stalls and low volume roads and walkways; and by incorporating detention ponds and infiltration pits into the project design. (2) Direct runoff to permeable areas by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, rain gardens, pervious pavement or other approved green infrastructure and French drains; by installing rain-gutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas. (3) Maximize stormwater storage for reuse by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release. (4) Rain gardens may be proposed in-lieu of a water quality basin when applicable and approved by the city engineer. 4 City of Menifee Ordinance No. 2012-102 Slormwater Management (D) Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing use of the water. The Director of Public Works shall identify the BMP's that may be implemented to prevent such deterioration and shall identify the manner of implementation. (E) Any person or entity that owns or operates a commercial and/or industrial facility(s) shall comply with the provisions of this Chapter. All such facilities shall be subject to a regular program of inspection as required by this ordinance, Riverside County Ordinance Nos. 457 and 857,any NPDES permit issued by the State Water Resource Control Board, Santa Ana Regional Water Quality Control Board, California Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§ 1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. Section 5. Sections 15.01.020, 15.010.030, 15.010.040, 15.010.050 and 15.010.060 of Chapter 15.01 of Title 15 of the Menifee Municipal Code are here by amended in their entirety to read as follows: 15.01.020 Non-Stormwater Discharges Requirements. The discharge of non-stormwater into the storm drain system is a violation of this Chapter except as specified below. (A) The discharge prohibition shall not apply to any discharge regulated under an NDPES Permit or Waiver issued to the discharger and administered by the State of ' California under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or i regulations. (B) Discharges from the following activities will not be considered a violation of this ordinance when properly managed: (1) Discharges composed entirely of storm water; (2) Air conditioning condensate; (3) Irrigation water from agricultural sources (4) Discharges covered by a NPDES Permit, WDRs, or waivers issued by the Regional Board or State Board. (5) Discharges from landscape irrigation, lawn/garden watering and other irrigation waters. These shall be minimized through public education and water conservation efforts, as prescribed under this Order Section XI.E. Residential Program. (6) Passive foundation drains; (7) Passive footing drains; 5 City of Menifee Ordinance No. 2012-102 Stormwater Management (8) Water from crawl space pumps; (9) Non-commercial vehicle washing,(e.g. residential car washing (excluding engine degreasing) and car washing fundraisers by non-profit organization); (10) Dechlorinated swimming pool discharges (cleaning wastewater and filter backwash shall not be discharged into the MS4 or to Waters of the US) (11) Diverted stream flows; (12) Rising ground waters and natural springs; (13) Uncontaminated ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated pumped groundwater (as defined in Appendix 4, glossary), (14) Flows from riparian habitats and wetlands; (15) Emergency fire fighting flows (i.e., flows necessary for the protection of life and property do not require BMPs and need not be prohibited. However, appropriate BMPs to reduce the discharge of Pollutants to the MEP must be implemented when they do not interfere with health and safety issues [see also Appendix K of the DAMP]). (16) Waters not otherwise containing Wastes as defined in California Water Code Section 13050 (d), and (17) Other types of discharges identified and recommended by the Permittees and approved by the Regional Board. 15.01.030 Illicit Connections/Discharges. It is a violation of this Chapter to establish, use, maintain, or continue illicit connections to the storm drain system, or to commence or continue any illicit discharges to the storm drain system. This prohibition against illicit connections and discharges is expressly retroactive and applies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge. 15.01.040 Prohibited Discharges (A) Any discharge that would result in or contribute to a violation of an existing or future Municipal NPDES Permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this ordinance and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the 6 City of Menifee Ordinance No.2012-102 Stormwater Management discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. (B) Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the Industrial Stormwater General Permit, the Construction Activity Stormwater General Permit, and the Dewatering General Permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any City grading, building, or occupancy permits. 15.01.050 Inspections (A) An inspector, code enforcement officer or peace officer employed by the City may enter free of charge, at any time, any premises, grounds, facilities or structures for which compliance is required by this ordinance and inspect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by this ordinance, California Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§ 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith, and gather evidence (pictures, videos, samples documents, etc). (B) An inspector, code enforcement officer or peace officer employed by the City may enter free of charge, at any time, any place of business for which a business license is required by this ordinance and inspect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by California Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§ 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith, and gather evidence (pictures, videos, samples documents, etc). Failure to maintain the business premises, grounds, facilities and structures located therein in compliance with water quality requirements is a violation of this ordinance. The City may initiate enforcement actions against business license holders whose business premises are found upon inspection to be in violation of water quality requirements. The business license holder shall be liable to the County for an additional license inspection and enforcement fee based on the hourly rates provided in this ordinance. (C) The city council may establish a fee by resolution to recover the cost of inspection, sampling, metering and monitoring by the Director of Public Works. 15.01.060 Enforcement. (A) Any person in violation of this Chapter is subject to the procedures and penalties set forth below. In addition, to the extent that the City makes any provision of this Chapter or identified BMP a condition of approval to the issuance of a permit, any 7 City of Menifee Ordinance No.2012-102 Stormwater Management person in violation of such condition is subject to the permit revocation and/or suspension procedures set forth in the provisions governing permit issuance. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties. There remedies shall are non-exclusive and are in addition to any other enforcement powers available under this Code or applicable law. (B) Administrative Violations. In addition to the general enforcement powers and procedures of this Code, an enforcement official may utilize the following administrative remedies as may be desirable to enforce this Chapter: (1) Cease and Desist Orders. When the enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter or any NPDES Permit, 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 shall1. Comply with the applicable provisions and policies of this chapter or any NPDES Permit; 2. Comply with a time schedule for compliance 3. Take appropriate remedial or preventive action to prevent the violation from recurring. (2) Notice to Clean, Test and/or 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 Stormwater Conveyance System or a non-stormwater discharge into the City's Stormwater Conveyance System, the enforcement official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. (3) Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, the enforcement official may order the work stopped by giving written notice to any person engaged in performing or causing such work to be done, and any such person shall immediately stop such work until authorized by the enforcement official to proceed with the work. (4) Permit or License Suspension, Denial or Revocation. Violations of this chapter may be grounds for permit or license suspension or revocation. (5) Injunction/Abatement of Public Nuisance. Whenever a discharge into the Stormwater Conveyance System occurs 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 to restraining the continuance of the discharge. (C) Civil Violations. Any person who violates any of the provisions of this chapter or who fails to implement a stormwater monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a SWPPP or WQMP as directed by the enforcement official, may be liable for a civil penalty not to exceed two thousand 8 City of Menifee Ordinance No. 2012-102 Slormwater Management five hundred ($2,500) dollars for each day that such a violation exists. Moreover, the violator may 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. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. The enforcement official may take all appropriate legal steps to collect these obligations, including referral to the city attorney for commencement of a civil action to recover said funds. If collected as a lien, the enforcement official shall cause a notice of lien to be filed with the county recorder, inform the county auditor and county recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the enforcement official shall file a release of lien with the county recorder. (D) Enforcement; Penalties, Remedies. (1) Any violation of this Chapter is a misdemeanor and shall be punishsable as set forth in Section 1.01.125 of this Code.. (2) 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 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. (3) Any person violating the provisions of this Chapter shall reimburse the City of any and all costs incurred in responding to, investigation, assessing, monitoring, treating, removing, or remediating any Pollutant to the Storm Drain System; rectifying any illegal connection; or remediating any violation of the Chapter. Such costs to be paid to the city include all inspections, administrative expenses and all legal expenses, including costs and attorney's fee. The costs to be recovered shall be recoverable from any and all Persons creating, causing or committing or maintaining the violation of the Chapter, or participating, in the same. (4) In the event any violation of this Chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager orPublic Works Director, 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. (5) Violations of this Chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and State law. 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 9 City of Menifee Ordinance No.2012-102 Stormwaler Management remediating any violation of this Chapter. Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys' fees. The costs to be recovered in this Section 15.01.050 shall be (6) 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. (7) 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. (8) 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. (9) The City may utilize any and all other remedies as otherwise provided by law. Section 5. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. Section 6. This ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this 19`h day of June, 2012 V J)KI16 V. Denver, Mayor 10 City of Menifee Ordinance No. 2012-102 Stormwater Management ATTEST: APPROVED AS TO FORM: Kathy Bennett, City Clerk Jo Fletcher, ity Attorney E 11 John V.Denver Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss Thomas Fuhrman CITY OF MENIFEE ) Mayor Pro Tem Wallace W.Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Councilmember foregoing Ordinance No. 2012-102 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 1g1 day of June, 2012 by the i DarcyKuenzi following vote: Councilmember Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi, Councilmember Noes: None Absent: None Abstain: None Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.c1tyofrnen1fee.us