5463a
ORDINANCE NO. 5463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADDING CHAPTER 10.09 TO TITLE 10
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ADMINISTRATION OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) OF THE
FEDERAL CLEAN WATER ACT AND REPEALING SECTION
10.08.060 OF CHAPTER 10.08 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE.
WHEREAS, the United States Congress passed the Clean Water
Act [33 USC §1251 et se , as amended, including §402(p) therein]
as a mandate, in part, that municipal separate storm sewer
systems obtain permits to "effectively prohibit non -storm water
discharges into the storm sewers" and "require controls to reduce
the discharge of pollutants to the maximum extent
practicable...." This permitting authority has been delegated by
the United States Environmental Protection Agency ("EPA") to the
State of California, which has authorized the State Water
Resources Control Board and its local regulatory agencies, the
Regional Water Quality Control Boards, to control non -point
source discharges to California's waterways; and
WHEREAS, the Santa Ana and San Diego Regional Water Quality
Control Boards have addressed the obligation to implement the
Clean Water Act by issuing "Waste Discharge Requirements for the
County of Orange, Orange County Flood Control District and the
Incorporated Cities of Orange County Within the Santa Ana Region,
Storm Water Runoff Management Program" (Areawide Urban Storm
Water Runoff), Orange County Order No. 90-71 (NPDES No. CA
8000180) (the "Santa Ana Regional Board Permit") and "Waste
Discharge Requirements for Storm Water and Urban Runoff from the
County of Orange, Orange County Flood Control District and the
Incorporated Cities of Orange County Within the San Diego Region,
Storm Water Runoff Management Program" (Areawide Urban Storm
Water Runoff), San Diego County Order No. 90-38 (NPDES No. CA
0108740) (the "San Diego Regional Board Permit"). The Santa Ana
Regional Board Permit and the San Diego Regional Board Permit
shall be referred to collectively herein as the National
Pollution Discharge Elimination System Permit or "NPDES Permits";
and
WHEREAS, the City of Anaheim is participating as a "Co -
permittee" under the NPDES Permits in the development and
adoption of an ordinance to accomplish the requirements of the
Clean Water Act; and
WHEREAS, storm water runoff is one step in the natural cycle
of water. However, human activities, such as agriculture,
construction and the operation and maintenance of an urban
infrastructure may result in undesirable discharges of pollutants
and certain sediments, which may accumulate in local drainage
channels and waterways and eventually may be deposited in the
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waters of the United States; and
WHEREAS, the purpose of this Ordinance is to participate in
the improvement of water quality and comply with federal
requirements for the control of urban pollutants to storm water
runoff, which enters the network of.storm drains throughout
Orange County; and
WHEREAS, the City of Anaheim is authorized by Article XI, §5
and §7 of the State Constitution to exercise the police power of
the State by adopting regulations promoting the public health,
public safety and general prosperity; and
WHEREAS, the City of Anaheim has determined that a
legitimate local purpose is present in complying with the
provisions of the NPDES Permit; and
WHEREAS, a reduction in storm water borne pollution will
promote the public health and protect the general welfare of the
locality by reducing the level of artificial and naturally
occurring constituents, which may improve the quality of the
waters in this region; and
WHEREAS, the land use authority exercised by the City of
Anaheim pursuant to its Charter and applicable sections of the
California Government Code, i.e., §65302, requires regional
planning and the adoption of policies protecting the environment
through the imposition of reasonable conditions on the use of
land; and
WHEREAS, this Ordinance conforms to the policies and goals
of the General Plan adopted by the City of Anaheim, pursuant to
its Charter and to applicable sections of California Planning and
Zoning Law, for the protection of the portions of watersheds
located within Orange County by implementing measures to control
erosion and prevent the pollution of streams and other waters;
and
WHEREAS, certain provisions of this Ordinance may be
coordinated with the Local Coastal Program for inclusion in
Coastal Development Permits, pursuant to California Public
Resources Code §30607, as mitigation for the negative effects of
grading, construction, re -construction, and changes to the
intensity of use of land or water resources within the coastal
zone; and
WHEREAS, the Charter of the City of Anaheim and applicable
sections of the Subdivision Map Act, and California Government
Code §66411, authorize the City of Anaheim to regulate and
control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing
reasonable conditions on map approval; and
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WHEREAS, the Charter of the City of Anaheim, California
Constitution Article XI, §7 and Government Code §38660 authorize
the City to establish appropriate conditions for the issuance of
building permits, which require the installation of improvements
reasonably related to the proposed use of property; and
WHEREAS, Government Code §38771 authorizes the City to
declare as public nuisances undesirable acts which may injure
health or cause interference with the comfortable enjoyment of
life or property and to provide for the abatement of the same;
and
WHEREAS, the NPDES Permit requires that the City of Anaheim
(i) develop and implement storm water management programs and
implementation plans, (ii) enact legislation and ordinances as
necessary to ensure compliance with the storm water management
programs and implementation plans, (iii) pursue enforcement
actions as necessary to ensure compliance with storm water
management programs and implementation plans, (iv) prohibit
illicit and illegal discharges from entering the storm water
conveyance systems, subject only to specific exceptions, (v)
ensure adequate response to emergency situations, including
spills, leaks, and illicit or illegal discharges, and (vi)
develop and require implementation of best management practices
to ensure that pollution is reduced to the maximum extent
practicable; and
WHEREAS, the City of Anaheim may commence civil actions,
pursuant to Federal Clean Water Act §505(a), against any person
or any governmental agency acting in violation of any condition
of the NPDES Permit; and
WHEREAS, all industrial dischargers subject to the
provisions of the State General Industrial Storm Water Permit and
General Construction Activity Storm Water Permit (referred to
collectively herein as the "State General Permits") must comply
with the lawful requirements of the City of Anaheim, which
regulates discharges of storm water to the storm drain system
within its jurisdiction; and
WHEREAS, all industrial dischargers subject to the
provisions of the State General Permits are required to maintain
Storm Water Pollution Prevention Plans on-site and make them
available to the City of Anaheim; and
WHEREAS, all dischargers subject to the provisions of the
State General Construction Activity Storm Water Permit may be
required by the City of Anaheim, with the concurrence of the
Santa Ana or San Diego Regional Water Boards, to amend any Storm
Water Pollution Prevention Plan; and
WHEREAS, all industrial dischargers subject to the
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provisions of the State General Industrial Storm Water Permit are
required to maintain a description of the required monitoring
program on-site and make it available to the City of Anaheim for
inspection; and
WHEREAS, the City of Anaheim has jurisdiction over certain
storm water facilities and other watercourses within the City of
Anaheim, and the water discharges into these facilities may be
subject to the provisions of the State General Industrial Storm
Water Permit. Accordingly, the City may certify (but is not
required to certify) in writing that regulated dischargers have
developed and implemented effective Storm Water Pollution
Prevention Plans and should not be required to collect and
analyze storm water samples for pollutants; and
WHEREAS, the City of Anaheim has jurisdiction over certain
storm water facilities and other watercourses within the City of
Anaheim, and these facilities may receive storm water discharges
from properties and activities regulated under the provisions of
the State General Permits, and the City may request that the
regulated dischargers furnish information and records necessary
to determine compliance with the State General Permits; and
WHEREAS, the City of Anaheim has jurisdiction over certain
storm water facilities and other watercourses within the City of
Anaheim, and these facilities may receive storm water discharges
from properties and activities regulated under the provisions of
the State General Permits, and the City of Anaheim may, in
accordance with law, (i) enter upon the discharger's premises
where a regulated facility is located or where records must be
kept under the conditions of the State General Permits, (ii)
access and copy, at reasonable times, any records that must be
kept under the.conditions of the State General Permits, (iii)
inspect, at reasonable times, any facility or equipment related
to or impacting storm water discharge, and (iv) sample or monitor
for the purpose of ensuring compliance with the State General
Permits; and
WHEREAS, the enacting of this Ordinance is a condition of
the NPDES Permit, the requirements of which are exempt from the
California Environmental Quality Act pursuant to Public Resources
Code §§ 21000, et seq. and 21100, et sem ("CEQA"); and
WHEREAS, this Ordinance is subject to CEQA categorical
exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant
to the CEQA Guidelines, respectively, Title 14, California Code
of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307,
15308, 15309, 15321 and 15322;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN:
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SECTION 1.
That new Chapter 10.09 be, and the same is hereby, added to
Title 10 of the Anaheim Municipal Code to read as follow:
"Chapter 10.09
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
10.09.010 DEFINITIONS
.010 "Authorized Inspector" shall mean the Director of Public
Works/City Engineer, hereinafter "Director", and persons
designated and under the instruction and supervision of the
Director of Public Works/City Engineer who are assigned to
investigate compliance and detect violations of this
Ordinance.
.020 "City" shall mean the City of Anaheim, Orange County,
California.
.030 "Co -Permittee" shall mean the County of Orange, the Orange
County Flood Control District, and/or any one of the thirty-
one (31) municipalities, including the City of Anaheim,
which are responsible for compliance with the terms of the
NPDES Permit.
.040 "DAMP" shall mean the Orange County Drainage Area Management
Plan, as the same may be amended from time to time.
.050 "Development Project Guidance" shall mean DAMP Chapter VII
and the Appendix thereto, entitled Best Management Practices
for New Development Including Non -Residential Construction
Projects.
.060 "Director" shall mean the City of Anaheim Director of Public
Works/City Engineer or his or her designee.
.070 "Discharge" shall mean any release, spill, leak, pump, flow,
escape, leaching (including subsurface migration or
deposition to groundwater), dumping or disposal of any
liquid, semi-solid or solid substance.
.080 "Discharge Exception" shall mean the group of activities not
restricted or prohibited by this Ordinance, including only:
Discharges composed entirely of storm water,
discharges covered under current EPA or
Regional Water Quality Control Board issued
NPDES permits, or other waivers, permits or
approvals granted by an appropriate
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government agency, discharges to the Storm
Water Drainage System from potable water line
flushing, fire fighting activities, landscape
irrigation systems, diverted stream flows,
rising groundwater, and de minimis
groundwater infiltration to the Storm Water
Drainage System (from leaks in joints or
connections or cracks in water drainage pipes
or conveyance systems), discharges from
potable water sources such as passive
foundation drains, air conditioning
condensation and other building roof runoff,
agricultural irrigation water runoff, water
from crawl space pumps, passive footing
drains, lawn watering, non-commercial vehicle
washing at residences, flows from riparian
habitats and wetlands, dechlorinated swimming
pool discharges, public street wash waters
when related to cleaning and maintenance by,
or on behalf of, the City of Anaheim, and
discharges authorized pursuant to federal or
state laws or regulations.
The Discharge Exception shall not include discharges
resulting from active groundwater dewatering systems.
.090 "Domestic Sewage Exception" shall mean discharges which are
exceptions to this Ordinance and excluded from the
definition of Prohibited Discharge, as defined herein,
including only:
Discharges composed entirely of accidental
spills of untreated sanitary wastes (commonly
called domestic sewage) and other wastes, but
limited solely to wastes that are controlled
by and are within publicly owned wastewater
treatment system collection facilities
immediately prior to the accidental spill.
.100 "Enforcing Attorney" shall mean the City Attorney and/or his
or her designee, which counsel is authorized to take
enforcement action as described herein. For purposes of
criminal prosecution, only the City Attorney shall act as
the Enforcing Attorney.
.110 "EPA" shall mean the Environmental Protection Agency of the
United States.
.120 "Hearing Officer" shall mean the City Manager or his or her
designee, who shall preside at the administrative hearings
authorized by this Ordinance and issue final decisions on
the matters raised therein.
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.130 "Invoice for Costs" shall mean the actual costs and expenses
of the City of Anaheim, including but not limited to
administrative overhead, salaries and other expenses,
including attorneys' fees, recoverable under State law,
incurred during any Inspection conducted pursuant to Section
10.090.050 of this Ordinance, where a Notice of
Noncompliance, Administrative Compliance Order or other
enforcement option under Section 10.090.060 of this
Ordinance is utilized to obtain compliance with this
Ordinance.
.140 "Illicit Connection" shall mean any man-made conveyance or
drainage system, pipeline, conduit, inlet or outlet through
which the Discharge of any Pollutant to the Storm Water
Drainage System occurs or may occur. The term Illicit
Connection shall not include Legal Nonconforming Connections
or connections to the Storm Water Drainage System that are
hereinafter authorized by the agency with jurisdiction over
the system at the location at which the connection is made.
.150 "Legal Nonconforming Connection" shall mean connections to
the Storm Water Drainage System existing as of the adoption
of this Ordinance that were in compliance with all federal,
state and local rules, regulations, statutes and
administrative requirements in effect at the time the
connection was established.
.160 "Local Permit" shall mean a storm drain discharge permit
into City of Anaheim storm drains, issued by the Director on
application of the owner of private property or the operator
of any facility, for storm drain discharges not otherwise
controlled by permits issued by the State Water Quality
Control Boards or the State Water Resources Control Board.
.170 "Local General Permit" shall mean a Local Permit developed
by the Director for specific categories of activities which
are similar in operation and which may be subjected to
standardized requirements.
.180 "New Development" shall mean the construction or expansion
of more than 1,000 square feet of all public and private
residential (whether single family, multi -unit or planned
unit development), industrial, commercial, retail, and/or
other non-residential construction projects, or mass grading
for future construction, for which either a discretionary
land use approval, grading permit, or building permit is
required.
.190 "NPDES Permit" shall mean the municipal discharge permit[s]
issued by the Santa Ana and/or San Diego Regional Water
Quality Control Board[s] and entitled Waste Discharge
Requirements for the County of Orange, Orange County Flood
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Control District and the Incorporated Cities of Orange
County Within the Santa Ana Region Storm Water Runoff
Management Program (Areawide Urban Storm Water Runoff),
Orange County Order No. 90-71 (NPDES No. CA 8000180) (the
"Santa Ana Regional Board Permit") and/or Waste Discharge
Requirements for Storm Water and Urban Runoff from the
County of Orange, Orange County Flood Control District and
the Incorporated Cities of Orange County Within the San
Diego Region Storm Water Runoff Management Program (Areawide
Urban Storm Water Runoff), San Diego County Order No. 90-38
(NPDES No. CA 0108740) (the "San Diego Regional Board
Permit"). The Santa Ana Regional Board NPDES Permit and/or
the San Diego Regional Board NPDES Permit shall be referred
to [collectively] hereinafter as the "NPDES Permit";
.200 "Person" shall mean any natural person as well as any
corporation, partnership, government entity or subdivision,
trust, estate, cooperative association, joint venture,
business entity, or other similar entity, or the agent,
employee or representative of any of the above.
.210 "Pollutant" shall include but not be limited to 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, including but not limited to cadmium, lead,
zinc, copper, silver, nickel, chromium, and non-metal
elements, such as phosphorus and arsenic,
(4) Petroleum hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants and
grease),
(5) Excessive eroded soils, sediment and particulate
materials,
(6) Animal wastes, including but not limited to Discharge
from confinement facilities, kennels, pens and
recreational facilities, including, stables, show
facilities, or polo fields),
(7) Substances having characteristics such as a pH less
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than 6.5 or greater than 8.5, or unusual coloration, or
turbidity, or excessive levels of fecal coliform, fecal
streptococcus or enterococcus;
(8) Construction 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, acrylic
lacquer, acrylic urethane, 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),
including but not limited to calcium chloride, creosote
and creosote solutions, ammoniacal copper arsenate,
chromated copper arsenate,
(9) Materials causing an increase in biochemical oxygen
demand, chemical oxygen demand or total organic carbon,
(10) Materials which contain base/neutral or acid
extractible organic compounds,
(11) Those Pollutants defined in §1362(6) of the Federal
Clean Water Act.
(12) Any other constituent or material that may interfere
with or adversely affect the beneficial uses of the
receiving waters, flora or fauna of the State.
Standards for determining "excessive" amount of soils,
sediment, particulate matter, "excessive" herbicides,
pesticides and fertilizers, "excessive" fecal coliform,
fecal streptococcus or enterococcus, or other qualifying
measures or determinants shall be those levels determined to
be harmful to health and safety and/or those levels
specified in guidelines established by the Orange County
Environmental Management Agency and/or the Santa Ana
Regional Water Quality Control Board and/or the State Water
Resources Control Board, and/or any other federal, state or
local regulatory agencies with appropriate jurisdiction in
such matters.
The term "Pollutant" shall not include uncontaminated storm
water, potable water or reclaimed water generated by a
lawfully permitted water treatment facility.
.220 "Private Property" shall mean any real property,
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irrespective of ownership, which is not open to the general
public.
.230 "Prohibited Discharge" shall mean any Discharge, which is
not composed entirely of storm water or which contains any
Pollutant, from public or Private Property to (i) the Storm
Water Drainage System; (ii) any upstream flow, which is
tributary to the Storm Water Drainage System; (iii) any
groundwater, river, stream, creek, wash or dry weather
arroyo, wetlands area, marsh, coastal slough, or (iv) any
coastal harbor, bay, or the Pacific Ocean.
The term Prohibited Discharge shall not include: (a)
Discharges occurring in compliance with the NPDES Permit,
(b) Discharges occurring pursuant to a State General Permit
or other Regional Water Quality Control Board, State Water
Resources Control Board or U.S. Environmental Protection
Agency issued NPDES permit or permit waiver, (c) Discharges
authorized pursuant to a permit issued under Section
10.09.040 hereof, (d) Discharges allowable under the
Discharge Exception, or (e) Discharges allowable under the
Domestic Sewage Exception.
.240 "Responsible Party" shall mean the Person(s) identified in
and responsible for compliance with the provisions of a
water quality management plan approved by the City of
Anaheim Public Works Department.
.250 "Significant Redevelopment" shall mean the remodeling or
reconstruction of public or private residential (whether
single family, multi -unit or planned unit development),
industrial, commercial, retail, or other non-residential
structures, involving more than fifty percent (50%) of the
structure for which either a discretionary land use
approval, grading permit, or building permit is required.
.260 "State General Permit" shall mean either the State General
Industrial Storm Water Permit or the State General
Construction Permit and the terms and requirements of either
or both. In the event the U.S. Environmental Protection
Agency revokes the in -lieu permitting authority of the State
Water Resources Control Board, then the term State General
Permit shall also refer to any EPA administered storm water
control program for industrial and construction activities.
.270 "Storm Water Drainage System" shall mean street gutter,
channel, storm drain, constructed drain, lined diversion
structure, wash area, inlet, outlet or other facility, which
is a part of or tributary to the County -wide storm water
runoff system and owned, operated, maintained or controlled
by the County of Orange, the Orange County Flood Control
District or any Co -Permittee City, and used for the purpose
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of collecting, storing, transporting, or disposing of storm
water.
10.09.020 PROHIBITION OR ILLICIT CONNECTIONS AND PROHIBITED
DISCHARGES
.010 No Person shall:
(1) Construct, maintain, operate and/or utilize any Illicit
Connection.
(2) Cause, allow or facilitate any Prohibited Discharge.
(3) Act, cause, permit or suffer any agent, employee, or
independent contractor, to construct, maintain, operate
or utilize any Illicit Connection, or cause, allow or
facilitate any Prohibited Discharge.
.020 The prohibition against Illicit Connections shall apply
irrespective of whether the Illicit Connection was
established prior to the date of enactment of this
Ordinance; however, Legal Nonconforming Connections shall
not become Illicit Connections until the earlier of the
following:
(1) For all structural improvements to property installed
for the purpose of Discharge to the Storm Water
Conveyance System, the expiration of five (5) years
from the adoption of this Ordinance.
(2) For all nonstructural improvements to property
(including natural surface flow patterns, depressions
or channels traversing one or more properties) existing
for the purpose of Discharge to the Storm Water
_ Conveyance System, the expiration of six (6) months
following delivery of a notice to the owner or occupant
of the property, which states a Legal Nonconforming
Connection has been identified. The notice of a Legal
Nonconforming Connection shall state the date of
expiration of use under this Ordinance.
.030 A civil or administrative violation of Section 10.09.020.010
shall occur irrespective of the negligence or intent of the
violator to construct, maintain, operate or utilize an
Illicit Connection or to cause, allow or facilitate any
Prohibited Discharge.
.040 If an Authorized Inspector reasonably determines that a
Discharge, which is otherwise within the Discharge
Exception, may adversely affect the beneficial uses of
receiving waters, then the Authorized Inspector may give
written notice to the owner of the property or facility that
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the Discharge Exception shall not apply to the subject
Discharge following expiration of the thirty (30) day period
commencing upon delivery of the notice. Upon expiration of
the thirty (30) day period any such Discharge shall
constitute a violation of Section 10.09.020.010.
.050 The owner or occupant of property on which a Legal
Nonconforming Connection exists may request an
administrative hearing, pursuant to the procedures set forth
in Sections 10.09.060.010 (6)-(10) for an extension of the
period allowed for continued use of the connection. A
reasonable extension of use may be authorized by the
Director upon consideration of the following factors:
(1) The potential adverse effects of the continued use of
the connection upon the beneficial uses of receiving
waters;
(2) The economic investment of the discharger in the Legal
Nonconforming Connection; and
(3) The financial effect upon the discharger of a
termination of the Legal Nonconforming Connection.
10.09.030 CONTROL OF URBAN RUNOFF
.010 New Development and Significant Redevelopment.
(1) Beginning January 12, 1995 and continuing thereafter,
all New Development and Significant Redevelopment
within the City of Anaheim shall be undertaken in
accordance with:
(i) A water quality management plan, which shall be
prepared in accordance with the Development
Project Guidance, as defined herein; and
(ii) Any conditions and requirements established by
the Public Works Department, which are reasonably
related to the reduction or elimination of
Pollutants in storm water runoff from the project
site.
(2) Prior to the issuance by the City of Anaheim of a
grading permit, building permit and/or conditional use
permit for any New Development or Significant
Redevelopment, the property owner shall submit to and
obtain the approval of the Public Works Department of a
water quality management plan. If the New Development
or Significant Redevelopment will be approved without
application for a grading permit, building permit or
conditional use permit, the property owner shall submit
to and obtain the approval of the Public Works
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Department of a water quality management plan prior to
the issuance of a discretionary land use approval or,
at the City's discretion, prior to recordation of a
subdivision map.
(3) Notwithstanding the foregoing Sections 10.09.050.010
(1) and 10.09.050.010 (2) where only one single family
detached residence is to be constructed, a water
quality management plan shall not be required unless
the City of Anaheim Public Works Department determines
that the construction may result in the Discharge of
significant levels of a Pollutant into a tributary to
the Storm Water Drainage System.
(4) Compliance with the conditions and requirements of a
water quality management plan shall not exempt any
Person from the requirement to independently comply
with each provision of this Ordinance.
(5) If the Director determines that the project will have a
de minimis impact on the quality of storm water runoff,
it may issue a written waiver of the requirement for
preparation and approval of a water quality management
plan.
(6) The Director may determine that a water quality
management plan is required for ongoing operations. If
such a determination is made, the applicant must obtain
an Operational Discharge Permit from the City after the
construction phase is completed, and must maintain this
permit during the life of the operation of the project.
(7) Each water quality management plan shall name a
Responsible Party for the project.
(8) The owner of a New Development or Significant
Redevelopment project, their successors and assigns,
and each named Responsible Party, shall implement and
adhere to the terms, conditions and requirements of the
approved water quality management plan.
(i) Each day the owner of the property, their
successors or assigns, or a named Responsible Party
fails to implement and adhere to the terms, conditions
and requirements of an approved water quality
management plan shall constitute a separate violation
of this Ordinance.
(9) The City Public Works Department may require that the
water quality management plan be recorded with the
County Recorder's office by the property owner. The
signature of the owner of the property, any successive
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owner or the named Responsible Party shall be
sufficient for the recording of the plan or any revised
plan and a signature on behalf of the City shall not be
required for recordation.
.020 Cost Recovery.
The costs and expenses of the City Public Works Department,
as established by Resolution, incurred in the review,
approval, or revision of any water quality management plan
shall be assessed to the property owner or Responsible Party
and shall be due and payable to the City.
The City Public Works Department may elect to require a
deposit of estimated costs and expenses, in accordance with
said Resolution, and the actual costs and expenses shall be
deducted from the deposit, and the balance, if any, refunded
to the property owner or Responsible Party.
10.09.040 PERMITS
.010 Local Discharge Permit Procedure.
(1) Local Discharge Permit. On application of the owner of
Private Property or the operator of any facility, which
property or facility is not otherwise subject to obtaining a
State General Permit, or State Project Specific Permit, the
Director may issue a Local Discharge Permit (hereinafter
"Local Permit") authorizing the release of non -storm water
discharges to the Storm Water Drainage System if:
(i) The discharge of material or constituents is
reasonably necessary for the conduct of otherwise
.legal activities on the property, and
(ii) The discharge will not cause a nuisance, impair
the beneficial uses of receiving waters, or cause
any reduction in established water quality
standards.
(2) Application. The applicant shall provide all
information requested by the Director for review and
consideration of the application, including but not limited
to specific detail as to the activities to be conducted on
the property, plans and specifications for facilities
located on the property, identification of equipment or
processes to be used on-site and other information as may be
requested in order to determine the constituents, and
quantities thereof, which may be discharged if permission is
granted.
(3) Local Permit Issuance. The permit shall be granted or
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denied by the Director not later than sixty (60) business
days following the completion and acceptance of the
application as determined by the Director.
(i) The applicant shall be notified in Person or by
first-class mail, postage prepaid, of the action
taken.
(4) Local Permit Conditions. The permit may include terms,
conditions and requirements to ensure compliance with the
objectives of this Ordinance and as necessary to protect the
receiving waters, including but not limited to:
(i) Identification of the discharge location on the
property and the location at which the discharge
will enter the Storm Water Drainage System;
(ii) Identification of the constituents and quantities
thereof to be discharged into the Storm Water
Drainage System;
(iii) Specification of pollution prevention techniques
and structural or non-structural control
requirements as reasonably necessary to prevent
the occurrence of potential discharges in
violation of this Ordinance;
(iv) Requirements for self-monitoring of any
Discharge;
(v) Requirements for submission of documents or data,
such as technical reports, production data,
discharge reports, self-monitoring reports and
waste manifests; and
(vi) Other terms and conditions appropriate to ensure
compliance with the provisions of this Ordinance
and the protection of receiving waters, including
requirements for compliance with best management
practices guidance documents approved by any
federal, State of California or regional agency.
.020 Local General Permit.
In the discretion of the Director, the Local Permit may, in
accordance with the conditions identified in Section
10.09.040.010 (4) hereinabove, be prepared as a general
permit applicable to a specific category of activities
(hereinafter "Local General Permit"). If a Local General
Permit is issued, any person intending to discharge within
the scope of the authorization provided by the Local General
Permit may do so by filing an application to discharge with
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the Director. No discharge within the scope of the Local
General Permit shall occur until such application is so
filed.
(i) Notwithstanding the foregoing in this subsection
10.09.040.020, the Director, at his/her
discretion, may eliminate the requirement that an
application for a Local General Permit be filed
for any specific activity for which a Local
General Permit has been issued.
.030 Permit Fees. The permission to discharge shall be
conditioned upon the applicant's payment of the City's
costs, in accordance with a fee schedule adopted by separate
resolution, as follows:
(i) For individually issued permits, the costs of
reviewing the permit application, preparing and
issuing the permit, inspecting the operation, and
the costs reasonably related to administering this
permit program.
(ii) For general permits, the costs of reviewing the
permit application, that portion of the costs of
preparing the general permit which is reasonably
attributable to the permittee's application for
the general permit, the costs of inspecting the
operation and the costs reasonably related to
administering the general permit program.
.040 Permit Suspension, Revocation or Modification.
(1) The Director may suspend or revoke any Local Permit
when it is determined that:
(i) The permittee has violated any term, condition or
requirement of the Local Permit or any applicable
provision of this Ordinance; or
(ii) The permittee's Discharge or the circumstances
under which the Discharge occurs have changed so
that it is no longer appropriate to except the
Discharge from the prohibitions on Prohibited
Discharge contained within this Ordinance; or
(iii) The permittee fails to comply with any schedule
for compliance issued pursuant to this Ordinance;
or
(iv) Any regulatory agency, including EPA or a Regional
Water Quality Control Board having jurisdiction
over the Discharge, notifies the City that the
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Discharge should be terminated.
(2) The Director may modify any Local Permit when it is
determined that:
(i) Federal or state law requirements have changed in
a manner that necessitates a change in the permit,
or
(ii) The permittee's discharge or the circumstances
under which the discharge occurs have changed so
that it is appropriate to modify the permit's
terms, conditions or requirements, or
(iii) A change to the permit is necessary to ensure
compliance with the objectives of this ordinance
or to protect the quality of receiving waters.
The Permittee shall be informed of any change in the
Local Permit terms and conditions at least forty-five
(45) business days prior to the effective date of the
modified permit.
(3) The determination that a Local Permit shall be denied,
suspended, revoked or modified may be appealed by a
permittee pursuant to the same procedures applicable to
appeal of an Administrative Compliance Order hereunder.
In the absence of a judicial order to the contrary, the
permittee may continue to discharge pending issuance of
the final administrative decision by the Hearing
Officer.
.050 Local Permit Enforcement --Penalties.
Any violation of the terms, conditions and requirements of
any Local Permit issued by the. Director shall constitute a
violation of this Ordinance and subject the violator to the
administrative, civil and criminal remedies available under
this Ordinance and under applicable laws.
.060 Compliance with Laws.
Compliance with the terms, conditions and requirements of a
Local Permit issued pursuant to this Ordinance shall not
relieve the permittee from compliance with all federal,
state and local laws, regulations and permit requirements,
applicable to the activity for which the permit is issued.
.070 Limited Permittee Rights.
Local Permits issued under this Ordinance are for the Person
or entity identified therein as the "Permittee" only, and
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authorize the specific operation at the specific location
identified in the permit. The issuance of a Local Permit
does not vest the permittee with a continuing right to
Discharge.
.080 Transfer of Local Permits.
No Local Permit may be transferred to allow:
(i) A Discharge to the Storm Water Drainage System at
a location other than the location stated in the
original permit, or
(ii) A Discharge by a Person or entity other than the
permittee named in the permit, provided however,
that the City may approve a transfer if written
approval is obtained, in advance, from the
Director of Public Works/City Engineer, or his or
her designee.
10.09.050 INSPECTIONS
.010 Scope of Inspections.
(1) Right to Inspect. Except as otherwise provided by law,
prior to commencing any inspection as hereinbelow
authorized, the Authorized Inspector shall obtain either the
consent of the owner or occupant of the Private Property or
obtain an administrative inspection warrant or a search
warrant. Requesting and obtaining a permit relating to
storm water discharge, shall constitute consent to the
Authorized Inspector to enter applicant's or permittee's
property for the purpose of inspection to determine
compliance with the permit, at any time without prior
notice.
(2) Entry to Inspect. Whether or not a permit has been
issued, an Authorized Inspector or any other individual
authorized by law may enter Private Property without a
warrant and without permission or consent to investigate the
source of_ any Discharge to any public street, inlet, gutter,
storm drain or the Storm Water Drainage System located
within the jurisdiction of the City of Anaheim.
(3) Compliance Assessments. The Authorized Inspector may
inspect Private Property for the purpose of verifying
compliance with this ordinance, including but not limited to
(i) identifying products produced, processes conducted,
chemicals used and materials stored on or contained within
the property, (ii) identifying point(s) of discharge of all
wastewater, process water systems and Pollutants, (iii)
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investigating the natural slope at the location, including
drainage patterns and man-made conveyance systems, (iv)
establishing the location of all points of discharge from
the Private Property, whether by surface runoff or through a
storm drain system, (v) locating any Illicit Connection or
the source of Prohibited Discharge, (vi) evaluating
compliance with any water quality management plan, (vii)
evaluating compliance with any permit issued pursuant to
Section 10.09.040 hereof, and (viii) investigating the
condition of any Legal Nonconforming Connection.
(4) Portable Equipment. For purposes of verifying
compliance with this Ordinance, the Authorized Inspector may
inspect any vehicle, truck, trailer, tank truck or other
mobile equipment, without a warrant and without permission
or consent.
_ (5) Records Review. The Authorized Inspector may inspect
all records of the owner or occupant of Private Property
relating to chemicals or processes presently or previously
occurring on-site, including material and/or chemical
inventories, facilities maps or schematics and diagrams,
Material Safety Data Sheets, hazardous waste manifests,
business plans, pollution prevention plans, State General
Permits, Storm Water Pollution Prevention Plans, Monitoring
Program Plans and any other record(s) relating to Illicit
Connections, Prohibited Discharges, a Legal Nonconforming
Connection or any other source of contribution or potential
contribution of Pollutants to the Storm Water Drainage
System.
(6) Sample & Test. The Authorized Inspector may inspect,
sample and/or test, or cause to be inspected, sampled and/or
tested any area runoff, soils area (including groundwater
testing), process discharge, materials within any waste
storage area (including any container contents), and/or
treatment system discharge for the purpose of determining
the potential for contribution of pollutants to the Storm
Water Drainage System. The Authorized Inspector may
investigate the integrity of all storm drain and sanitary
sewer systems, any Legal Nonconforming Connection or other
pipelines on the property using appropriate tests, including
but not limited to smoke and dye tests or video surveys.
The Authorized Inspector may take photographs or video tape,
make measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
(7) Monitoring. The Authorized Inspector may erect and
maintain monitoring devices for the purpose of measuring any
Discharge or potential source of Discharge to the Storm
Water Drainage System. Said monitoring shall apply to any
or all successors in interest to the property affected by
the monitoring.
(8) Test Results. The owner or occupant of property
subject to inspection shall, on submission of a written
request, receive copies of all monitoring and test results
conducted by the Authorized Inspector.
10.09.060 ENFORCEMENT
.010 Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may
deliver to the owner or occupant of any Private Property, or
to any Person responsible for an Illicit Connection or
Prohibited Discharge a Notice of Noncompliance. The Notice
of Noncompliance shall be delivered in accordance with
Section 10.09.060.010 (5) of this Ordinance.
(i) The Notice of Noncompliance shall identify the
provision(s) of this Ordinance, the applicable
water quality management plan or permit which have
been violated. The Notice of Noncompliance shall
state that continued noncompliance may result in
additional enforcement actions against the owner,
occupant and/or Person.
(ii) The Notice of Noncompliance shall state a
compliance date that must be met by the owner,
occupant and/or Person; provided, however, that
the compliance date may not exceed ninety (90)
days unless the Authorized Inspector extends the
compliance deadline an additional ninety (90) days
where good cause exists for the extension.
(2) Administrative Compliance Orders.
(i) The Authorized Inspector may issue an
Administrative Compliance Order. The
Administrative Compliance Order shall be delivered
in accordance with Section 10.09.060.010 (5) of
this Ordinance. The Administrative Compliance
Order may be issued to:
(a) The owner or occupant of any Private Property
requiring abatement of conditions on the
property that cause or may cause a Prohibited
Discharge or an Illicit Connection in
violation of this Ordinance;
(b) The owner of Private Property or a
Responsible Party subject to the requirements
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of any water quality management plan to
ensure implementation of and adherence to the
terms, conditions and requirements of the
plan;
(c) A permittee subject to the requirements of
any permit issued pursuant to Section
10.09.040 hereof to ensure compliance with
the terms, conditions and requirements of the
permit.
(d) Any Person responsible for an Illicit
Connection or Prohibited Discharge.
The Administrative Compliance Order may include,
but is not limited to, the following terms and
requirements:
(a) Specific steps and time schedules for
compliance as reasonably necessary to prevent
threatened or future unauthorized discharges,
including but not limited to the threat of a
Prohibited Discharge from any pond, pit,
well, surface impoundment, holding or storage
area;
(b) Specific steps and time schedules for
compliance as reasonably necessary to
discontinue any Illicit Connection;
(c) Specific requirements for containment,
cleanup, removal, storage, installation of
overhead covering, or proper disposal of any
Pollutant having the potential to contact
storm water runoff;
(d) Any other terms or requirements reasonably
calculated to prevent continued or threatened
violations of this Ordinance, including, but
not limited to requirements for compliance
with best management practices guidance
documents promulgated by any Federal, State
of California, County of Orange, or regional
agency;
(e) Any other terms or requirements reasonably
calculated to achieve full compliance with
the terms, conditions and requirements of any
water quality management plan, or permit
issued pursuant hereto.
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(3) Cease and Desist Orders.
(i) The Authorized Inspector may issue a Cease and
Desist Order. A Cease and Desist Order shall be
delivered in accordance with Section 10.09.060.010
(5) of this Ordinance. A Cease and Desist Order
may direct the owner or occupant of any Private
Property and/or other Person responsible for a
violation of this Ordinance to:
(a) Immediately discontinue any Illicit
(ii) The Authorized Inspector may direct by Cease and
Desist Order that the owner of any Private
Property, the Responsible Party subject to the
terms and conditions of any water quality
management plan, or any permittee under any permit
issued pursuant to Section 10.09.040 hereof:
(a) Immediately cease any activity not in
compliance with the terms, conditions and
requirements of the applicable water quality
management plan or permit.
(4) Recovery of Costs. The Authorized Inspector may
deliver to the owner or occupant of any Private
Property, any permittee or any Responsible Party, or
any other Person who becomes subject to a notice of
noncompliance or administrative order, an Invoice for
Costs, including attorneys' fees. An Invoice for Costs
shall be delivered in accordance with Section
10.09.060.010 (5) of this Ordinance. An Invoice for
Costs shall be immediately due and payable to the City
for the actual costs, including attorneys' fees,
incurred by the City in issuing and enforcing any
notice or order.
(i) If any owner or occupant, permittee or Responsible
Party, or any other Person fails to either pay the
Invoice for Costs or appeal successfully the
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Connection or Prohibited Discharge
to the
Storm Water Drainage System;
(b)
Immediately contain or divert any
flow of
water off the property, where the
flow is
occurring in violation of any provision of
this Ordinance;
(c)
Immediately discontinue any other
violation
of this Ordinance.
(d)
Clean up the area affected by the
violation.
(ii) The Authorized Inspector may direct by Cease and
Desist Order that the owner of any Private
Property, the Responsible Party subject to the
terms and conditions of any water quality
management plan, or any permittee under any permit
issued pursuant to Section 10.09.040 hereof:
(a) Immediately cease any activity not in
compliance with the terms, conditions and
requirements of the applicable water quality
management plan or permit.
(4) Recovery of Costs. The Authorized Inspector may
deliver to the owner or occupant of any Private
Property, any permittee or any Responsible Party, or
any other Person who becomes subject to a notice of
noncompliance or administrative order, an Invoice for
Costs, including attorneys' fees. An Invoice for Costs
shall be delivered in accordance with Section
10.09.060.010 (5) of this Ordinance. An Invoice for
Costs shall be immediately due and payable to the City
for the actual costs, including attorneys' fees,
incurred by the City in issuing and enforcing any
notice or order.
(i) If any owner or occupant, permittee or Responsible
Party, or any other Person fails to either pay the
Invoice for Costs or appeal successfully the
22
Invoice for Costs in accordance with Section
10.09.060.010(6), then the Enforcing Attorney or
City Attorney, may institute collection
proceedings.
(ii) The Director may elect to institute collection
proceedings in small claims court, in which case,
the matter will be handled by the Director of
Public Works/City Engineer or his or her designee.
(5) Delivery of Notice. Any Notice of Noncompliance,
Administrative Compliance Order, Cease and Desist Order
or Invoice of Costs to be delivered pursuant to the
requirements of this Ordinance shall be subject to the
following:
(i) The notice shall state that the recipient has a
right to appeal the matter as set forth in
Sections 10.09.060.010(6) through Section
10.09.060.010(10). of this Ordinance.
(ii) Delivery shall be deemed complete upon (a)
personal service to the recipient; (b) deposit in
the U.S. mail, postage pre -paid for first class
delivery; or (c) facsimile service with
confirmation of receipt.
(iii) Where the recipient of notice is the owner of the
property, the address for notice shall be the
address from the most recently issued equalized
assessment roll for the property or as otherwise
appears in the current records of the City.
(iv) Where the owner or occupant of any Private
~` Property cannot be located after reasonable
efforts of the Authorized Inspector, or his or her
designee, a Notice of Noncompliance or Cease and
Desist Order shall be deemed delivered after
posting on the property for a period of ten (10)
business days.
(6) Administrative Hearing for Notices of Noncompliance,
Administrative Compliance Orders, Invoices for Costs
and Adverse Determinations. Any Person receiving a
Notice of Noncompliance, Administrative Compliance
Order, a notice of Legal Nonconforming Connection, an
Invoice for Costs, or any Person who is subject to any
adverse determination made pursuant to this Ordinance,
may appeal the matter by requesting an administrative
hearing. Administrative hearings for Cease and Desist
Orders and Emergency Abatement Actions are governed by
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Section 10.09.060.010(8) hereinbelow.
(7) Request for Administrative Hearing. Any person
appealing a Notice of Noncompliance, an Administrative
Compliance Order, a Notice of Legal Nonconforming
Connection, an Invoice for Costs or an adverse
determination shall, within thirty (30) days after
delivery of the said Notice, Order, Invoice or adverse
determination, file a written request for an
administrative hearing, accompanied by an
administrative hearing fee as established by separate
resolution, with the Office of the City Clerk, with a
copy of the request for administrative hearing mailed
on the date of filing to the Director and the City
Attorney.
Thereafter, a hearing on the matter shall be held
before the Hearing Officer within forty-five (45)
l business days of the date of filing of the written
request unless, in the reasonable discretion of the
Hearing Officer and pursuant to a written request by
the appealing party, a continuance of the hearing is
granted.
(8) Administrative Hearing for Cease and Desist Orders and
Emergency Abatement Actions. An administrative hearing
shall be held within five (5) business days following
the issuance of a Cease and Desist Order or following
an emergency action or abatement, unless the conduct of
the hearing or the time requirement for the hearing is
waived in writing by the party subject to the Cease and
Desist Order or the emergency abatement. A request for
an administrative hearing shall not be required from
the Person subject to the Cease and Desist Order or the
emergency abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall
appear in support of the notice, order, determination,
Invoice for Costs or emergency abatement action, and
the appealing party shall appear in support of
withdrawal of the notice, order, determination, Invoice
for Costs, or in opposition to the emergency abatement
action. The City shall have the burden of supporting
any enforcement or other action by a preponderance of
the evidence. Each party shall have the right to
present testimony and other documentary evidence as
necessary for explanation of the case.
(10) Final Decision and Appeal. With the exception of a
Cease and Desist Order or where an emergency abatement
action has taken place, the final decision of the
Hearing Officer shall issue within ten (10) business
24
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days of the conclusion of the hearing and shall be
delivered by first-class mail, postage prepaid, to the
appealing party. The final decision shall include
notice that any legal challenge to the final decision
shall be made pursuant to the provisions of Code of
Civil Procedure §§ 1094.5 and 1094.6 and shall be
commenced within ninety (90) days following
(i) Where the validity of a Cease and Desist Order is
involved or where an emergency abatement action
has taken place, the final decision of the Hearing
Officer shall be mailed within five (5) business
days following the conclusion of the hearing.
(11) City Abatement. In the event the owner of Private
Property, the operator of a facility, a permittee, a
Responsible Party, or any other Person fails to comply
with any provision of a compliance schedule issued
pursuant to this Ordinance, the Authorized Inspector
may request the Enforcing Attorney to obtain an
abatement warrant or other appropriate judicial
authorization to enter the property, abate the
condition and restore the area. Any costs incurred by
the City in obtaining and carrying out an abatement
warrant or other judicial authorization may be
recovered pursuant to Section 10.09.060.020(4).
.020 Nuisance Abatement
Any condition in violation of the prohibitions of this
Ordinance, including but not limited to the maintenance or
use of any Illicit Connection or the occurrence of any
Prohibited Discharge, shall constitute a threat to the
public health, safety and welfare, and is declared and
deemed a nuisance pursuant to Government Code 538771.
(1) Court Order to Enjoin or Abatement. At the request of
the Director, the Enforcing Attorney may seek a court order
to enjoin and/or abate the nuisance.
(2) Notice to Owner and Occupant. Prior to seeking a court
order to enjoin or abate a nuisance or threatened nuisance,
the Director shall provide notice of the proposed injunction
or abatement to the owner and occupant, if any, of the
property where the nuisance or threatened nuisance is
occurring.
(3) Emergency Abatement. In the event the nuisance
constitutes an imminent danger to public safety or the
environment, the Director may enter the property from which
the nuisance emanates, abate the nuisance and restore any
property affected by the nuisance, without prior notice to
25
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or consent from the owner or occupant thereof and without
judicial warrant.
(i) An imminent danger shall include, but is not
limited to, exigent circumstances created by the
dispersal of Pollutants, where the same presents a
significant and immediate threat to the public
safety or the environment.
(ii) Notwithstanding the authority of the City to
conduct an emergency abatement action, an
administrative hearing pursuant to Section
10.09.060.010(8) hereinabove shall follow the
abatement action.
(4) Reimbursement of Costs. All costs incurred by the City
in responding to any nuisance, all administrative
expenses, including attorneys' fees and all other
expenses recoverable under State law, shall be
recoverable from the Person(s) creating, causing,
committing or maintaining the nuisance.
(5) Nuisance Lien. All costs shall become a lien against
the property from which the nuisance emanated and a
personal obligation against the owner thereof in
accordance with Government Code §38773.1 and §38773.5.
The owner of record of the property subject to any lien
shall be given notice of the lien prior to recording as
required by Government Code §38773.1.
(i) At the request of the Director of Public
Works/City Engineer, the Enforcing Attorney is
authorized to collect nuisance abatement costs or
enforce a nuisance lien in an action brought for a
money judgement or by delivery to the County Assessor
of a special assessment against the property in accord
with the conditions and requirements of Government Code
§38773.5.
.030 Criminal Sanctions.
(1) Prosecutor. The City Attorney may act on the request
of the Director to pursue enforcement actions in accordance
with the provisions of this Ordinance.
(2) Infractions. Any Person who may otherwise be charged
with or cited for a misdemeanor under this Ordinance may, at
the discretion of the prosecuting attorney, be charged with
an infraction punishable by a fine of not more than $100 for
a first violation, $200 for a second violation, and a fine
not exceeding $500 for each additional violation occurring
within one year.
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(3) Misdemeanors. Any Person who negligently or knowingly
violates any provision of this Ordinance, undertakes to
conceal any violation of this Ordinance, continues any
violation of this Ordinance after notice thereof, or
violates the terms, conditions and requirements of any water
quality management plan or permit, shall be guilty of a
misdemeanor punishable by a fine of not more than $1000 or
by imprisonment for a period of not more than six months, or
both.
.040 Citations.
Pursuant to Penal Code §836.5, the Code Enforcement Officer
and/or a police officer shall have the authority to cause
the arrest of any Person committing a violation of this
Ordinance. The Person may be released and issued a citation
to appear before a magistrate in accordance with Penal Code
§853.5, §853.6, and §853.9, unless the Person demands to be
taken before a magistrate. Following issuance of any
citation the Authorized Inspector shall refer the matter to
the City Attorney.
.050 Consecutive Violations.
Each day in which a violation occurs and each separate
failure to comply with either a separate provision of this
Ordinance, an Administrative Compliance Order, a Cease and
Desist Order, an applicable water quality management plan,
or a permit issued pursuant to this Ordinance, shall
constitute a separate violation of this Ordinance punishable
in accordance herewith.
.060 Non-exclusive Remedies.
Each and every remedy available for the enforcement of this
Ordinance shall be non-exclusive and it is within the
discretion of the Authorized Inspector or City Attorney to
seek cumulative remedies.
.070 Violations of Other Laws.
Any Person acting in violation of this Ordinance also may be
acting in violation of the Federal Clean Water Act or the
State Porter -Cologne Act and other laws and also may be
subject to sanctions including civil liability.
Accordingly, the City Attorney is authorized to file a
citizen suit pursuant to Federal Clean Water Act §505(a),
seeking penalties, damages, and orders compelling
compliance, and other appropriate relief. The City Attorney
may notify EPA Region IX, the Santa Ana or San Diego
Regional Water Quality Control Boards, or any other
appropriate state or local agency, of any alleged violation
27
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of this Ordinance.
.080 Injunctions.
At the request of the Director, the City Attorney may cause
the filing in a court of competent jurisdiction of a civil
action seeking an injunction against any threatened or
continuing noncompliance with the provisions of this
Ordinance.
(1) Order for Reimbursement. Any temporary, preliminary or
permanent injunction issued pursuant hereto may include
an order for reimbursement to the City of all costs
incurred in enforcing this Ordinance, including costs
of inspection, investigation and monitoring, the costs
of abatement undertaken at the expense of the City,
attorneys fees, costs relating to restoration of the
environment and all other expenses as authorized by
law.
.090 Other Civil Remedies.
(1) The Director of Public Works/City Engineer may request
the City Attorney to file an action for civil damages
in a court of competent jurisdiction seeking recovery
of (i) all costs incurred in enforcement of the
Ordinance, including but not limited to costs relating
to investigation, sampling, monitoring, inspection,
administrative expenses, attorneys fees, all other
expenses as authorized by law, and consequential
damages, (ii) all costs incurred in mitigating harm to
the environment or reducing the threat to human health,
and (iii) damages for irreparable harm to the
environment.
(2) The City Attorney is authorized to file actions for
civil damages resulting from any trespass or nuisance
occurring on public land or to the Storm Water Drainage
System from any violation of this Ordinance where the
same has caused damage, contamination or harm to the
environment, public property or the Storm Water
Drainage System.
(3) The remedies available to the City pursuant to the
provisions of this Ordinance shall not limit the right
of the City to seek any other remedy that may be
available by law.
10.09.070 INTERAGENCY COOPERATION
.010 The Federal Clean Water Act authorizes the NPDES Permit for
the Orange County area and provides for cooperative
implementation of requirements and interagency allocations
of program resources and burdens. The coordinated effort of
the County and the Co -Permittees is reflected in the
National Pollutant Discharge Elimination System Permit
Implementation Agreement Santa Ana/San Diego Regions, the
NPDES Permits, the DAMP, this Ordinance, the Appendices to
the DAMP, including, but not limited to, the Development
Project Guidance, monitoring and data collection cooperation
and regular emergency and spill response planning
activities.
.020 The City may elect to contract for the services of any
public agency or private enterprise to carry out the
planning approvals, inspections, permits and enforcement
authorized by this Ordinance.
10.09.080 MISCELLANEOUS
.010 Compliance Disclaimer.
Full compliance by any Person or entity with the provisions
of this Ordinance shall not preclude the need to comply with
other local, state or federal statutory or regulatory
requirements, which may be required for the control of the
discharge of pollutants into storm water and/or the
protection of storm water quality.
.020 Repeal of Prior Ordinance.
The enactment of this Ordinance by City shall repeal the
provisions of Anaheim Municipal Code Sections 10.08.060,
10.08.060.10 and 10.08.060.020.
10.09.090 JUDICIAL REVIEW
.010 The provisions of § 1094.5 and § 1094.6 of the Code of Civil
Procedure set forth the procedure for judicial review of any
act taken pursuant to this Ordinance. Parties seeking
judicial review of any action taken pursuant to this
Ordinance shall file such action within ninety (90) days of
the occurrence of the event for which review is sought.
SECTION 2. REPEAL OF SECTION 10.08.060
Section 10.08.060 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code is hereby repealed.
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SECTION 3: SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, by declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations and not as new enactments.
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This ordinance shall become effective thirty (30) days from
and after the date of its adoption by the City Council. The City
Clerk shall cause this ordinance to be published at least once in
the official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCE is approved by adopted by the City
Council of the City of Anaheim this 13th day of December, 1994.
C 7��v
-- �//K"
MAYO -k' -6F THE C71Y OF A 0
HEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
30
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5463 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th
day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 13th day of December, 1994, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5463 on the
13th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5463 and was published once in the North Orange County News on the 22nd day of
December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM