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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 i 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 E I 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 3 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: 4 L 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 5 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. 2.1 I .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 7 I 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 51 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, 9 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 10 I 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 11 I 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 12 i 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 13 a 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 14 I 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 15 A 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 16 a 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 17 I 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) M a 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 20 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. 21 i (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 22 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 23 I 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 [1 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 I 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. 26 I (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 I 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. 29 I 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