HomeMy WebLinkAbout2003-03-11 - ORDINANCES - AMEND MC STRMWATER NPDES (3)ORDINANCE NO. 03-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH
AND SAFETY AND CITY PROPERTY BY CONTROLLING DISCHARGES OF
POLLUTANTS AND PROHIBITING ILLICIT DISCHARGES AND ILLICIT
CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM AND
WATERS OF THE UNITED STATES BY AMENDING CHAPTER 10.04 OF TITLE 10 OF
THE SANTA CLARITA MUNICIPAL CODE BY REPLACING IT IN ITS ENTIRETY
WITH NEW CHAPTER 10.04 "STORMWATER AND URBAN RUNOFF
POLLUTION CONTROL"
WHEREAS, the 1972 amendments to the Federal Water Pollution Control Act
(referred to as the Clean Water Act or "CWA"), 33 U.S.C. §§ 1251-1387, prohibit the discharge
of any Pollutant to waters of the United States from a point source unless the discharge is
authorized by a permit issued pursuant to the National Pollutant Discharge Elimination
System ("NPDES") required by CWA § 402,33 U.S.C. § 1342; and
WHEREAS, Municipal Separate Storm Sewer Systems ("MS4s") which convey urban
runoff, including, but not limited to Stormwater runoff, are within the definition of point
sources under the CWA; and
WHEREAS, pursuant to the CWA, the United States Environmental Protection
Agency ("US EPA") has defined the term "Municipal Separate Storm Sewer System" to mean a
conveyance, or system of conveyances, including roads with drainage systems, municipal
streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for
collecting Stormwater; and
WHEREAS, CWA § 402(p) requires that the City obtain a permit for Stormwater and
urban discharges through the City's MS4; and
WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall
require controls to reduce the discharge of Pollutants to the maximum extent practicable,
including management practices and such other provisions as may be appropriate for the
control of Pollutants; and
WHEREAS, the US EPA, in partial implementation of § 402(p) of the Federal Clean
Water Act, 33 U.S.C. § 1344(p); has adopted final rules, known as the "Phase I and Phase II
Stormwater Regulations" at several places in Parts 9, 122, 123, and 124 of Title 40 of the
Code of Federal Regulations ("CFR"), and
WHEREAS, in partial implementation of § 402(p) of the Federal Clean Water Act,
33 U.S.C. § 1344(p); the Phase I Stormwater Regulations and the California Water Code,
the California Regional Water Quality Control Board — Los Angeles ("RWQCB-LA") issued
a National Pollutant Discharge Elimination System ("NPDES") Permit and Waste
Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within
the County of Los Angeles, Regional Board Order No. 96-054, NPDES No. CAS614001 (the
Ordinance No. 03-5
Page 2
"1996 Permit"), on July 15, 1996 to each City in Los Angeles County, including the City of
Santa Clarita; and
WHEREAS, pursuant to the 1996 Permit, and in partial implementation of § 402(p)
of the Federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I and Phase II Stormwater
Regulations and the California Water Code, the RWQCB-LA Board adopted Resolution
No. R-00-02, approving and directing the Executive Officer of the RWQCB-LA to issue a
Standard Urban Stormwater Mitigation Plan for Municipal Stormwater And Urban Runoff
Management Programs in Los Angeles County setting forth the requirements to be
implemented by all jurisdictions discharging stormwater under the 1996 Permit, and
WHEREAS, on March 8, 2000, the Executive Officer of the RWQCB-LA issued a
Final Approved STANDARD URBAN STORMWATER MITIGATION PLAN FOR LOS
ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY (the "SUSMP") setting
forth the requirements to be implemented by all jurisdictions discharging stormwater
under the 1996 Permit, and
WHEREAS, the State Water Resources Control Board, in Order WQ 2000-11,
modified the SUSMP by revising the definition of "Redevelopment," excluding Retail
Gasoline Outlets from certain design standards, deleting the applicability of the SUSMP to
"Environmentally Sensitive Areas," limiting the applicability of the SUSMPs to
discretionary development and redevelopment in specified categories, limiting the
applicability of the SUSMP to Redevelopment projects only if they result in creation or
addition of 5,000 square feet of impervious surfaces, deleting the requirement for funding
by project proponents who receive waivers, and extended the effective date deadline to
February 15, 2001; and
WHEREAS, in partial implementation of § 402(p) of the Federal Clean Water Act,
33 U.S.C. § 1344(p); the Phase I and Phase II Stormwater Regulations and the California
Water Code, the California Regional Water Quality Control Board — Los Angeles ("RWQCB-
LA") issued "ORDER NO. 01-182 NPDES PERMIT NO CAS004001 WASTE DISCHARGE
REQUIREMENTS FOR MUNICIPAL STORMWATER AND URBAN RUNOFF
DISCHARGES WITHIN THE COUNTY OF LOS ANGELES AND THE INCORPORATED
CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH" (the "2001 Permit") on
December 13, 2001, to cities in Los Angeles County, including the City of Santa Clarita; and
WHEREAS, the 2001 Permit revised the SUSMPS to again revise the definition of
"Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline Outlets, to
restore the applicability of the SUSMP to "Environmentally Sensitive Areas," to delete the
limitation of the applicability of the SUSMPs to discretionary development and
redevelopment and apply the SUSMPS to all project approvals in specified categories, and
extended the effective date deadline to September 2, 2002; and
WHEREAS, this City is a permittee under the 2001 Permit and therefore is required
by federal and state law to implement all requirements of the 2001 Permit, including the
SUSMP, as amended by the 2001 Permit, and
Ordinance No. 03-5
Page 3
WHEREAS, this City has authority under Article 11, section 7 of the California
Constitution to adopt ordinances needed to implement these requirements, and
WHEREAS, this City also has authority under the California Water Code to adopt
and enforce ordinances conditioning, restricting, and limiting activities that might degrade
the quality of the waters of the State of California.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 10.04 of Title 10 of the Santa Clarita Municipal Code is
hereby repealed and replaced to read as follows:
Chapter 10.04
STORMWATER AND URBAN RUNOFF POLLUTION CONTROL
Sections
10.04.010
Definitions
10.04.020
Illicit Discharges Prohibited
10.04.030
Illicit Connections Prohibited
10.04.040
Control of Pollutants from Sites of Industrial Activities
10.04.050
Spills, Dumping and Disposal Prohibited
10.04.060
Best Management Practices Required
10.04.070
Construction Activity Stormwater Measures
10.04.050
Violations
10.04.090
Notices of Violation; Administrative Orders
10.04.100
Nuisances
10.04.110
Remedies Not Exclusive
10.04.120
Inspections; Searches
10.04.130
Fees
10.04.010 Definitions.
For the purposes of this Chapter the following words and phrases shall have the
meanings respectively ascribed to them by this Chapter. Words and phrases not ascribed a
meaning by this Chapter shall have the meanings ascribed by the regulations implementing
the National Pollutant Discharge Elimination System, Clean Water Act § 402, 33 U.S.C. §
1342(p), including, but not limited to 40 C.F.R. § 122.2 and 40 C.F.R. § 122.26.(b), and
Division 7 of the California Water Code, as they may be amended from time to time, if defined
therein, and if not, to the definitions in an applicable permit issued by the California Regional
Water Quality Control Board - Los Angeles, as such permits may be amended from time to
time.
"Automotive Service Facility" means a facility in any one of the following Standard
Industrial Classification (SIC) codes: 5013, 5014, 5541, 5511, 7532-7534, or 7536-7539.
Ordinance No. 03-5
Page 4
"Best Management Practices" or `BMPs" means methods, measures, schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce Pollutants in discharges to the MS4 and thence into waters of the United
States. BMPs include treatment requirements, operating procedures and practices to control
runoff, spillage or leaks, sludge or waste disposal and drainage from raw material storage;
public education and outreach; proper planning of development projects; structural and non-
structural controls; and operations and maintenance procedures which can be applied before,
during and after pollution -producing activities, including, but not limited to proper clean-out
of catch basins and proper waste handling and disposal. See 40 C.F.R. § 122.2.
"Discharge" means any release, spill, leak, pump, flow, escape, dumping or disposal, of
any Pollutant, from any point source, into the environment, including waters of the United
States, and City's MS4.
"Hazardous Materials" means any materials, wastes or mixture of wastes defined as a
"Hazardous Substance" or "Hazardous Waste" pursuant to § 311(b)(2) of the Clean Water Act,
33 U.S.C. § 1321(b)(2), or the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
§§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter -Presley -Tanner Hazardous
Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq., and all
future amendments to any of them, or as defined by the State Water Resources Control Board
or the California Regional Water Quality Control Board - Los Angeles. Where there is a
conflict in the definitions employed by two or more agencies having jurisdiction over
hazardous waste or water pollution, the terms "Hazardous Materials" and "Hazardous Waste"
shall be construed to have the broader, more encompassing definition.
"Illicit Connection" means any device or artifice, excluding roof drains and other
similar connections, connected to the Municipal Separate Storm Sewer System, without a
permit, through or by which an Illicit Discharge may be discharged. Examples include
channels, pipelines, pipes, conduits, inlets and outlets connected directly to the Municipal
Separate Storm Sewer System (MS4).
"Illicit Discharge" means any discharge to the MS4 that is not composed entirely of
Stormwater except discharges pursuant to a NPDES permit, Permitted Discharges (which are
exempt or conditionally exempt in accordance with any applicable order of the RWQCB-LA)
and discharges resulting from emergency fire fighting activities. "Illicit Discharge" includes
but is not limited to wash waters from the cleaning of Retail Gasoline Outlets, auto repair
garages and similar Automotive Service Facilities; runoff from mobile auto washing, steam
cleaning and mobile carpet cleaning, and other similar mobile commercial and industrial
operations; discharges from areas where repair of machinery and equipment, including, but
not limited to motor vehicles which are visibly leaking oil, fluid or antifreeze, is undertaken;
discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other
Hazardous Substances, and uncovered receptacles containing Hazardous Materials;
chlorinated or brominated swimming pool water and filter backwash; runoff from the washing
of toxic materials from paved or unpaved areas; discharge of runoff from washing impervious
surfaces at sites of industrial activity, unless specifically required by State or local health and
safety codes; discharge of concrete or cement -laden wash water from concrete trucks, pumps,
tools and equipment; litter; construction and demolition debris; fuel and chemical wastes;
Ordinance No. 03-5
Page 5
animal wastes; garbage, food and food processing wastes; cooking oil or grease; leaves, grass or
other clippings, dirt or any other landscape debris or wastes; any pesticide, fungicide, or
herbicide banned by or not registered with the United States Environmental Protection
Agency or the California Department of Pesticide Regulation; wash or rinse water from any
Restaurant or Automotive Service Facility floor mats; any liquid used as a cooling fluid in any
radiator of any engine; batteries; and any other materials or solid waste which has potential
adverse effects on water quality of receiving waters. "Illicit Discharge" also includes any other
discharge to the MS4 that is prohibited by this Code, or any state or federal law.
"Industrial/Commercial Facility" means any facility involved used for the production,
manufacture, storage, transportation, distribution, exchange or sale of goods or commodities,
and any facility used in providing professional and non-professional services. This category of
facilities includes, but is not limited to, any facility defined by the Standard Industrial
Classifications (SIC). Facility ownership (federal, state, municipal, private) and profit motive
of the facility's owners or operators are not factors in this definition.
"Municipal Separate Storm Sewer System" or "MS4" means a conveyance or system of
conveyances including municipal streets, alleys, catch basins, curbs, gutters, ditches, man-
made channels, storm drains, conduits, or other facilities owned, operated, maintained or
controlled by City and used for the purpose of collecting, storing, transporting or disposing of
Stormwater, which are not part of a Publicly Owned Treatment Works, and which discharges
directly or indirectly (through another agency's MS4) to waters of the United States.
"Non-Stormwater Discharge" means any discharge to a Municipal Separate Storm
Sewer System that is not composed entirely of Stormwater. See Illicit Discharge above, and
Permitted Discharge, below.
NPDES means the "National Pollutant Discharge Elimination System" established by
§ 402 of the Clean Water Act, 33 U.S.C. § 1342, as it, from time to time, may be amended.
"Permitted Discharge" means the following non-stormwater discharges:
1. Discharges covered by a separate individual or general NPDES permit.
2. Natural flows, including the following:
a. Natural springs and rising ground water.
b. Flows from riparian habitats or wetlands.
C. Stream diversions, permitted by the State Board.
d. Uncontaminated ground water infiltration [as defined by 40 CFR
35.2005(20)].
3. Flows from emergency fire fighting activity.
4. Flows incidental to urban activities, including the following:
a. Reclaimed and potable landscape irrigation runoff.
b. Potable drinking water supply and distribution system releases (consistent
with American Water Works Association guidelines for dechlorination and
suspended solids reduction practices).
C. Drains for foundations, footings, and crawl spaces.
d. Air conditioning condensate.
e. Dechlorinated/debrominated swimming pool discharges.
f. Dewatering of lakes and decorative fountains.
Ordinance No. 03-5
Page 6
g. Non-commercial car washing by residents or by non-profit organizations.
h. Sidewalk rinsing.
"Pollutant" means a "Pollutant" as defined in § 502(6) of the Clean Water Act, 33
U.S.C. 1362(6), or incorporated into California Water Code § 13373, discharged into water but
shall not mean uncontaminated Stormwater, potable water or reclaimed water generated by a
lawfully permitted water treatment facility, or any substance, the discharge of which into the
MS4, through Best Management Practices, has been reduced to the maximum extent
practicable. Subject to the foregoing, "Pollutant" also includes but is not limited to wash
waters from the cleaning of Retail Gasoline Outlets, auto repair garages and similar
Automotive Service Facilities; runoff from mobile auto washing, steam cleaning and mobile
carpet cleaning, and other similar mobile commercial and industrial operations; discharges
from areas where repair of machinery and equipment, including, but not limited to motor
vehicles which are visibly leaking oil, fluid or antifreeze, is undertaken; discharges of runoff to
the MS4 from storage areas of materials containing grease, oil, or other Hazardous
Substances, and uncovered receptacles containing Hazardous Materials; chlorinated or
brominated swimming pool water and filter backwash; runoff from the washing of toxic mate-
rials from paved or unpaved areas; discharge of runoff from washing impervious surfaces at
sites of industrial activity, unless specifically required by State or local health and safety
codes; discharge of concrete or cement -laden wash water from concrete trucks, pumps, tools
and equipment; litter; construction and demolition debris; fuel and chemical wastes; animal
wastes; garbage, food and food processing wastes; cooking oil or grease; leaves, grass or other
clippings, dirt or any other landscape debris or wastes; any pesticide, fungicide, or herbicide
banned by or not registered with the United States Environmental Protection Agency or the
California Department of Pesticide Regulation; wash or rinse water from any Restaurant or
Automotive Service Facility floor mats; any liquid used as a cooling fluid in any radiator of any
engine; batteries; and any other materials or solid waste which has potential adverse effects
on water quality of receiving waters.
"Restaurant means a facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks
for immediate consumption (SIC Code 5812).
"Retail Gasoline Outlet" or "RGO" means, for the purpose of this Chapter, any facility
engaged in selling gasoline and lubricating oils.
"Solid Waste" shall have the meaning ascribed by Public Resources Code § 40191, as it,
from time to time, may be amended.
"Storm Drain" (see Municipal Separate Storm Sewer System or "MS4," above).
"Stormwater" means stormwater runoff, snow -melt runoff, and surface runoff and
drainage.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a plan, as required by a
State General Permit issued by the State Water Resources Control Board ("SWRCB"),
identifying potential Pollutant sources and describing the design, placement and
Ordinance No. 03-5
Page 7
implementation of BMPs, to effectively prevent non-Stormwater Discharges and to reduce
Pollutants in Stormwater Discharges during activities covered by the General Permit.
"Structural BMP" means any structural facility designed and constructed to mitigate
the adverse impacts of stormwater and urban runoff pollution (e.g. canopy, structural
enclosure). The category may include both Treatment Control BMPs and Source Control
BMPs.
"Treatment Control BMP" means any engineered system designed to remove
pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake,
media absorption or any other physical, biological, or chemical process.
"Wet Season" means the period beginning on October 1st and ending at midnight on
April 15th, annually.
10.04.020 Illicit Discharges Prohibited.
No person shall cause any Illicit Discharge to enter the MS4 unless such discharge: (1)
is authorized by an NPDES permit; or (2) is associated with emergency fire fighting activities;
or (3) is a Permitted Discharge which is exempt or conditionally exempt in accordance with an
applicable order of the California Regional Water Quality Control Board - Los Angeles. No
Pollutant in Stormwater may be discharged to the MS4 unless the Pollutant has been reduced
to the maximum extent practicable.
10.04.030 Illicit Connections Prohibited.
No person shall use or suffer the use of any Illicit Connection to convey an Illicit
Discharge or any Pollutant to the MS4 from premises of which that person is an owner or is
the person in charge of day-to-day activities. Illicit Connections are prohibited by the Clean
Water Act, NPDES MS4 Stormwater Permits issued by the California Regional Water Quality
Control Board - Los Angeles and this Chapter. The owner and the person in charge of day-to-
day activities of premises at which an Illicit Connection is located shall obtain a permit for, or
remove, the Illicit Connection within one hundred and eighty (180) days of confirmation of
discovery of the Illicit Connection.
10.04.040 Control of Pollutants from Sites of Industrial Activities.
A. It shall be a violation of this Chapter for any person or entity required under
federal or state law to comply with the requirements for a NPDES General Industrial
Activities Stormwater Permit (GIASP) for a facility or activity in the City to operate
such facility or activity in the City which discharges to the City's MS4 without
complying with all applicable requirements for a General Industrial Activities
Stormwater Permit.
B. Any person or entity in the City required to have a General Industrial Activities
Stormwater Permit for a facility or activity in the City which discharges to the City's
MS4 shall retain at such facility or activity the following documents which evidence
compliance with General Industrial Activities Stormwater Permit requirements: (i) a
copy of the Notice of Intent to comply with the General Industrial Activities
Ordinance No. 03-5
Page 8
Stormwater Permit; (ii) a waste discharge identification number (WDID) issued by the
State Water Resources Control Board; (iii) a Stormwater Pollution Prevention Plan
(SWPPP) (iv) any required Stormwater quality data; and (v) a plan containing urban
runoff Best Management Practices (BMPs).
C. Any person or entity in the City required to have a General Industrial Activities
Stormwater Permit for a facility or activity in the City which discharges to the City's
MS4, upon request from a duly authorized officer of the City, shall make available to
the City for review, copying and inspection all of the documents described in
Subsection B of this Section during any City Stormwater-related educational program
or inspection and shall demonstrate compliance with such General Industrial Activities
Stormwater Permit, including but not limited to demonstration of the adequacy of, and
compliance with, any required SWPPP and all applicable BMPs.
10.04.050 Spills, Dumping and Disposal Prohibited.
A. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty,
discharge, inject, bury or dispose into the environment any Solid Waste or liquid waste,
including any Pollutant, in or upon any part of the MS4, or upon any public or private
premises in the City, or to cause, suffer, or permit any Solid Waste or liquid waste or
other Pollutant to come to be located upon, in, on or under any premises in the City,
except in an authorized or permitted solid waste container or at an authorized or
permitted solid waste facility or publicly owned or privately owned treatment works.
B. No person shall dispose of leaves, grass or other clippings, dirt or any other
landscape debris into any part of the MS4.
C. No person shall dispose of any pesticide, fungicide, or herbicide banned by, or not
registered with, the United States Environmental Protection Agency or the California
Department of Pesticide Regulation, or its successor, into any part of the MS4.
D. No person shall dispose of any Hazardous Material into any Civic Litter
Container or any other trash receptacle accessible to the public.
E. No person shall discharge oil or grease, or the residue of oil or grease onto any
parking lot, or any part of the MS4.
F. No person shall place any washout water or other liquid in any container for the
disposal of Solid Waste.
G. No person shall wash Restaurant or Automotive Service Facility floor mats in any
place where the wash or rinse water may flow into any part of the MS4.
10.04.060 Best Management Practices Required.
The owner, occupant or other person in charge of day-to-day operation of each premises
within the City shall implement Best Management Practices as follows:
A. The owner or other person in charge of day-to-day operation of parking lots with
more than 25 parking spaces exposed to stormwater which parking lots are associated
with industrial or commercial activities, according to the United States Office of
Management and Budget Standard Industrial Classification Code, shall use BMPs to
reduce the discharge of Pollutants to the maximum extent practicable. Such measures
may include regular sweeping or other measures, if effective.
Ordinance No. 03-5
Page 9
..� B. The owner or other person in charge of day-to-day operation of premises where
machinery or other equipment which is repaired or maintained, at facilities or
activities associated with industrial or commercial activities, according to the United
States Office of Management and Budget Standard Industrial Classification Code,
shall use BMPs or other steps to prevent discharge of maintenance related or repair
related Pollutants to the MS4.
C. For other premises exposed to stormwater, the owner, occupant or other person in
charge of day-to-day operations shall use BMPs, if they exist, or other steps to reduce
the discharge of Pollutants to the maximum extent practicable, including the removal
and lawful disposal of any Solid Waste or any other substance which, if it were to be
discharged to the MS4, would be a Pollutant, including fuels, waste fuels, chemicals,
chemical wastes and animal wastes, from all parts of the premises exposed to
Stormwater.
10.04.070 Construction Activity Stormwater Measures.
A. Each person applying to the City for a grading or building permit, for projects for
which compliance with regulations governing State Construction Activity Stormwater
Permits ("GCASPs") is required, must submit satisfactory proof to City (i) that a Notice
of Intent (NOI) to comply with the GCASP has been filed and (ii) that a Stormwater
Pollution Prevention Plan has been prepared, before the City shall issue any grading or
building permit on the construction project. A copy of the NOI and the SWPPP shall be
maintained on-site during grading and construction and shall be made available for
inspection, review and copying upon the request of any City inspector.
B. It shall be a violation of this Chapter for any person or entity required under
federal or state law to comply with the requirements for a State Construction Activity
Stormwater Permits (GCASP) for construction activity in the City to conduct, authorize
or permit construction activities in the City at any facility which discharges to the
City's MS4 without complying with all applicable requirements for a GCASP.
C. Each person applying for a grading or building permit for any project for which
compliance with regulations governing State Construction Activity Stormwater
Permits is not required, shall submit to the City for information, and shall implement a
grading and construction activity runoff control program adequate to accomplish all of
the following:
1. Retain on-site the sediments generated on or brought to the project site,
using Treatment Control or Structural BMPs;
2. Retain construction -related materials and wastes, spills and residues at the
project site and prevent discharges to streets, drainage facilities, the MS4,
receiving waters or adjacent properties;
3. Contain non-Stormwater runoff from equipment and vehicle washing at the
project site; and
4. Control erosion from slopes and channels through use of effective BMPs,
such as limitation of grading during the wet season, inspection of graded areas
during rain events; planting and maintenance of vegetation on slopes, if any, and
covering any slopes susceptible to erosion.
D. No person generating or producing pavement sawcutting wastes in any street,
curb or sidewalk in the City shall fail to recover and properly dispose of such
Ordinance No. 03-5
Page 10
sawcutting wastes, and in no case shall such wastes be permitted or suffered to enter
any part of the MS4, including, but not limited to any storm drain.
E. No person performing street and road maintenance in any street in the City shall
fail to manage street and road maintenance materials in a manner which prevents
such materials from being discharged to the MS4.
F. No person shall wash any concrete truck or any part of any concrete truck,
including, but not limited to any chute, pump or tools, in any place in the City except
an area designated for that purpose by the City, if the City has designated such a
place. No person shall permit or suffer any concrete rinseate or washwater from any
truck, pump, tool or equipment to enter any drain, open ditch, street or road or any
catch basin or any other part of the MS4.
10.04.080 Violations.
Violation of any provision of this Chapter, any Stormwater Pollution Prevention Plan,
any provision of any permit issued pursuant to this Chapter, or any Administrative Order
issued pursuant to this Chapter shall be a misdemeanor.
10.04.090 Notices of Violation; Administrative Orders; and Enforcement.
A. The Director of Field Services, or the Directors designees, may issue Notices of
Violation and Administrative Orders to achieve compliance with the provisions of this
Chapter, any approved Stormwater Pollution Prevention Plan or any permit issued
pursuant to this Chapter. Failure to comply with the terms and conditions of such a
Notice of Violation or an Administrative Order shall constitute a violation of this
Chapter.
B. The City Attorney may bring civil and criminal actions to enforce this Chapter,
including, but not limited to, the provisions of any Administrative Compliance Order,
any Stormwater Pollution Prevention Plan or any permit issued pursuant to this
Chapter.
10.04.100 Nuisances.
The violation of any provision of this Chapter is hereby declared to be a nuisance, and
may be abated by the City in accordance with its authority to abate nuisances.
10.04.110 Remedies not Exclusive.
The remedies listed in this Chapter are not exclusive of any other remedies available to
the City under any applicable federal, state or local law and it is within the discretion of the
City to seek cumulative remedies.
10.04.120 Inspections; Searches.
Whenever necessary to make an inspection to enforce any provisions of this Chapter,
the enforcement officer for the City may enter any property in the City regulated by this
Chapter in a manner authorized by State law and take samples; inspect, review and copy
records relevant to any Illicit Connection, Illegal Discharge or the Discharge of any Pollutant.
Ordinance No. 03-5
Page 11
The owner or other person in charge of day-to-day activities at the premises, upon request of
any City inspector, shall make available for inspection, review and copying any required
GIASP, GCASP, NOI, BMPs, SWPPP and any permit relevant to the reduction of the
Discharge of any Pollutant to the maximum extent practicable.
10.04.130 Fees.
The City Council may establish fees for the services provided under this Chapter. Such
fees shall be fixed and established from time to time by the City Council by resolution.
SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that
it would have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 11th day of March, 2003.
!�'j2�
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ATTEST:
CITY CLERK
Ordinance No. 03-5
Page 12
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Ordinance No. 03-5 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 11th day of February, 2003. That
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council on the 11th day of March, 2003, by the following vote, to wit:
APES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste, Smyth
NOES COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK