HomeMy WebLinkAboutORD 240 1997 1015ORDINANCE NO. 240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK ADDING CHAPTER 8.52 TO THE MOORPARK
MUNICIPAL CODE RELATING TO STORM HATER QUALITY
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does
hereby find, determine and declare as follows:
A. The 1972 amendments to the Federal Water
Pollution Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C.
§§ 1251 -1387, prohibit the discharge of any Pollutant to navigable
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
B. Municipal separate storm sewer systems ( "storm
drain systems ") which convey urban runoff, including, but not
limited to Storm Water runoff, are within the definition of point
sources under the CWA; and
C. Pursuant to the CWA, the United States
Environmental Protection Agency ( "US EPA ") has defined the term
"Municipal separate storm sewer system" ( "storm drain 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
Storm Water; and
D. The US EPA, under the National Urban Runoff
Program ("NURP"), has funded and guided studies of water quality
from storm drain systems which drain residential, commercial and
light industrial sites; and
E. NURP and other studies (cited at, among other
places, 55 Fed.Reg. 47900) demonstrate the presence of Pollutants
in urban runoff discharged to receiving waters through storm drain
system systems; and
F. The US EPA reports that, in some
municipalities, illicit connections of sanitary, commercial and
industrial discharges to storm sewer systems have had a significant
adverse impact on the water quality of receiving waters; and
G. CWA § 402(p) requires that the City obtain a
permit for Storm Water and urban discharges through the City's
storm drain system; and
H. In order to comply with and implement the
requirements of federal and state clean water laws, the Ventura
County Flood Control District (VCFCD), the County of Ventura, and
the cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port
Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand
Oaks (collectively referred to as "Co- permittees ") formed the
Ventura Countywide Stormwater Quality Management Program and
submitted an application, including the Ventura Countywide
Stormwater Quality Management Plan ( Stormwater Quality Management
Plan), to be covered by a single NPDES permit for publicly owned
storm drain systems in Ventura County under their jurisdiction,
respectively; and
I. On August 25, 1994, the California Regional
Water Quality Control Board, Los Angeles Region (Regional Board),
issued Order No. 94 -082, NPDES Permit No. CAS063339, to the Co-
permittees regulating Storm Water discharges; and
J. Pursuant to the CWA, the US EPA has defined
"illicit discharges" to describe any discharge through a storm
drain system that is not covered by a NPDES permit and illicit
discharges to storm drain systems are not authorized under the CWA;
and
K. Section 402(p)(3)(B) of the CWA requires that
NPDES permits for discharges from storm drain systems are to
include a requirement to "effectively prohibit" non -Storm Water
discharges into storm drain systems; and
L. Section 402(p)(3)(B) of the CWA further
provides that NPDES permits shall require controls to reduce the
discharge of Pollutants to the maximum extent practicable,
including use of management practices and such other provisions as
appropriate for the control of Pollutants; and
M. US EPA regulations implementing the CWA require
the City to demonstrate that it has the legal authority to control,
through ordinance or other authority, contribution of Pollutants to
the storm drain system by Storm Water discharged from sites of
industrial activity; and
N. US EPA regulations implementing the CWA require
the City to demonstrate that it has the authority to prohibit
_ illicit discharges to the storm drain system; and
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0. US EPA regulations implementing the CWA require
the City to demonstrate that it has the authority to control,
through ordinance or other authority, discharge to the storm drain
system of spills, dumping or disposal of materials other than Storm
Water; and
P. The City, as the owner and operator of its
storm drain system, has the right to protect the integrity of its
storm drain system against Pollutants and contamination; and
Q. The City has authority under the California
Water Code to adopt and enforce ordinances imposing conditions,
restrictions and limitations with respect to any activity which
might degrade the quality of waters of the state; and
R. Under the California Constitution and the
Government Code, the City has the authority to define public
nuisances and to protect the public health and safety of the
residents of and visitors to the City, and the environment, by
abating public nuisances; and
S. The City Council is obligated to take prudent
steps to protect the City's property and its funds and taxpayers
from exposure to liability, including the potentially enormous
costs of litigation regarding natural resources allegedly damaged
by Pollutants allegedly transported through the City's storm drain
system; and
T. The implementation of measures to control
Pollutants described in the Stormwater Quality Management Plan in
furtherance of these purposes is exempt from the provisions of the
California Environmental Quality Act (CEQA), as provided in
categorical exemption classes 1, 4, 5, 7, 8, 9, and /or 21 of the
CEQA Guidelines (Title 14, California Code of Regulation Sections
15301 - 15329); and
U. The City Council has conducted legally noticed
public hearings and has provided all interested parties an
opportunity to be heard on these issues; and
V. The City Council has carefully considered the
Ordinance and finds that it complies with the requirements of
applicable federal and state law, and further that this Ordinance
provides an acceptable program for the conservation of water
resources within the City and protection of the health, safety and
general welfare of its citizens;
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SECTION 2. Chapter 8.52, entitled Storm Water Quality
Management" is hereby adopted and added to Title 8 of the Moorpark
Municipal Code to read as follows:
"CHAPTER 8.52 - STORM WATER QUALITY MANAGEMENT
Section 8.52.010 Purpose and Intent
This Chapter implements the Federal Water Pollution
Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C. §§ 1251-
1387, and the California Water Code by prohibiting the discharge of
any Pollutant to navigable 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 prohibits
non -Storm Water discharges into the storm drain system.
Section 8.52.020 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, 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.
a. "Best Management Practices" ("BMPs ") shall mean
schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce
Pollutants in discharges. BMPs include, but are not limited to
public education and outreach, proper planning of development
projects, proper clean -out of catch basins, and proper waste
handling and disposal.
b. "Chapter" shall mean Chapter 8.52 of Title 8 of the
Moorpark Municipal Code.
C. "City" shall mean the City of Moorpark, California.
d. "Development" shall mean any construction,
rehabilitation, redevelopment or reconstruction for which either
discretionary land use approval or a permit is required, for any
public or private residential (whether single - family, multi -unit or
planned unit development); industrial; commercial; retail;
institutional; and other non - residential projects, including Public
Agency projects; or mass grading for future construction.
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e. "Director" shall mean the Director of Public Works
of the City of Moorpark and persons designated by and under the
Director's instruction and supervision.
f. "Discharge" when used without qualification shall
mean the discharge of a Pollutant.
g. "Discharge of a Pollutant" shall mean any addition
of any Pollutant to waters of the United States, to the City's
storm drain system, or any addition of any Pollutant to waters of
the contiguous zone from any point source other than a vessel or
other floating craft which is being used as a means of
transportation.
h. "EPA" or "US EPA" shall mean the Environmental
Protection Agency of the United States of America.
i. "Hazardous Substances" shall mean those substances
designated as hazardous substances under Section 311(b)(2)(A) of
the Federal Water Pollution Control Act, which are listed in the
table at 40 C.F.R. § 116.4, and other applicable law.
j. "Hearing Officer" shall mean the City Manager or the
City Manager's designee, who shall preside at the administrative
hearings authorized by the Chapter and issue final decisions on
matters raised therein.
k. "Illicit Connection" shall mean any device or
artifice, excluding roof drains and other similar connections, into
the Municipal Separate Storm Sewer System, without a permit,
through or by which an Illicit Discharge may be discharged.
1. "Illicit Discharge" shall mean any discharge to the
storm drain system that is not composed entirely of Storm Water
except discharges pursuant to a NPDES permit and discharges which
are exempt or conditionally exempt in accordance with any
applicable order of the RWQCB -LA. The term Illicit Discharge shall
not include the following types of non -Storm Water discharges,
unless the California Regional Water Quality Control Board, Los
Angeles Region determines that these discharges cause specific
receiving water limit violations:
1.
2.
3.
4.
5.
6.
7.
8.
Water line flushing;
Landscape irrigation;
Diverted stream flows;
Rising ground waters;
Uncontaminated ground water infiltration (as
defined at 40 CFR 35.2005(20)) to separate
storm sewers;
Uncontaminated pumped ground water;
Discharges from potable water sources;
Foundation drains;
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9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Air conditioning condensation;
Irrigation water;
Springs;
Water from crawl space pumps;
Footing drains;
Lawn watering;
Individual residential car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
Street wash water;
Discharges or flows from fire fighting
activities;
Other types of discharge approved by the
Executive Officer of the Regional Board.
M. "Invoice for Costs" shall mean an invoice for the
actual costs and expenses of the City, including, but not limited
to administrative overhead, salaries, attorney fees and other
expenses recoverable under applicable law, incurred during any
inspection, investigation or proceeding conducted pursuant to this
Chapter, where a Notice of Violation or other enforcement option
under Sections 8.52.080 - 8.52.150 is used to obtain compliance
with this Chapter.
n. "Permit" or "National Pollutant Discharge
_ Elimination system (NPDES) Permit" shall mean an authorization,
license or equivalent control document issued by the US EPA, the
State Water Resources Control Board or a Regional Water Quality
Control Board, and includes a NPDES general permit and the permit
issued by the Regional Water Quality Control Board - Los Angeles
Region, and entitled Waste Discharge Requirements for Storm Water
Management /Urban Runoff Discharges for VCFCD, County of Ventura,
and the cities of Ventura County, Order No. 94 -082, (NPDES No. CAS
063339).
o. "Person" shall mean any individual, firm,
association, partnership, corporation, partnership, consortium,
local, state or federal government agency, political subdivision,
trust, estate, cooperative association, joint venture, business
entity or other similar entity, or the agent, employee or
representative of any of the above.
p. "Pollutant" shall mean a "Pollutant" as defined in
§ 502(6) of the Clean Water Act, 33 U.S.C. § 1362(6) or Water Code
§ 13373, or other applicable law, which is discharged into water.
"Pollutant" shall not mean uncontaminated Storm Water, potable
water or reclaimed water generated by a lawfully permitted water
treatment facility, or any substance, the discharge of which into
the storm drain system, through Best Management Practices, has been
.._ reduced to the maximum extent practicable, and shall not include
those non -Storm Water discharges set forth in the definition of
"Illicit Discharge" contained in subsection 1 hereof, unless the
California Regional Water Quality Control Board, Los Angeles Region
determines that these discharges cause specific receiving water
limit violations.
q. "Property" shall mean any real property,
irrespective of ownership.
r. "Responsible Party" shall mean the Person(s)
identified in and responsible for compliance with the provisions of
a Storm Water Pollution Prevention Plan or Storm Water Pollution
Control Plan, and includes the owner and operator of the property
to which the Plan relates.
S. "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 EPA 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.
t. "Storm Drain System" shall mean a conveyance or
system of conveyances, including municipal streets, gutters,
conduits, natural or artificial drains, channels and watercourses,
or other facilities owned, operated, maintained or controlled by
City and used for the purpose of collecting, storing, transporting
or disposing of Storm Water into waters of the United States (as
defined at 40 CFR § 122.2).
U. "Storm Water" shall mean runoff from rain or storm
activity, snow melt runoff, and surface runoff and drainage.
V. "Storm Water Pollution Control Plan" shall mean the
plan as required by the City.
W. "Storm Water Pollution Prevention Plan" shall mean
the plan as required by State General Permit.
X. "Storm Water Quality Management Plan" shall mean the
Ventura Countywide Storm Water Quality Management Plan, as the same
may be amended from time to time.
Y_ "Watercourse" shall mean
channel for passage of water including
channels, or "red line channels" (as
Channels within the Comprehensive Plan
4, 1994, and its amendments).
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any natural or artificial
the VCFCD jurisdictional
described in the List of
of the VCFCD as of October
_ Section 8.52.030 Prohibition of Illicit Connections and Illicit
Discharges.
a. The Discharge of Pollutants into the storm drain
system is prohibited. All discharges of material other than Storm
Water must be in compliance with NPDES Permit No. CAS063339 or any
other NPDES permit issued by the State of California.
b. No Person shall:
(1) Construct, use, maintain, operate and /or
continue to utilize an Illicit Connection.
(2) Cause, allow or facilitate an Illicit
Discharge.
(3) Act, cause, permit or suffer any agent,
employee or independent contractor to
construct, maintain, operate or utilize an
Illicit Connection, or cause, allow or
facilitate an Illicit Discharge.
(4) Use storm drain system or watercourses for the
discharge /disposal of wastes (including, but
not limited to yard trimmings, cut grass or
paint clean -up).
(5) Throw, deposit, leave, maintain, keep or
permit to be thrown, deposited, kept, or
maintained, in or upon any public or private
property, driveway, parking area, street,
alley, sidewalk or other component of the
storm drain system, any refuse, rubbish,
garbage, litter, or other discarded or
abandoned objects, articles and accumulations,
so that the same may cause or contribute to
pollution. Wastes deposited in streets
immediately prior to and for the purposes of
collection are exempt from this prohibition.
C. This prohibition expressly includes, without
limitation, all Illicit Connections regardless of whether the
connection was permissible under law or practices applicable or
prevailing at the time of connection.
Section 8.52.040 Reduction of Pollutants in Storm Water.
a. Discharges of Storm Water containing Pollutants
which have not been reduced to the maximum extent practicable are
prohibited.
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b. Any person engaged in activities which will or may
result in Pollutants entering the storm drain system or
watercourses shall undertake all practicable measures to reduce
such Pollutants.
C. With written concurrence of the Regional Board, the
City may exempt in writing other non -Storm Water discharges which
are not a source of Pollutants to the storm drain system or
watercourses.
Section 8.52.050 Development.
a. On and after January 1, 1998, all Development within
the City shall be undertaken in accordance with:
(1) Any conditions and requirements established
by an applicable NPDES Permit which are
reasonably related to the reduction or
elimination of Pollutants in Storm Water from
the project site.
(2) A Storm Water Pollution Prevention Plan, which
shall be prepared in accordance with State
General Permit.
(3) A Storm Water Pollution Control Plan, which
shall be prepared in accordance with City
requirements.
(4) Any condition and /or requirements established
by the City to protect specific watersheds or
drainage basins.
b. Prior to the issuance by the City of any
discretionary land use approval or permit for any Development, the
property owner shall submit to and obtain the approval of the
Director for a Storm Water Pollution Control Plan.
C. Proof of compliance with any General NPDES Permit
shall be required in a form acceptable to the City.
d. Notwithstanding the foregoing subsections a and b,
a Storm Water Pollution Control Plan shall not be required for a
development of four (4) or fewer lots which are zoned to permit
only single family units unless the Director determines that such
development construction may result in the discharge of significant
levels of a Pollutant into the storm drain system.
e. Compliance with the conditions and requirements of
a Storm Water Pollution Control Plan shall not exempt any person
Mc
from the requirement to comply independently with each provision of
this Chapter.
f. Each application for a Storm Water Pollution Control
Plan shall name a Responsible Party for the project.
g. The owners of lots included in a development
project, their successors and assigns and each named Responsible
Party (collectively "Owners ") shall implement and adhere to the
terms, conditions and requirements of the approved Storm Water
Pollution Control Plan. Each failure or violation by the Owners to
implement and adhere to the terms, conditions and requirements of
an approved Storm Water Pollution Control Plan shall constitute a
separate violation of this Chapter. The Director may require that
the Storm Water Pollution Control Plan be recorded with the County
Recorder's office by the property owner.
h. The costs and expenses of the City incurred in the
review, approval or revision of any Storm Water Pollution Control
Plan or other related requirements (or in the approval or revision
of any such) shall be assessed to the Owners and shall be due and
payable to the City. The City may elect to require a deposit of
estimated costs and expenses, and the actual costs and expenses
shall be deducted from the deposit and the balance, if any,
refunded to the depositor.
Section 8.52.060 Best Management Practices and Requirements
a. Authorization to Adopt and Enforce Best Management
Practices. The Director may adopt requirements establishing
appropriate Best Management Practices ( "BMPs ") for any activity,
operation or facility which may cause or contribute to pollution or
contamination of the storm drain system. If relevant BMPs have
been promulgated by the City or any federal, State of California,
and /or Regional agency for an activity, operation or facility which
would otherwise cause the discharge of Pollutants to the storm
drain system or watercourses, every person undertaking such
activity or operation, or owning or operating such facility shall
implement such BMPs.
b. Resuonsibility to Imolement Best Management
Practices. Any person engaged in activities or operations or
owning facilities or property which will or may result in
Pollutants entering the storm drain system, or watercourses, as
determined by the Director, shall implement applicable BMPs to the
extent they are technologically and economically achievable to
prevent and /or reduce such Pollutants.
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Section 8.52.070 Compliance with General Permits.
Each industrial discharger associated with any
construction activity, or any other discharger described in any
NPDES or NPDES General Permit as may be adopted by the EPA, the
State Water Resources Control Board or the California Regional
Water Quality Control Board, Los Angeles Region, shall comply with
and undertake all other activities required by any applicable NPDES
General Permit with regard to such discharges.
Section 8.52.080 Elimination of Illicit Discharges.
a. Discharge. The Director shall require a person
responsible for an Illicit Discharge to discontinue the Illicit
Discharge immediately, or by a specified date, discontinue the
discharge and to require such person to take any necessary measures
to eliminate the source of the discharge Illicit Discharge.
b. Connection. The Director shall require a person
responsible for an Illicit Connection to the storm drain system to
eliminate or secure approval for the Illicit Connection by a
specified date.
C. Establishment of Discharge or Connection.
Regardless of whether the Illicit Connection or Illicit Discharge
was established or approved prior to the effective date of this
Chapter, it shall be subject to abatement pursuant to this Chapter.
d. Required Remediation. Whenever the City finds that
an Illicit Discharge is taking place or has occurred which may
result in or has resulted in pollution of the storm drain system,
the City shall require the Responsible Person to cease the Illicit
Discharge and the pollution within a specified time.
Section 8.52.090 Watercourse Protection.
Every person owning property through which a watercourse
passes, or the person in charge of day -to -day operations of such
property, shall keep and maintain the property reasonably free of
trash, debris, vegetation and other obstacles which would pollute,
contaminate or significantly retard the flow of water through the
watercourse. In addition, all existing structures within or
adjacent to the watercourse shall be maintained so that such
structures will not become a hazard to the use, function or
physical integrity of the watercourse. The owner or person in
charge of day -to -day operations shall not remove healthy bank
vegetation beyond that actually necessary for said maintenance, nor
remove said vegetation in such a manner as to increase the
vulnerability of the watercourse to erosion.
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Section 8.52.100 Prohibited Acts.
No person shall commit or cause to be committed any of
the following acts, unless a Permit has first been obtained:
(1) A Discharge of a Pollutant into any pipe or
channel to a watercourse /storm drain system;
(2) Modify the natural flow of water in storm
drain system;
(3) Deposit in, plant in or remove any material
from an storm drain system including its
banks, except as required for maintenance;
(4) Construct,
or remove
system; or
(5) Place any
along the
system, or
alter, enlarge, connect to, change
any structure in an storm drain
loose or unconsolidated material
side of or within an storm drain
so close to the side as to cause a
diversion of the flow, or to cause a
probability of such material being transported
by Storm Waters passing through an storm drain
system.
Sec. 8.52.110 Scope of Inspections
a. Entry. The Director shall be authorized to enter
public or private property to investigate the source or potential
source of a suspected Illicit Discharge to an storm drain system or
watercourses located within the City at all reasonable times to
inspect the same and to inspect and copy records related to Storm
Water compliance.
b. Compliance Assessments. The Director may inspect
public or private property for the purpose of verifying compliance
with this Chapter, including but not limited to (1) identifying
products produced, processes conducted, chemicals used and
materials stored on or contained within the property; (2)
identifying point(s) of discharge of all wastewater, process water
systems and Pollutants; (3) investigating the natural slope at the
location, the runoff coefficient, drainage patterns and man -made
conveyance systems (including roads with drainage systems, catch
basin, curbs, gutters, man -made channels and storm drains); (4)
establishing the location of all points of discharge from the
property, whether by surface runoff or through an storm drain
system; (5) locating any Illicit Connection or the source of any
Illicit Discharge; (6) evaluating compliance with any Storm Water
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Pollution Control Plan; and (7) evaluating compliance with any
permit issued pursuant to this Chapter.
C. Records Review. The Director may examine and copy
such records as is necessary to determine compliance with the
provisions of this Chapter.
d. Sample & Test. The Director may inspect, sample and
test 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 drain system. The Director
may investigate the integrity of all storm drain and sanitary sewer
systems or other pipelines on the property using appropriate tests,
including but not limited to smoke and dye tests or video surveys.
The Director may take photographs or videotape, make measurements
or drawings and create any other record reasonably necessary to
document conditions on the property.
e. Monitoring. The Director may undertake monitoring
and analysis including both the construction and maintenance of
devices at the Owners' expense, or require the owner or person in
charge of day -to -day operations of the property to undertake
construction and maintenance of devices, at the Owners' expense,
for the purpose of measuring any discharge or potential source of
discharge to the storm drain system.
f. Test Results. The Owner or person in charge of day -
to -day operations of property subject to inspection shall provide
copies of test results to the City. On submission of a written
request to the Director, such person shall be entitled to receive
copies of test results conducted by the Director.
Section 8.52.120 Remedies for Violation.
a. Notice of Violation. The Director shall review each
report of Illicit Connection or Illicit Discharge, and, if
appropriate, may serve a Notice of Violation to the owner and /or
person in charge of day -to -day operations of any public or private
property, as to which an Illicit Connection or Illicit Discharge
exists. The Notice of Violation shall:
(1) identify the provision(s) of this Chapter, the
applicable storm Water Pollution Prevention
Plan, Storm Water Pollution Control Plan or
permit alleged to have been violated; and
(2) state that continued noncompliance may result
in civil, criminal or administrative
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enforcement actions against the owner and /or
person in charge of day -to -day operations; and
(3) state a compliance date that must be met by
the owner and /or person in charge of day -to-
day operations; and
(4) describe the manner of abatement required; and
(5) order remediation work.
b. The Notice or Violation may include where deemed
applicable by the Director, the following terms and requirements:
(1) Specific steps and time schedules for
compliance as reasonably necessary to prevent
threatened or future unauthorized Illicit
Discharges, including but not limited to, the
threat of an Illicit Discharge from any pond,
pit, well, surface impoundment, holding or
storage area; and
(2) Specific steps and time schedules for
compliance as reasonably necessary to prevent;
and
(3) Specific steps and time schedules for
compliance as reasonably necessary to
discontinue any Illicit Connection; and
(4) 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; and
(5) Any other terms or requirements reasonably
calculated to prevent continued or threatened
violations of this Chapter including, but not
limited to, requirements for compliance with
BMPs guidance documents promulgated by any
Federal agency, the State of California or the
City; and
(6) Any other terms or requirements reasonably
calculated to achieve full compliance with the
terms, conditions and requirements of the
Storm Water Quality Management Plan, a Storm
Water Pollution Prevention Plan, Storm Water
Pollution Control Plan or permit issued
pursuant hereto, or this Chapter.
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�- •
(1) The Director shall review, and, if
appropriate, may issue a Cease and Desist
Order where the public health, safety and /or
welfare requires the same, directing the owner
and /or person in charge of day -to -day
operations of any public or private property
and /or any other person responsible for a
violation of this Chapter to:
(a) Immediately discontinue any Illicit
Connection, or Illicit Discharge to the
storm drain system;
(b) Immediately contain or divert any flow of
non -Storm Water off the property, where
the flow is occurring in violation of any
provision of this Chapter;
(c) Immediately discontinue any other
violation of this Chapter;
(d) Clean up the area affected by the
violation.
(2) The Director may direct by Cease and Desist
Order that the owner or other person in charge
of day -to -day operations or any permittee
under any applicable Permit, immediately cease
any activity not in compliance with the terms,
conditions and requirements of the applicable
Plan, permit or this Chapter.
d. Recovery of Costs. The Director shall serve an
Invoice for Costs upon the owner and /or person in charge of day -to-
day operations of any public or private property, or any other
Responsible Person who is subject to a Notice of Violation or a
Cease and Desist Order. An Invoice for Costs shall be immediately
due and payable to the City. If any owner or person in charge of
day -to -day operations, permittee or Responsible Party, or any other
person fails to either pay the Invoice for Costs or appeal
successfully the Invoice for Costs in accordance with this Chapter,
then the City may institute collection proceedings.
e. Service of Notices. Any Notice of Violation, Cease
and Desist Order or Invoice for Costs (collectively, "Order ") shall
be served pursuant to the requirements of this Chapter shall be
subject to the following:
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(1) Each Order shall state that the recipient has
a right to appeal the matter as set forth in
this Chapter.
(2) The Order shall include the address of the
affected property and be addressed to the
owner as shown on the most recently issued
equalized assessment roll or as may otherwise
appear in the current records of the City.
(3) If the owner or person in charge of day -to -day
operations of affected property cannot be
located after the reasonable efforts of the
Director, the Order shall be deemed served ten
(10) business days after posting on the
property.
Section 8.52.130 Appeals.
Any person aggrieved by the issuance of an Order may
appeal from the issuance of such Order in accordance with the
following:
a. Any such appeal shall be filed in writing within 15
days of the date of service of the Order by the
Director upon the appealing party;
b. No such appeal shall be valid for any purpose
unless it is timely filed with the City Clerk and
unless a filing and processing fee is paid
contemporaneously with the filing thereof in an
amount as set by City Council resolution;
C. That upon the timely filing of such an appeal, the
Hearing Officer shall set a time and place for a
hearing on such appeal as expeditiously as is
possible;
d. At the time of such hearing, the Hearing Officer
shall permit any interested person to present any
relevant evidence bearing on the matters involved
in the issuance of the Order which is the subject
of the appeal. The Hearing Officer need not follow
the strict provisions of the rules of evidence as
utilized in a judicial proceeding but shall follow
the substance of such rule to the end that the
decision rendered is based upon reliable relevant
evidentiary material. The Hearing Officer's
decision shall be final and conclusive and subject
only to judicial review.
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The provisions of Sections 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 Chapter. Parties seeking judicial review of
any action taken pursuant to this Chapter shall file such action
within ninety (90) days of the occurrence of the event for which
review is sought."
Section 8.52.140 Violation -- Penalties
Any person who violates any provision of, or fails to
comply with any requirement of, this chapter is guilty of an
infraction and, upon conviction thereof, shall be punished in
accordance with Chapter 1.12 of this code.
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Chapter is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Chapter. The City Council declares that
it would have adopted this Chapter and each section, subsection,
sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or
unconstitutional.
BCE TION 4. The City Clerk shall certify to the adoption
of this ordinance and cause the same to be published in the manner
prescribed by law.
PASSED AND ADOPTED this
ATTEST:
Xc z k -Lc
STEVEN KUENY
City Clerk
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STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
) ss.
I, Lillian E. Hare, City Clerk of the City of Moorpark, California,
do hereby certify under penalty of perjury that the foregoing
Ordinance No. 239 was adopted by the City Council of the City of
Moorpark at a meeting held on the 15`h day of October, 1997, and
that the same was adopted by the following vote:
AYES: Councilmembers Evans, Perez, Teasley, Wozniak and
Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17th day of
December, 1997.
S even Kueny, City C erk
(seal)
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