HomeMy WebLinkAboutOrdinances - No. 1905ORDINANCE NO. 1905
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 13 "PUBLIC
SERVICES" BY REPEALING AND REENACTING
CHAPTER 13.14 _ STORM WATER MANAGEMENT
AND DISCHARGE CONTROL IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS
SECTION 1. Lodi Municipal Code Chapter 13.14 "Storm Water Management and Discharge
Control" is hereby repealed and reenacted to read as follows:
Article l. - General Provisions
13.14.O10 Title
This chapter shall be known as the city "Storm Water Management and Discharge Control
Code," and may be cited as such, and will be referred to herein as "this chapter."
13.14.020 Purpose and intent
The purpose of this chapter is to protect and promote the health, safety and general welfare of
the citizens of the city by controlling non-storm water discharges to the storm water conveyance
system, by eliminating discharges to the storm water conveyance system from spills, dumping
or disposal of materials other than storm water, and by reducing pollutants in urban storm water
discharges to the maximum extent practicable. This chapter is intended to assist in the
protection and enhancement of the water quality of watercourses, water bodies, and wetlands in
a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections
1251 et seq.), Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.)
and any subsequent amendments thereto and to assure compliance with the conditions set forth
by the National Pollution Discharge Elimination System (NPDES) as requirements of storm
water discharge permits.
13.14.030 Definitions.
The following words, when used in this chapter, shall have the following meanings unless the
context clearly indicates or requires a different meaning:
1. "Basin plan" means the water quality control plan for San Joaquin River Basin adopted
by the CentralValley Regional Quality Control Board, CentralValley Region.
2. "Best management practices" (BMP) means schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and education practices,
maintenance procedures, and other management practices found in the Storm Water Pollution
Prevention Plan (SWPPP) to prevent or reduce to the maximum extent practicable the
discharge of pollutants directly or indirectly to waters of the United States (33 CFR Section
328.3). "Best management practices" also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal,
and drainage from raw materials storage. BMPs are required to be implemented and
I
maintained in a manner that is consistent with the California Storm Water Quality Association
(CASOA) Best Management Practice Handbooks or equivalent guidelines.
3. "City" means the City of Lodi.
"Construction activity" includes any public or private projects involving roadwork, paving, utility
installation, structural construction (new or redevelopment), demolition, grading, excavation, or
landscaping that has soil disturbance or has pollutants exposed to storm water. lt does not
include routine maintenance to maintain original line and grade, hydraulic capacity, or original
purposes of a facility, nor does it include emergency construction activities required to
immediately protect public health and safety.
4. "Development" means any new construction, rehabilitation, redevelopment or
reconstruction of any public or private residential project (whether single- or multifamily planned
unit development or the building or placement of any structure or portion thereofl; industrial,
commercial, retail and other nonresidential projects, including public agency projects; or grading
for future construction. "Development" includes excavation and grading.
5. "Employee training program" means a documented employee training program which
may be required to be implemented by a business pursuant to a storm water pollution
prevention plan for the purpose of educating its employees on methods of reducing discharge of
pollutants to the storm water conveyance system.
6. "Enforcement agency" means the city through its public works department.
7. "Enforcement official" means the public works director or his or her designee or any
agent of the city authorized to enforce compliance with this chapter.
8. "Hazardous waste" means any material, including any substance, waste or combination
thereof, that because of its quality, concentration or physical, chemical or infectious
characteristics, may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property orthe environment, when improperly treated, stored,
transported, disposed of, or otherwise managed (California Health and Safety Code Section
25117),
9. "lllegal discharge" means any discharge to the storm water conveyance system that
violates this chapter, or is prohibited by federal, state, or local laws, or which degrades the
quality of receiving waters in violation of any plan standard.
10. "lllicit connection" means any physical connection to the storm water conveyance
system which is not authorized by the city or the Regional Water Quality Control Board Central
Valley Region.
11. "Municipal Separate Storm Sewer System (MS4)' means a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that are owned or operated by a state,
city, town, or special districts that discharges into waters of the United States.
12. "National pollution discharge elimination system (NPDES) permit" means a permit
issued by the Regional Water Quality Control Board or the State Water Resources Control
Board pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with
Section 13370) to control discharges from point sources to waters of the United States.
2
13. "Noncommercial vehicle washing" means the washing and rinsing of passenger vehicles
on private property in which no commercial enterprise or non-profit fundraising is being
conducted in the washing of those vehicles.
14. "Non-storm water discharge" means any discharge to the storm water conveyance
system that is not entirely composed of storm water.
15. "Order" means current Regional Water Quality Control Board Order or general permit
which applies to the city together with all amendments.
16. "Person" means any person, firm, corporation, business entity, or public agency,
whether principal, agent, employee, or othenruise.
17. "Plan standard" means any or all applicable requirements of the basin plan or any other
approved plan.
18. "Pollutant" means any contaminant which can degrade the quality of the receiving water
in violation of any plan standard or National pollution discharge elimination system (NPDES)
permit.
19. "Premises" means any building, lot, parcel, land or portion of land whether improved or
unimproved.
20. "Public works director" means the director of the city, public works department or his or
her designee.
21. "Receiving waters" means surface bodies of water, including creeks, canals, and rivers,
which serve as discharge points for the storm water conveyance system.
22. "Storm water" means surface runoff and drainage associated with storm events which is
free of pollutants to the maximum extent practicable.
23. "Storm water conveyance system" means those artificial and natural facilities within the
city, whether publicly or privately owned, by which storm water may be conveyed to a
watercourse or waters of the United States, including without limitation, any roads with drainage
systems, streets, alleys, catch basins, pumps, natural and artificial channels, aqueducts, stream
beds, gullies, curbs, gutters, ditches, sand and oil separators, open fields, parking lots,
impervious surfaces used for parking, and natural and artificial channels or storm drains.
24. "Storm water pollution prevention plan (SWPPP)" means a document which describes
the best management practices to be implemented by the owner or operator of a business,
commercial development, residential development, construction project, or city to eliminate non-
storm water discharges and/or to reduce, to the maximum extent practicable (as defined by the
State of California Regional Water Quality Control Board), pollutant discharges to the storm
water conveyance system.
25. "Sudace water" means all water naturally open to the atmosphere (rivers, lakes,
reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other
collectors directly influenced by surface water.
26. "User" means any person that discharges, causes or permits the discharge of storm
water into the conveyance system.
J
27. "Watercourse" means any natural stream, whether flowing continuously or not, that is
fed from permanent or natural sources, and includes, without limitation rivers, creeks, canals,
runs, and rivulets.
Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the
regulations for the storm water discharge permitting program issued by the Environmental
Prótection Agency, as amended, and which are not specifically defined in the definitions of this
section shall, when used in this chapter, have the same meaning as set forth in said act or
regulation.
13.14.040 Conflicts with other laws
ln the event of any conflict between this chapter and any federal or state law, regulation, order,
or permit, that requirement which establishes the higher standard for public health or safety
shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement
of any other applicable law, regulation, order or permit.
Article ll. - Discharge Restrictions
13.14.050 Discharge of non-storm water prohibited
Except as provided in Section 13.14.060 of this chapter, it is unlawful for any person to make or
cause to be made any non-storm water discharge. Notwithstanding the exemptions provided in
this chapter, if the Regional Water Quality Control Board or the enforcement official determines
that any otherwise exempt discharge causes or significantly contributes to violations of any plan
standard or NPDES permit, or conveys significant quantities of pollutants to surface water(s) or
watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from
entering the storm water conveyance system.
13.14.060 Exceptionstodischargeprohibition.
Subject to the authority granted by the Regional Water Quality Control Board and the
enforcement official in Section 13.14.420 of this chapter, the following discharges to the storm
water conveyance system are exempt from the prohibition set forth in Section 13.14.050 of this
chapter.
A. Any discharge or connection regulated under a NPDES permit issued to the discharger
and administered by the state of California pursuant to Division 7, Chapter 5.5 of the California
Water Code, provided that the discharger is in compliance with all requirements of the permit
and all other applicable laws and regulations;
B. Discharges from the following activities which do not cause or contribute to the violation
of any NPDES permit or plan standard:
1. Water line flushing and other discharges from potable water sources,
2. lncidental runoff from landscaped areas defined as unintended amounts (volume) of
runoff, such as unintended, minimal over-spray from sprinklers that escapes the area
of intended use,
3. Rising ground waters or springs,
4. Passive foundation and footing drains,
5. Water from crawl space pumps and basement pumps,
6. Air conditioning condensate,
4
7. lndividual residential car washing on private property in which no commercial
enterprise or non-profit fundraising is being conducted in the washing of those
vehicles.
8. Naturalflows from riparian habitats and wetlands,L Dechlorinated swimming pool discharges,
10. Flows from fire suppression activities, including fire hydrant flows and fire hydrant
flow testing,
11. Waters not othenruise containing wastes as defined in California Water Code Section
13050(d) and California Health and Safety Code Section 25117 ,
12. Uncontaminated ground water infiltration or uncontaminated pumped ground water to
separate storm sewers;
C. Any discharge which the enforcement official, the local health officer, or the Regional
Water Quality Control Board determines in writing is necessary for the protection of the public
health and safety;
D. Any discharge caused by flooding or other natural disaster which could not have been
reasonably foreseen or mitigated for in advance by the discharger, as determined by the
enforcement official.
13.14.070 Groundwater discharges.
Discharges of pumped groundwater not subject to a NPDES permit may be permitted to
discharge to the storm water conveyance system upon written approval from the city and in
compliance with conditions of approval set forth by the city.
13.14.080 Discharge in violation of permit.
It is unlawful for any person to cause either individually or jointly any discharge to the storm
water conveyance system which results in or contributes to a violation of this chapter and the
City's MS4 NPDES permit. The prohibited discharges shall include, but not be limited to the
following:
A. The deposit or blowing of grass, leaves, yard clippings and/or other landscape debris
into the public right of way except when specifically permitted by the City.
B. The deposit of any garbage, litter, refuse, pet waste and/or junk into the public right of
way.
13.14.090 - lllicit connections prohibited.
Prohibition of lllicit Connections.
A. The construction, use, maintenance or continued existence of illicit connections to the
storm water conveyance system is prohibited.
B. This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
5
C. A person is considered to be in violation of this chapter if the person connects a line
conveying sewage to a storm water conveyance system, or allows such a connection to
continue.
13.14.100 Concealmentandabetting
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter
shall constitute a violation of this chapter.
13.14.110 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-
Cologne Act.
Any person who violates any provision of this chapter, any provision of any permit issued
pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who
violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of
the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.) and or Porter-Cologne Water
Quality Control Act (California Water Code Section 13000 et seq.) and may be subject to the
sanctions of those acts including civil and criminal penalties.
13.14.120 Reduction of pollutants in storm water
Any person engaged in activities which may result in pollutants entering the storm water
conveyance system shall, to the maximum extent practicable, undertake the measures set forth
below to reduce the risk of non-storm water discharge and/or pollutant discharge.
A. Business Related Activities
1. Storm water Pollution Prevention Plan. The enforcement official may require any
business in the city that is engaged in activities which may result in pollutant discharges to
develop and implement a storm water pollution prevention plan, which must include an
employee training program. Business activities which may require a storm water pollution
prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly,
equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out
partially or wholly out of doors.
2. Coordination with Hazardous Materials Release Response Plans and lnventory.
Any business requiring a hazardous materials release response and inventory plan under
Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and
Safety Code, shall include in that plan provisions for compliance with this chapter, including the
provisions prohibiting non-storm water discharges and illegal discharges, and requiring the
release of pollutants to be reduced to the maximum extent practicable.
3. Coordination with Hazardous Waste Generator Contingency Plan and
Emergency Procedures. Any business requiring ahazardous waste generator contingency plan
and emergency procedures pursuant to California Code of Regulations, Title 22, Sections
66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter,
including the provisions prohibiting non-storm water discharges and illegal discharges, and
requiring the release of pollutants to be reduced to the maximum extent practicable.
6
B. Construction
1. Any person performing construction activities in the City shall prevent pollutants
from entering the storm water conveyance system and comply with all applicable Federal, State
and local laws, ordinances or regulations, including but not limited to, the current California
NPDES General Permit for storm water discharges assoeiãtêd with construction activity
(Construction General Permit) and this chapter. All construction projects, regardless of size,
having soil disturbance or activities exposed to storm water must, at a minimum, implement
BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution
prevention measures, and prohibited discharges.
2. Any person subject to a construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit may
be required in a form acceptable to the enforcement official prior to, or as a condition of, a
subdivision map, site plan, building permit, grading permit, or development or improvement
plan, upon inspection of the facility, during any enforcement proceeding or action, or for any
other reasonable cause. Prior to issuance of a construction permit or approval of the proposed
improvement plans, for projects subject to the State's current Construction NPDES General
Permit, the WDID number and the SWPPP shall be submitted to the City. For projects with less
than an acre of soil disturbance or not subject to the Construction General Permit, an Erosion
and Sediment Control Plan (ESCP) and the ESCP Worksheet must be submitted to the City.
3. As required by its Phase ll MS4 NPDES Permit, the City will conduct storm water
compliance inspections at applicable construction sites that have areas of soil disturbance
exposed to storm water. The inspection will be conducted by a City inspector or agent working
for the City who is a Qualified SWPPP Practitioner (QSP) or is supervised by a QSP. The
inspection will evaluate the construction site's compliance to the City's storm water ordinances.
lnspections will be billed by the City to the project owner. The following is the risk rating system
and inspection frequency the City will use, which is analogous to the risk rating used by the
California Construction General Permit.
(a)Projects not subject to the Construction General Permit (CGP) or that
have an Erosivity Waiver will have a pre-soil disturbance inspection and a
project completion inspection.
Projects that are Risk 1 / Linear Underground/Overhead Projects (LUP)
Type 1 or Risk 2 I LUP Type 2 will have a pre-soil disturbance inspection,
monthly inspections, and a project completion inspection.
(b)
(c)Projects that are Risk 3 / LUP Type 3 will have a pre-soil disturbance
inspection, bi-monthly (twice per month) inspections, and a project
completion inspection.
C. Development.
1. The enforcement official may require controls as appropriate to minimize the
long- term, post-construction activity discharge of storm water pollutants from new
development(s) or modifications to existing development(s). Controls may include source
control measures to prevent pollution of storm water, treatment controls designed to remove
pollutants from storm water, low impact development measures, and/or hydromodification
measures to offset the difference between the pre and post-construction peak flow runoff rates
and volumes. Proponents of all applicable development and redevelopment projects will be
required to meet the requirements and design standards specified in the current State of
7
California Phase ll MS4 NPDES Permit and as described in further detail in the City's Storm
water Design Standards Manual for New Development and Redevelopment.
2. At the earliest planning stages, project proponents shall assess and evaluate
how site conditions, such as soils, vegetation, and flow paths will influence the placement of
buildings and paved surfaces. The evaluation will be used to optimize the site layout to meet
the goals of capturing and treating runoff. Each project proponent will submit a map of the
project dividing the site into discrete drainage management areas to show in each how runoff
will be managed using site design measures, source controls, treatment controls, and
hydromodification measures as defined by the current MS4 permit. All site design measures,
source controls, treatment controls, and hydromodification measures must be selected, sized,
and situated in accordance with the guidance provided in the current MS4 permit and the City's
Storm Water Design Standards Manual for New Development and Redevelopment.
Documentation of the site's post-construction storm water design measures must be submitted
to the City's Public Works Department for review and approval prior to the commencement of
the project.
3. Project proponents must sign an operation and maintenance agreement in which
they legally bind themselves to maintain the installed post-construction design measures in an
effective and good operational condition until the property ownership is transferred. A written
operation and maintenance plan for the proposed storm water design measures is required to
be submitted to and approved by the City with the signed agreement. The agreement will be
recorded with the deed by the County Clerk making it transferrable to the new owner; or, when
there are multiple property owners responsible for the maintenance of the control measures, the
agreement will consist of a legally binding covenant between the City and the homeowners
association or maintenance district. The owner or association responsible for the maintenance
of the control measures may be required by the City to submit an annual self-certification that
the storm water control measures are effective and are being maintained in accordance with the
submitted and approved Operation and Maintenance Plan.
4. Any person subject to the State's current Construction NPDES General Permit
for storm water discharge shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the enforcement otficial prior to or as a
condition of a subdivision map, site plan, building permit, and development or improvement
plan; upon inspection of the facility; during any enforcement proceeding or action; or for any
other reasonable cause and shall provide copies of permits and applicable reports to the
enforcement official upon request.
5. Any person performing construction in the city shall prevent pollutants from
entering the storm water conveyance system and comply with all applicable federal, state and
local laws, ordinances or regulations including but not limited to the state general permit for
storm water discharges associated with construction activity and the city grading, erosion and
sediment control policies.
D. Compliance with General Permits. Each industrial discharger, discharger associated with
construction activity, or other discharger subject to any general storm water permit issued by the
United States Environmental Protection Agency, the State Water Resources Control Board, the
Regional Water Quality Control Board Central Valley Region or the city shall comply with the
requirements of such permit, and shall provide copies of permits and applicable reports to the
enforcement official upon request.
E Compliance with Best Management Practices. Every person undertaking any activity or
use of a premises which may cause or contribute to storm water pollution or contamination,
8
illegal discharges, or non-storm water discharges shall comply with best management practice
(BMPs) consistent with the California Storm Water Quality Association (CASOA) Best
Management Practice Handbooks or equivalent guidelines.
13.14.130 Containment and notification of spills
Any person owning or occupying a premises who has knowledge of any release of pollutants or
non-storm water discharge from or across that premises which might enter the storm water
conveyance system, other than a release or discharge that is permitted by this chapter, shall
immediately take all reasonable action to contain and abate the release of pollutants or non-
storm water discharge, and shall notify the enforcement agency within twenty-four hours of the
release of pollutants or non-storm water discharge.
Article lll. - Service Charges and Fees
13.14.140 Storm drain service charges.
A. The schedule of charges for the inspection, sampling and analysis of questionable storm
water flowing into the city's storm water conveyance system will be those established and
adopted by the city council from time to time by resolution.
13.14.150 Billingandcollections.
All billing and collections for service charges shall be per Section 13.04.030 of this code
Article lV. - Construction Generally
13.14.160 Permit.
No unauthorized person shall uncover, make any connection with or opening into, use, alter or
disturb any storm water conveyance system or appurtenances, thereof without first obtaining a
written permit from the public works director.
13.14.170 Design standards
All construction of public storm water conveyance systems or appurtenances shall conform to
the design criteria, the standard plans and specifications and the inspection and testing
procedures in accordance with current city public improvement design standards.
Article V. - Extensions
13.14.210 Purpose
The city council has adopted a storm water conveyance extension policy that is fair and
equitable to all developing properties and that provides that the cost of extension shall be
d istributed among subseq uently developing properties connecting thereto.
13.14.220 Application
Whenever a property owner requires storm drainage, an application shall be made to the public
works department. The public works director shall determine the closest storm water
9
conveyance and, if an extension is necessary, indicate the size of the main to be extended and
the limits of the extension.
13.14.230 Applicant'sobligation.
whenever the public works diiêctor determines that a storm water conveyance extension is
necessary, the applicant will be required to install, at the applicant's ow-n expense, the ?lorT
water conveyance extension in accordance with the engineering plans furnished by applicant
ànd approv"ä Oy the public works director. The plans snãll Oe prepared in accordance with the
city design standards.
13.14.240 Extension for fullfrontage width'
ln every case where a storm drain is to be tapped to serve a parcel, the same shall be extended
the full'frontage of ihe parcel unless ttre pubiic works.director determines that the storm drain
will not need tó be extended to serve any other properties'
13.14.250 Minimum diameter.
The minimum size storm drain shall have a nominal inside diameter of twelve inches. Larger
size mains may be required as determined by the public works director in accordance with the
city public improvemeni design standards to the city master storm drain plans'
13.14.260 Reimbursement-Oversizemains'
Whenever the city requires that a storm drain larger than eighteen lnchgs in diameter be
installed in order to serve additional property or to Conform to the applicable master plan, the
ãpplicant may apply for a reimbursement'agrêemerrt to the city in order to be reimbursed for the
ovärsizeo p¡óe ni the benefitting propeñy(s). The reimbursement shall be based on the
difference in'costbetween the actual plpe tb be installed and an eighteen-inch storm drain as
applicable. The difference in cost sirall be determined by the public works director. The
reimbursement shall be made in accordance with chapter 17.62.
Article Vl. - Administration
13.14.310 Monitoringfacilities.
A. The public works director may require a commercial/industrial user to construct and
maintain, at tne user's expense, monitoring facilities which meet all government safety
regulations (6SHA) io allow inspeition, sampling and flow measurement of the building internal
storm drainage ,y.t"r. and mày also require sãmpling or metering equipment to be provided,
installed, opératéO and maintained at the user's eipense. The monitoring facility should
normally be situated on the user's premises, but the public works director may, when s-uc!..a
location would be impractical or cause undue hardship on the user or the city, require the facility
to be constructed ¡n tne public right-of-way and located so that it will not be obstructed by
landscaping or Parked vehicles'
B. When the monitoring facility is inside the user's fence, there shall be accommodations to
allow access for the enforcãment ófficial, such as a gate secured with a city lock. There shall be
ample room in or near such monitoring facility to allow accurate sampling and compositing of
samples for analysis. The monitoring tacitity sl'rall be maintained at alltimes in a safe and proper
operating condition at the expense of the user.
10
C. Whether constructed on public or private property, plans..and .specifications shall be
approved by the public works director and oe in accordanie with all applicable city construction
standards and specifications. Construction shall be completed within sixty days following written
ñoütrcàt¡on by the city, unless a time extension is otheruise granted by the city'
13.14.320 lnspection, sampling, monitoring and analysis'
The enforcement official may inspect the facilities of any user to ascertain whether the purpose
of this chapter is oein! met ánd áll requirements are being complied with. Persons or occupants
of premises where sto-rm water is discharged shall allow..the public works director or designated
iåür"ràntrtive reaoy ãócess at ail reasonãbte times to all parts of the premises for the purposes
of inspection or sampling or in performånòe of any of theii duties. The enforcement official shall
have the right to set up on the user's property.such devices as are necessary to conduct
sampling or metering operations. Where a usei has security measures in..force which would
require proper ioentifftaiion and clearance before entry into their premises, the user shall make
necessary arrangements with its security guards io that upon presentation of suitable
identification, the enforcement official will be pãrmitted to enter without delay for the purposes-of
performing their specific responsibilities. The user may be charged a fee 1o recover the costs for
inspection (investigations), sampling, monitoring and ánalyses þerformed by the city to establish
billing rates and to ensure compliance with all regulations.
13.14.340 Confidential information.
A. All information and data on a user obtained from reports, questionnaires, permit
application, permits and monitoring programs and.from inspections shall be available to the
public or other governmental agenðy witñout restriction unless (1) the user specifically requests
and is able to demonstrate to the satisfaction of the public works director that the release of
such information would divulge information, processes or methods that would be detrimental to
the user's competitivá pos¡i¡on; and (2) diiclosure is not required by the California Public
Records Act.
B. When requested by the person furnishing a report, the portions of -a report which might
disclose trade secrets or secret processes shai not be made available for inspection by the
prOf¡ò, but shall be made availabie to governmental agencies for use in making studies per.40
CFR 403.14; provided, however, that s-uch portions of ã report shall be available for use by the
state or any state "j"n.y in judicial review or enforcement proceedings involving the person
furnishing the reportl storm water constituents and characteristics will not be recognized as
confidential information.
13.14.350 SPecial agreements'
special agreements and arrangements between the city and any persons.oragencies may be
.åt"ol¡rn"io when, in tne opinion of the city council, unusual or extraordinary circumstances
compel special terms and cônditions. However, in no case may federal standards be waived or
modified.
11
Article Vll. - Enforcement
13.14.410 lnsPection authoritY.
Whenever necessary to make an inspection to enforce any of the prov'sio.ns of this chapter, or
whenever an authorized enforcement official has reasonable cause to believe that there exists
in any building or upon any premises any condition which. constitutes a violation of this chapter,
the enforcemãnt oti¡c¡at mây enter such building or premises at all reasonable times to inspect
the same or perform any Outy imposed upon tñe officer by this chapter' Any request for entry
shall state that the property owner or occupant has the right to refuse entry and that in the event
that such entry is refuseO, inspection may be made upon issuance of a warrant issued by a
court of compêtent jurisdiction. ln the evênt the owner or occupant refuses entry after such
request has been made, the enforcement official is empowered to seek assistance from any
.oùrt of competent ¡urisáiction in obtaining such entry. lnspections shall be based upon such
reasonable selection processes as may bJdeemed necessary to carry.out the objectives of this-
chapter, including but not limited to, random sampling and/or sampling in areas with evidence of
storm water contamination, illegal discharge, non-storm water discharge to the storm water
conveyance system, or similar factors.
A. Sampling Authority. During any inspection, the enforcement official may take samples as
necessary in orãer to implementãnd-enforce the provisions of this chapter. This authority may
include the installation of sampling and metering devices on private property, or requiring the
person owning or occupying the premises to supply samples'
B. Monitoring, Analysis and Reporting Authority. The enforcement official may require
monitoring, analysis an'd reporting of diðcharges from any premises to. the storm water
conveyarice system. Upon s'ervicJ of written notice by the enforcement official, the burden,
including cost, of these activities, analyses and reports, incurred in complying with the-
requirerient shall, to the extent permitted óy law, be borne by the property owner or occupant of
the facility or activity for which testing and monitoring has been requested'
13.14.420 Enforcementauthority.
The enforcement official may exercise any enforcement powers authorized or provided in this
code, including without limitãtion, adminiðtrative penalties pursuant to this code, as may be
necessary to effectively implement and enforce this chapter.
A. Administrative Enforcement Powers. The enforcement official may also exercise any of
the following supplemental enforcement powers as may be necessary or advisable in the
enforcement official's judgment under the circumstances:
1. Notice of Violation (NOV). Whenever the enforcement official finds that any
person owning or occupying a premises has violated or is violating this chapter or
an order issùed hereuñder, the enforcement official may serve, by personal
service, or by registered or certified mail, upon said person a written NOV. Within
thirty days oi tné receipt of this notice, or sooner as may be prescribe_d in the
NOV, the person so noticed shall submit to the enforcement official an
explanation of the violation and a plan for the satisfactory correction and
prevention thereof, which shall include specific required actions. Submission of
this plan shall in no way relieve the person of liabilities for violations occurring
before or after receipt of the NOV. Failure to comply with the terms and
conditions of a NOV s.hall constitute a violation of this chapter. lf a person fails to
comply with the NOV, the enforcement official may perform, or cause to be
t2
2.
performed, such work as shall be necessary to correct the violation. The costs of
ãnV iu.f' work shall be borne by the property owner, and shall be collectable in
acóordance with the provisions of subsection (A)(9)'
Cease and Desist Orders. The enforcement official may require any person
owning or occupying premises to cease and desist all activities that may cause or
contribute to dischãrge in violation of this chapter. This order may also require
iuch person to: (i) cımpty with the applicable provisions of this chapter within a
ãã.¡g;"t"6 period of time or; (ii) take appropriate remedial or preventative action
to keep the violation from recurring.
Notice to clean and Abate. The enforcement official may require any person
owning or occupying premises to clean up and abate any release of pollutants on
t¡or"iremises *f,¡äf' may result in a violation of this chapter. The enforcement
official may also order abátement of activities or practices which may reasonably
be expected to result in such a violation.
Mitigation. The enforcement official shall have authority to order the mitigation of
circúmstances which may result in or contribute to illegal discharges'
Storm Water Pollution Prevention Plan. The enforcement otficial shall have the
authority to establish elements of a storm water pollution prevention plan, and to
require âny business to adopt and implement such a plan, as may be reasonable
and necessary to fulfill the purposes of this chapter'
Best Management Practices. The enforcement official may establish the
requirementé of best management practices for any premises.
Violations Constituting Misdemeanors. ln addition to civil penalties provided for in
this chapter, any violãtion of this chapter may be punishable as a misdemeanor
as provided by Section 1.08.010 of this code.
Violations Deemed a Public Nuisance. ln addition to the penalties hereinbefore
provided, any condition caused or permitted to exist in violation of any of the
þrovisions of this chapter is a threat to the public health, safety or welfare and is
ihus deemed a nuisânce. Any such nuisance may be summarily abated and/or
restored by any authorized enforcement official. The city attorney is authorized to
pursue civil aciion(s) pursuant to subsection B of this section to abate, enjoin, or
otherwise compel the cessation of the nuisance.
Cost Recovery. The cost of the abatement and restoration shall be borne by the
owner of the þroperty and the cost therefore shall be invoiced to the owner of the
property. lf th'e invoióe is not paid within sixty days, the enforcement official shall
irave tfrê authority to place a ìien upon and against the property lf the lien is not
satisfied within three'months, the enforcement official is authorized to take all
legal measures as are available to enforce the lien as a judgment, including,
wiîhout limitation, enforcing the lien in an action brought for a money judgment or
by delivery to the county ássessor or a special assessment against the property
in accordance with Government Code Section 38773'5
Seasonal and Recurrent Nuisance. lf any violation of this chapter constitutes a
seasonal and recurrent nuisance, the enforcement official shall so declare.
Thereafter such seasonal and recurrent nuisance shall be abated every year.
13
3
4
5
þ.
7
8.
L
10.
11
12
Costs of Enforcement. lf the city prevails in any administrative, civil or criminal
proceeding initiated under this chapter, the city shall be entitled to seek
reimburseñrent for all costs incurred in connection with said proceeding. Such
reimbursable expenses may include, but are not limited to, costs of investigation,
administrative overhead, out-of-pocket expenses, costs of administrative
hearings, and costs of suit. lf any such costs are granted to the city, said costs
shall bé recoverable pursuant to subsection (AXg) of this section.
Administrative Citation.
(a) lf the owner, or person responsible for the violation, fails to correct the
violation within the time specified in the NOV, cease and desist orders, or
notice to clean and abate, the enforcement official may cause a violation
citation imposing an administrative fine or penalty to be l.t!99 to the
owner of the property (California Government Code Section 53069'4)'
(b) Any citation issued shall:
(i) ldentify the date, time and circumstances of the violation;
iiil State the amount of the penalty to be assessed;
i¡¡il Advise the person of their appeal rights as provided herein.
(c)
(e)
(ii)
(¡ii)
(iv)
(v)
(vi)
(i)
The citation shall be served in the same manner as the NOV. ln
determining the amount of penalty to be assessed, consideration will be
given to the following:
The extent to which the owner or person responsible for the
violation had knowledge or reasonably should have known that
the action taken was a violation of this chapter;
The magnitude of the violation;
The extent to which the owner or person responsible for the
violation derived a financial benefit from the violation;
Any prior history of related violations by the same person on the
sub¡ect property or on other parcels within the City; and
Any corrective action, or lack thereof, taken by the owner or
peison responsible to eliminate the violations, and any other
mitigating iircumstances justifying a reduction of the amount of
the penalties.
The amount of the penalty shall be derived as outlined in the
city,s storm water Enforcement Response Plan or as established
aná approued by the city councilfrom time to time by resolution.
Any person receiving a citation may request an appeal as provided in
Section 1.10.250 of the Lodi Municipal Code.
lf the owner of the property fails to pay the penalty assessed under this
section upon demand by the City, the penalty shall be specially assessed
against the parcel. The special assessment may be collected at the same
tiñe and in the same manner as ordinary County taxes are collected, and
shall be subject to the same penalties and the same procedure and sale
in case of délinquency as are provided for ordinary County taxes. A notice
of abatement lien shall be recorded and shall become a lien on the
t4
(d)
property pursuant to the provisions of california Government code
b"ótion sblls.s. The Director of Public Works is authorized to prepare
and record a notice of release of lien against the legal title of the subject
property(s), if the penalty is paid in full'
B. civil Actions. ln addition to any other remedies provided in this chapter, any violation of
this chapter may be énforced by civil âction brought by the city attorney' Monies recovered
under this subsection shall be paid to the city to oã useo exclusively for costs associated with
monitoring and establishing storm watei discharge pollution control .. systems and/or
implementing o,
"nfo*¡Àg
tnã provisions of this chaptei. ln any such action, the city may seek,
as appropriate, any or all of the following remedies:
1. A temporary and/or permanent injunction;
2. Assessment of the violator for the costs of any investigation, inspection, or
monitoring survey which led to the establishment of the violation, and for the
reasonabie costs of preparing and bringing legal action under this subsection;
3. Costs incurred in removing, correcting or terminating the adverse effects
resulting from the violation;
4. Compensatory damages for loss or destruction to water quality, wildlife, fish and
aquaiic life nót to exceed six thousand dollars per day, per occurrence in which
such violations occur. The city attorney, upon order of the city council, shall
petition the superior court to impose, assess and recover such sums. This
penalty is ¡n a'OO¡tion to any penalties which may be impo_sed by the State
ifegionat Water euality Contiol Board and the Environmental Protection Agency.
Should the damage ãtso cause the city to be cited for a violation of state or
teOeiai requ¡remeñts, the cost of said citation will be passed onto the offending
party.
C. Authority to Arrest or lssue Citations. Any authorized enforcement official shall have and
is vested with the authority to arrest or cite and release any person
-who.
violates any section of
this chapter in the mànner provided by the California Penal Code for the arrest or release on
citation of misdemeanors or infractions as described by Chapters 5, 5(c) and 5(d) of Title.3, Part
2 of the California penal Code (or as the same may Îereafter be amended). Such authorized
enforcement official may issue citations and notice to appear tl tn9 manner prescribed by
ðrrapter b(c) Tiile-ã, Þ;"rt 2 of the california Penal code, including section 853.6 (or as the
,"rã ,"y n"r""tter ¡e amended). lt is the intent of the city council that the immunities
prescrined in section g36.s of the california Penal code be applicable to public officers or
ãrployees acting in the course and scope of employment pursuant to this chapter'
D. Emergency Orders and Abatements. The enforcement official may order the immediate
abatement of any discharge from any source to the storm water conveyance system when, in
the opinion of the enforceñrent officiál, the discharge causes or threatens to cause a condition
which presents an imminent danger to the public health, safety, or welfare, or the environment,
or a violation of a NPDES Permit.
1. Abatement and cleanup of spills, illicit discharges, or dumping to the storm
drainage system must o'ccur witn¡n 72 hours of notification; or sooner for high risk
spills o"r diécharges. For areas of uncontrolled pollutant sources, abatement must
be performed within 30 days of notification'
15
2. ln emergency situations where the property owner or other responsible party is
unavaila-ble ãnd time constraints are such that service of a notice and order to
abate cannot be effected without presenting an immediate danger to the public
health, safety or welfare, or the environment or a violation of a NPDES permit,
the city may perform or cause to be performed such work as shall be necessary
to abate said threat or dan$er.
3. The costs of any such abatement shall be borne by the owner and shall be
coltectable in accordance with the provisions of subsection (AX9) of this section.
4. The enforcement official may order the immediate cessation of any activities that
cause an illicit discharge or cause or potentially cause uncontrolled pollutants to
enter the storm watèr conveyance system when, in the opinion of the
enforcement official, the activities present an imminent danger to tle public
health, safety, welfare or environment, or a violation of a NPDES permit.
Activitíes may not resume until the enforcement official has verified that the threat
to the environment and the City's MS4 has been abated'
E. Contents of Notice of Violation. Any NOV, cease and desist order, or other civil notice or
civil order issued by the enforcement officiâl pursuant to this chapter shall include the following:
1. The street address, parcel number, and/or a legal description sufficient for
identification of the property where the violation exists and the address of the
person responsible ior or committing the act that constitutes a violation of this
chaPter.
2. A brief and concise description of the violation or use of the property or act that
constitutes a violation of this chapter.
3. The date by which the violation must be corrected, which shall be a reasonable
Period of time.
4. A copy of Section 13.14.450 of this chapter outlining appeal rights.
13.14.430 Remedies not exclusive.
Remedies under this chapter are in addition to, and do not supersede or limit, any and all other
remedies, civil or c¡minal. The remedies provided for herein shall be cumulative and not
exclusive.
13.14.440 Compliance timetable.
When the city finds that discharge of unacceptable storm water has been taking place, or is
threatening tó tate place, in violation of prohibitions or limitations prescribed in this chapter, the
city may rãquire the user to submit for approval, with such modifications as it deems necessary
a Oeta¡ieO time schedule of specific actions, which the user shall take in order to prevent or
correct a violation of requirements.
13.14.450 APPeal.
A. Any person served with a NOV, who is subject to a cease and desist order, who is
subject to än abatement order, who is required to perform monitoring, analyses, reporting and/or
t6
corrective activities by an authorized enforcement official, or who is otherwise grieved by the
decision of the authorized enforcement official, may appeal the decision to the public works
director within ten days following the effective date of the decision by filing a written appeal with
the public works direótor. Upon -receipt of such request, the public works director shall request a
report and recommendation from the authorized enforcement official and shall set the matter for
hËaring at the earliest practical date. Due notice of the hearing shall be provided to the person
ãpp""iíng the decision of the authorized enforcement official. At the hearing, the public works
diräctor -may hear additional evidence, and may reject, affirm or modify the authorized
enforcement official's decision.
B. lf the ruling made by the public works director is unsatisfactory to the person requesting
reconsideration, tñe person, mai, within twenty days after notification of the city's action, file a
written appeal to the'city council. The written appeal shall be heard by the council within twenty
days from'the date of filíng. The city council shall make a final ruling on the appeal within twenty
Oaís of the hearing. in" determination shall remain in effect during such period of
reconsideration.
13.14.460 Disclaimerofliability.
The degree of protection required by this chapter is considered reasonable for regulatory
purpor"ä and is based on scientific, éngineering, and.other relevant technical considerations'
The standards set forth herein are minimum standards and this chapter does not imply that
compliance will ensure that there will be no unauthorized discharge of pollutants into the waters
of the United States. This chapter shall not create liability on the part of the city, any officer or
employee thereof for any damages that result from reliance on the code or any administrative
decision lawfully made thereunder.
13.14.470 City authoritY.
The enforcement official is authorized to make any decision on behalf of the city required or
called for by this chapter.
13.14.480 - Judicial review.
The provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6 are applicable
to judicial review of city decisions pursuant to this chapter.
SECTION 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be
@amannerwhichimposesupontheCity,oranyofficeroremployee
thereof, a mañdatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as othenrise imposed by law.
SECTION 3. Severabilitv. lf any provision of this ordinance or the application thereof to any
@isheldinvalid,suchinvalidityshallnotaffectotherprovisionsor
äpplications of the ordinance which can be given effect without the invalid provision or
aþþication. To this end, the provisions of this ordinance are severable. The City Council
näi-eov declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof .
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
I7
SECTION S. This ordinance shall be published pursuant to law and shall become effective 30
days from the date of passage and adoption.
App this 3'd day of June, 2015
OHNSON
ATTEST:
AyES: COUNCIL MEMBERS - Kuehne, Mounce, Nakanishi, and Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Chandler
ABSTAIN: COUNCIL MEMBERS - None
lfurther certify that Ordinance No. 1905 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law'
1¡,Jnatø,*6
NIFER FERRAIOLO
City Clerk
R
a) t^"Å- þt, T-ot rt^øub
¡qftrren r{l rennntolo
City Clerk
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1905
was introduced at a regulai meeting of the City Council of the City of Lodi held May 20' 2015;
and was thereafter pas-sed, adopteã, and ordered to print at a regular meeting of said Council
held June 3,2015, by the following vote:
App
JOHN P. FUKASAWA
Deputy City AttorneY
as þ Fprm
(
18