ORD 470ORDINANCE NO. 470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER
8.70, OF THE LA QUINTA MUNfCIPAL CODE RELATING
TO STORMWATER MANAGEMENT AND DISCHARGE
CONTROLS
WHEREAS, the Federal Water Pollution Control Act, amended in 1977 as the
Clean Water Act, was amended in 1987 to establish new controls on industrial and
municipal Storm Water Discharges, including requiring a National Pollutant
Discharge Elimination System ("NPDES") permit for Storm Water Discharges from
municipal separate storm sewer systems ("MS4s"); and
WHEREAS, the State of California is authorized to administer various aspects
of the NPDES program under the Clean Water Act within the State; and
WHEREAS, the State Water Resources Control Board regulates the
Discharges of Pollutants into waters of the State through the California Regional
Water Quality Control Boards, and specifically through the Colorado River Basin
Regional Water Quality Control Board ("Regional Board") for the area within the
jurisdiction of the City of La Quinta; and
WHEREAS, on May 21, 2008, the Regional Board issued Order No. R7-
2008-0001 (NPDES No., CAS 617002) concerning Waste Discharge Requirements
for, among other entities, the incorporated cities of Riverside County within the
White Water River Basin for Storm Water Discharges; and
WHEREAS, the City of La Quinta is a Permittee under Order No. 87-2008-
0001, along with other incorporated cities and other entities within Riverside
County; and
WHEREAS, the purpose of this Ordinance is to continue to ensure the City of
La Quinta maintains legal authority as required by the regulations to the Clean
Water Act, and to comply with the other legal requirements set forth in Order No.
R7-2008-0001 and other orders and regulations issued by the State and Regional
Board.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. TITLE. This Ordinance hereby amends Chapter 8.70, entitled,
"STORMWATER MANAGEMENT AND DISCHARGE CONTROLS" City of La Quinta
Municipal Code.
Ordinance No. 470
Muni Code 8.70 Amendment
Adopted: May 19, 2009
Page 2
SECTION 2. PURPOSE AND INTENT. The purpose of this amendment to Chapter
8.70 of the City of La Quinta Municipal Code is to ensure the future health, safety,
and general welfare of the citizens of the City through the regulation of stormwater
management and discharge controls by ongoing consistency with the requirements
of the federal Clean Water Act and the California Porter-Cologne Water Quality
Control Act and the federal and State regulations issued under those laws.
SECTION 3: The La Quinta Municipal Code is hereby amended by adding the
following to Municipal Code Chapter 8.70:
A. Definitions. Section 8.70.020 ("Definitions") is hereby amended to
include the following:
(29). Commercial and Industrial Facilities shall mean and refer to a facility or
facilities that consist of any of the following: (1) Auto-Related -.mechanical
repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and
equipment, body repair or painting of automobiles and other vehicles, retail or
wholesale fueling, automobile parking lots and storage facilities; (2) Mobile-Related
activities - mobile automobile or other motor vehicle washing; pest control
services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting;
masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-
Potty or other portable toilet servicing; (3) Others - cemeteries, nurseries,
greenhouses, golf courses, parks, other recreational areas/facilities, eating and
drinking establishments; (4) Industrial -industrial facilities as defined within the
Federal Clean Water Act, operating and closed municipal landfills, facilities subject
to SARA Title III, hazardous waste treatment, disposal, storage and recovery
facilities.
B. Reduction of the discharge of pollutants to storm drain systems,
discharges in violation of Permit. Section 8.70.060 ("Reduction of the discharge of
pollutants to storm drain systems") is hereby amended to include the following:
14). Discharge in violation of NPDES Permit. Any discharge that would
result in or contribute to a violation of an existing or future municipal NPDES
permit(s) or any amendment or revision thereto or reissuance thereof, either
separately considered or when combined with other discharges, is a violation of
this ordinance and is prohibited. Liability for any such discharge shall be the
responsibility of the person(s) causing or responsible for the discharge, and such
persons shall defend, indemnify and hold harmless the County in any administrative
or judicial enforcement action relating to such discharge.
Ordinance No. 470
Muni Code 8.70 Amendment
Adopted: May 19, 2009
Page 3
C. Commercial and Industrial Facilities Inspections. Section 8.70.140
("Inspection and enforcement") is hereby amended to include the following:
(3) Inspection of Commercial and Industrial Facilities. Any person or entity
that owns or operates a commercial and/or industrial facility(s) shall comply with
the provisions of this ordinance and City of La Quinta Municipal Code, Title 8,
Chapters 8.01-8.17, and 8.80. All such facilities shall be subject.to a regular
program of inspection as required by this ordinance, California `Water Code
§ § 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C.
§ § 1251 et seq. (Clean Water Act), any applicable state or federal regulations
promulgated thereto, and any related administrative orders or permits issued in
connection therewith.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance; and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 19`" day of May, 2009, by the following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
V//' ° "~
Donald Adol h, M
City of La Quinta, California
Ordinance No. 470
Muni Code 8.70 Amendment
Adopted: May 19, 2009
Page 4
A
VERONICA Jj~/IONTECINO,
City_of La rnta, California
_ ~:
(City Seal)_ ~_'
APPROVED AS TO FORM:
City Clerk
~~
M. KATHERINE JE N, City Attorney
City of La Quinta, California
Ordinance No. 470
Muni Code 8.70 Amendment
Adopted: May 79, 2009
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance
No. 470 which was introduced at a regular meeting on the 5"' day of May and was
adopted at a regular meeting held on the 19`" day of May not being less than 5
days after the date of introduction thereot.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Uinta as specified in City Council Resolution 98-109.
VERONICA J. TECINO, City Clerk
City of La Qui a, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on p 26 2ooq ,pursuant
to Council Resolution.
VERONICA J~e1'ONTECINO, City Clerk
City of La Quinta, California