ORD 493ORDINANCE NO. 493
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 8.70 TO THE CITY OF LA QUINTA
CHARTER AND MUNICIPAL CODE ENTITLED
"SURFACE WATER MANAGEMENT AND
DISCHARGE CONTROLS"
WHEREAS, the Federal Water Pollution Control Act (commonly known as the
"Clean Water Act" or "CWA"), 33 U.S.C. section 1251 et seq., as amended,
prohibits the discharge of any "Pollutant" (as defined in the Clean Water Act) to
waters of the United States from a point source, unless the discharge is authorized
by a permit issued pursuant to the National Pollutant Discharge Elimination System
("NPDES"); 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, pursuant to the CWA, the United States Environmental
Protection Agency ( "US EPA ") has defined the term "Municipal Separate Storm
Sewer System" or "MS4" to mean a conveyance, or system of conveyances,
including roads with drainage systems, municipal streets, curbs, gutters, catch
basins, and storm drains owned or operated by a city, used for collecting
stormwater; and
WHEREAS, CWA section 402(p) (33 U.S.C. § 1342(p)), requires that the
City obtain an NPDES permit for the discharge of pollutants from the City's MS4;
and
WHEREAS, CWA section 402(p) (33 U.S.C. § 1342(p)) further provides that
NPDES permits shall require controls to reduce the discharge of pollutants from the
MS4 to the maximum extent practicable, including management practices and such
other provisions as may be appropriate for the control of pollutants; and requires
the City to effectively prohibit non - stormwater discharges to the MS4; and
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Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
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WHEREAS, on May 21, 2008, the Regional Board issued Order No. R7-
2008 -0001, ( NPDES No. CAS617002) concerning Waste Discharge Requirements
for, among other entities, various incorporated cities in Riverside County, for
stormwater discharges from the Municipal Separate Storm Sewer System within
the White Water River Watershed ( "MS4 NPDES Permit "); and .
WHEREAS, the MS4 NPDES Permit and U.S. EPA regulations implementing
the CWA, require the City to demonstrate that it has adequate legal authority,
through ordinance or other authority, to prohibit illicit discharges and to otherwise
require compliance with the MS4 NPDES Permit; and
WHEREAS, under the California Constitution and California statutory law, 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; and
WHEREAS, surface runoff is one step in the cycle of water. However,
human activities, such as agriculture, construction and the operation and
maintenance of an urban infrastructure may result in undesirable discharges of
pollutants and certain sediments, which may accumulate in local drainage channels
and waterways and eventually may be deposited in the waters of the United
States; and
WHEREAS, the purpose of this Ordinance is to assist in improving water
quality within the White Water River Watershed, and to comply with Federal and
State requirements for the control of urban pollutants to surface runoff entering the
network of storm drains throughout the Watershed; and
WHEREAS, the City is authorized by Article XI, sections 5 and 7 of the State
Constitution to exercise the police, power of the State by adopting regulations
promoting the public health, public safety and general prosperity; and
WHEREAS, a reduction in surface runoff borne pollution should promote the
public health and protect the general welfare of the locality by reducing the level of
artificial and naturally occurring constituents from entering the waters in this
Watershed; and
WHEREAS, the land use authority exercised by the City, pursuant to
California Government Code section 65300 at seq., requires regional planning and
the adoption of policies protecting the environment through the imposition of
reasonable conditions on the use of land; and
WHEREAS, this Ordinance conforms to the policies and goals of the General
Plan adopted by the City, pursuant to California Planning and Zoning Law, for the
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
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protection of the White Water River Watershed by implementing measures to
control erosion and prevent the pollution of streams and other waters; and
WHEREAS, the Subdivision Map Act, California Government Code
section 66411, authorizes the City to regulate and control the design and
improvement of subdivided lands and mitigate the burdens of proposed
development by imposing reasonable conditions on map approval; and
WHEREAS, California Constitution Article XI, section 7 and Government
Code section 38660 authorize the City to establish appropriate conditions for the
issuance of building permits, which require the installation of improvements
reasonably related to the proposed use of property; and
WHEREAS, Government Code section 38771 authorizes the City to declare
as public nuisances undesirable acts which may injure health or cause interference
with the comfortable enjoyment of life or property and to provide for the abatement
of the same; and
WHEREAS, the City may commence civil actions, pursuant to CWA
Section 505(a), (U.S.C. § 1365(a)), against any person or any governmental
agency acting in violation of any requirement of the CWA or any applicable NPDES
permit; and
WHEREAS, all industrial dischargers subject to the provisions of the State
Industrial General Permit and State Construction General Permit (referred to
collectively herein as the "State General Permits ") must comply with the lawful
requirements of the City, which regulate discharges to the MS4 within its
jurisdiction; and
WHEREAS, the City has jurisdiction over certain MS4 facilities and
watercourses within the City, and these facilities may receive discharges from
properties and activities regulated under the provisions of the State General
Permits; the City may, therefore, request that the regulated dischargers furnish
information and records as necessary to determine compliance with the State
General Permits so that it may ensure compliance with the MS4 NPDES Permit; and
WHEREAS, this Ordinance is being adopted to further ensure that the City
has adequate legal authority, in accordance with the MS4 NPDES Permit, the
requirements of which are exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Public Resources Code section 21000, et seq., including but
not limited to sections 21083 and 21084, et seq.; and
WHEREAS, this Ordinance is subject to CEQA categorical exemption classes
1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines,
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Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
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respectively, Title 14, California Code of Regulations sections 15301, 15302,
15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322.
NOW, THEREFORE, the City Council of the City of La Quinta, California,
hereby ordains as follows:
SECTION 1 : In order to protect the public health, safety and well- being, and the
environment, and to ensure compliance with any obligations imposed on the City
under the Clean Water Act ( "CWA ") and the EPA regulations implementing the
CWA, and in order to ensure compliance with the Waste Discharge Requirements
imposed pursuant to State -laws, and in order to "effectively prohibit" Illicit
Discharges into the MS4 and to ensure the City has full authority to obtain and
require compliance with the MS4 NPDES Permit, Chapter 8.70 of the City of La
Quinta Municipal Code is hereby repealed and replaced with a new Chapter 8.70
entitled "Surface Water Management. and Discharge Controls," which reads in its
entirety as follows:
Chapter 8.70 SURFACE WATER MANAGEMENT AND DISCHARGE CONTROLS
8.70.010 Purpose and Intent.
8.70.020 Definitions.
8.70.030 Responsibility for Administration.
8.70.040 Regulatory Consistency.
8.70.050 Illicit Discharges Prohibited.
8.70.060 Illicit Connections.
8.70.070 New Development /Redevelopment Projects.
8.70.080 Best Management Practice (BMP) and Monitoring Program
Requirements.
8.70.090 Commercial /Industrial Program Requirements.
8.70.100 Inspections.
8.70.110 Notification.
8.70.120 Administrative Remedies.
8.70.130 Nuisance.
8.70.140 Criminal Sanctions.
6.70.150 Consecutive Violations.
8.70.160 Nonexclusive Remedies.
8.70.170 Citations.
8.70.180 Violations of Other Laws.
8.70.190 Injunctions.
8.70.200 Other Civil Remedies.
6.70.210 Coordination With Other Agencies.
8.70.220 Compliance With Chapter is Not Compliance With Other Laws.
8.70.230 Severability.
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 5
8.70.010 Purpose and Intent
The purpose of this Chapter is to protect public health and safety and the
environment, and to promote the welfare of the community by:
A. Effectively prohibiting Non - Stormwater Discharges into the MS4.
B. Reducing Pollutants in Urban Runoff, including those Pollutants taken
up by Stormwater and Non - Stormwater, as it flows over urban areas,
to the maximum extent practicable.
C. Establishing minimum requirements for surface runoff management,
including source control requirements to prevent and reduce pollution,
and requirements for New Development and Redevelopment Projects.
D. Protecting and enhancing the quality of surface waters in a manner
pursuant to and consistent with the CWA.
8.70.020 Definitions
For purposes of this Chapter, the following terms shall have the meanings
set forth in this Section:
"Allowable Non - Stormwater Discharges" shall mean those Discharges not
prohibited by this Chapter, and shall include only the following:
a. Discharges covered by and in compliance with NPDES permits or other
written clearances, waste discharge requirements or authorizations
prescribed by the Regional or State Boards;
b. Potable water line flushing and other potable water sources;
c. Passive footing drains;
d. Water from crawl space pumps;
e. Discharges from landscape irrigation, lawn /garden watering and other
irrigation waters;
f. Dechlorinated swimming pool Discharges;
g. Non - commercial vehicle washing; (e.g. residential car wash (excluding
engine degreasing) and car washing fundraisers by non - profit
organizations);
h. Diverted stream flows;
i. Rising ground waters and natural springs;
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Surface Water Management and Discharge Controls
Municipal Code Chapter 6.70
Adopted: November 1, 2011
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j. Groundwater infiltration as defined in 40 CFR 35.2005(20) and
uncontaminated pumped ground water;
k. Flows from riparian habitats and wetlands;
I. Street washing activities;
m. Emergency - water flows (i.e., fire- fighting flows and other flows necessary
for the protection of life and property) do not require BMPs and need not
be prohibited. However, appropriate BMPs shall be considered, but only
where practicable, and when not interfering with emergency public health
and safety;
n. Waters not otherwise containing "Wastes," as defined in CWC Section
13050(d).
In any action to enforce this Chapter, the burden shall be on the person or
entity who is the subject of such action to establish that a Discharge was within
the scope of an Allowable Non - Stormwater Discharge.
"Basin Plan" shall mean the operative "Water Quality Control Plan for the
Colorado River Basin," and any and all amendments thereto.
"Best Management Practices" or "BMPs" shall mean "BMPs," as defined in
the federal regulations, 40 CFR section 122.2, such terms shall include schedules
of activities, prohibitions of practices, maintenance procedures and other
management practices to prevent or reduce the Discharge of Pollutants to waters
of the United States. The term "Best Management Practices" or "BMPs" shall also
include treatment requirements, operating procedures and practices to control
surface runoff, including spillage or leaks, sludge or waste disposal, and /or drainage
from raw material storage.
"CEQA" shall mean the California Environmental Quality Act, California
Public Resource Code section 21000 et seq., and the regulations thereunder.
"City" shall mean the City of La Quinta, Riverside County, California.
"City Manager" shall mean the City Manager of the City of La Quinta, or
his /her designee.
"Clean Water Act" or "CWA" shall mean the federal Clean Water Act (33
USC § 1251 et seq., as amended, including § 1342(p) therein), inclusive of those
provisions requiring municipal and industrial dischargers to obtain NPDES permits
for their Discharges, and for purposes of this Chapter, inclusive of all federal
regulations issued thereunder.
"CWC" shall mean the California Water Code.
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 7
"Development" shall mean any and all New Development or Redevelopment
Projects involving land disturbing activities or structural development, including
construction or installation of a building or structure, and /or the creation of
Impervious Surface Areas (a /so see "New Development' and "Redevelopment
Projects" defined below).
"Development Planning and Permitting Program of the SWMP" shall mean
Section 4.0 of the Stormwater Management Plan and the Water Quality
Management Plan requirements set forth therein, as all such
documents /requirements may be amended from time to time.
"Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping or disposal
of any liquid, semi -solid or solid substance.
"Director" means the City of La Quinta Director of Public Works or his or her
designee.
"Enforcement Officer" shall mean any City employee assigned to conduct
inspections or issue approvals or take enforcement action under this Chapter.
"Enforcing Attorney" shall mean the City Attorney, acting as counsel to the
City of La Quinta and his or her designee, or the District Attorney, as any such
counsel may be authorized to take enforcement action under this Chapter herein.
"EPA" shall mean the United States Environmental Protection Agency.
"Hazardous Substance" shall mean any "Hazardous Substance" as that term
is defined under California Health and Safety Code sections 25281(h), 25501(q)
and 25501.1, and under Title 42, section 9601(14) of the United States Code; any
"hazardous waste" as that term is defined under Title 42 section 6903(5) of the
United States Code, and under California Health and Safety Code section 25117;
any "hazardous material" as that term is defined under California Health and Safety
Code section 25501 (p); and any chemical which the Governor of California has
identified as a chemical known to the State to cause cancer or reproductive
toxicity, pursuant to California Health and Safety Code section 25249.8; and any
crude oil or refined or unrefined petroleum product, or any fraction or derivative
thereof, and any asbestos or asbestos - containing material. The term "Hazardous
Substance" includes any waste, substance or material added as a result of any
amendments to the above - referenced statutes and regulations.
"Illicit Connection" shall mean any man -made physical connection to the
MS4 which has not been authorized by the agency with jurisdiction over the
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1. 2011
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system at the location at which the physical connection is made, or any such
authorized connection which conveys an Illicit Discharge to the MS4.
"Illicit Discharge" shall mean any "Prohibited Discharge" as such term is
defined in this Chapter.
"Impervious Surface Area" means the ground area covered or sheltered by
an impervious surface, measured in plain view (i.e., as if directly above). For
example, the "impervious surface area" for a pitched roof is equal to the ground
area it shelters, rather than the surface area of the roof itself.
"Impervious Surfaces or Covers" shall mean a constructed or modified
surface that cannot effectively infiltrate rainfall. The term includes, but is not
limited to, building rooftops, pavement, sidewalks and driveways.
"Invoice of Costs" shall mean an invoice of the actual costs and expenses of
the City, including but not limited to, administrative overhead, salaries and other
expenses not prohibited from being recovered under State Law and incurred during
any inspection, enforcement and /or cleanup action conducted pursuant to this
Chapter, or where an administrative citation, notice of non - compliance,
administrative compliance order or other enforcement action under this Chapter is
utilized to obtain compliance with this Chapter.
"Maximum Extent Practicable" or "MEP" shall mean the that standard
established by Congress in CWA section 402(p)(3)(B)(iii) for MS4 discharges, as
defined in the MS4 NPDES Permit.
"MS4" or "Municipal Separate Storm Sewer System" shall mean the
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: (i) owned or operated by a state, city, town, borough,
county, parish, district, association, or other public body (created by or pursuant to
State law) having jurisdiction over the discharge of surface runoff, sewage,
industrial waters or other wastes, including special districts under State law, such
as a sewer district, flood control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or designated and approved
management agency under Section 208 of the CWA that Discharges to waters of
the United States; (ii) designated or used for collection or conveying surface runoff;
(iii) which is not a combined sewer; and (iv) which is not part of a Publically Owned
Treatment Works ( "POTW ") as defined in 40 CFR 122.26.
"MS4 NPDES Permit" shall mean the currently applicable MS4 NPDES permit
issued by the Regional Board to the City.
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 9
"New Development" shall mean new construction on a previously
undisturbed parcel. New development does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or the original purpose of a
facility; nor does it include emergency new developments required to protect public
health and safety.
" NPDES" shall mean the National Pollutant Discharge Elimination System
permitting requirements as set forth under the Clean Water Act.
"Non- Stormwater" shall mean all Discharges to and from the MS4 that do
not originate from precipitation events.
" Permittee" or "Permittees" shall mean one or more of the following entities
who are Permittees under the MS4 NPDES Permit: Riverside County Flood Control
and Water Conservation District, County of Riverside, Coachella Valley Water
District, and all incorporated Cities of Riverside County within the White Water
River Basin.
"Person" shall mean any natural person as well as any corporation,
partnership, government entity or subdivision, trust, estate, cooperative
association, joint venture, business entity, or other similar entity, or the agent,
employee or representative of any of the above.
"Planning Director" shall mean the Director of the City's Planning
Department, or his or her designee.
"Pollutant" shall mean "Pollutant" as defined in the MS4 NPDES Permit.
"Priority Development Project" shall mean any of the following categories of
New Development and Redevelopment Projects (as also described in the MS4
NPDES Permit), requiring any form of discretionary permit to be issued by the City:
1. Single- family hillside residences that create 10,000 square feet, or
more, of impervious area where the natural slope is twenty -five
percent (25 %) or greater, and including single - family hillside
residences that create 10,000 square feet of impervious area where
the natural slope is ten percent (10 %) or greater where erosive soil
conditions are present;
2. 100,000 square foot or more commercial and /or industrial
development;
3. Automotive repair shops (with Standard Industrial Classification
( "SIC ") codes 5013, 7532, 7533, 7534, 7537, 7538, and 7539);
4. Retail gasoline outlets disturbing greater than 5,000 square feet;
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
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5. Restaurants disturbing greater than 5,000 square feet;
6. Home divisions with ten or more housing units; and
7. Parking lots 5,000 square feet or more or with 25 or more parking
spaces and potentially exposed to Urban Runoff.
Where a New Development project feature, such as a parking lot, falls into a
Priority Development Project category, the entire project shall become a Priority
Development Project.
"Prohibited Discharge" shall mean any Discharge from the MS4 to Waters of
the United States containing Pollutants, which have not been reduced to the MEP.
The term "Prohibited Discharge" includes:
1. The Discharge of waste to waters of the State in a manner causing, or
threatening to cause, a condition of pollution, contamination, or
nuisance, as defined in CWC section 13050;
2. The Discharge of Pollutants or dredged or fill material to waters of the
United States, except as authorized by an NPDES permit or a dredged
or fill material permit subject to the exemption described in CWC
section 13376;
3. Any Discharge to the MS4 that is not composed entirely of
Stormwater is prohibited, unless authorized as an Allowable Non -
Stormwater Discharge;
4. The unauthorized Discharge of treated or untreated sewage to waters
of the State or to the MS4;
5. The Discharge of oil, gasoline, diesel fuel, or any other petroleum
derivative or any toxic chemical or Hazardous Substance into the
MS4;
6. Urban Runoff Discharges to the MS4 which cause or contribute to an
exceedance of a water quality standard for a Receiving Water. (a
"water quality standard" consists of the designated "beneficial uses,"
combined with the identified "water quality objectives," both of which
are referenced in the Basin Plan for the subject Receiving Water);
7. Wash water to the MS4 resulting from the hosing or clean of gas
stations, auto repair garages, or other types of automotive services
facilities;
8. Discharges to the MS4 resulting from the cleaning, repair, or
maintenance of any type of equipment or machinery, including motor
vehicles, cement - related equipment, and port -a -potty servicing;
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Surface Water Management and Discharge Controls
Municipal Code Chapter 9.70
Adopted: November 1, 2011
Page: 11
9. Wash water to the MS4 from mobile operations such as oily or greasy
Discharges from mobile automobile washing, and /or Discharges from
steam cleaning, power washing, and carpet cleaning and other similar
Discharges;
10. Discharges, including Stormwater Discharges, from material storage
areas containing chemicals, fuels, grease, oil, or other Hazardous
Substances; and
11. Discharges of food - related wastes (e.g., grease, fish processing, and
restaurant kitchen mat and trash bin wash water and other similar
types of wastes).
12. Any Discharge to the MS4 from an Illicit Connection.
"Receiving Water(s)" shall mean all surface water bodies as defined in the
MS4 NPDES Permit, including, but not limited to, the White Water River Basin.
"Redevelopment Project" shall mean a project where major modifications to
an existing site or structure requiring a permit to be issued by the City for the
creation, addition, and /or replacement of impervious surface on an already
developed site. Examples include the expansion of a building footprint, road
widening, the addition to or replacement of a structure, and creation or addition of
Impervious Surfaces. Replacement of Impervious Surfaces includes any activity
that is not part of a routine maintenance activity where impervious material(s) are
removed, exposing underlying soil during construction. Redevelopment does not
include trenching and resurfacing associated with utility work; resurfacing existing
roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing
roads; and routine replacement of damaged pavement, such as pothole repair.
Routine maintenance, interior remodeling, re- roofing, and parking lot maintenance
are similarly not included in the definition of a "Redevelopment Project." A
Redevelopment Project is not to be confused with the projects undertaken by a
redevelopment agency.
"Regional Board" shall mean the California Regional Water Quality Control
Board, Colorado River Basin Region.
"State Board" shall mean the California State Water Resources Control
Board.
"State General Permit(s)" shall mean the State General Industrial Stormwater
Permit, the State General Construction Permit, or any other State General Permit
that has been or will be issued by the State Board, including all terms and
requirements under any such permit. In the event the EPA revokes the in -lieu
permitting authority of the State Board, then the term "State General Permit" shall
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Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70 -
Adopted: November 1, 2011
Page: 12
also refer to any EPA - administered NPDES permit for industrial and /or construction
activities.
"Stormwater" shall mean "storm water runoff, snow melt runoff and surface
runoff and drainage." See 40 CFR 122.26(b) (13).
"Stormwater Management Plan" or "SWMP" shall mean the White Water
River Region Stormwater Management Plan on file with the Director, as such
SWMP may be amended from time to time.
"Treatment Control BMPs" shall mean those structural BMPs designed to
infiltrate, filter or treat runoff volume of flow prior to the discharge of any such
runoff to a Receiving Water. Treatment Control BMPs shall include those
Treatment Control BMPs as described in the MS4 NPDES Permit in connection with
the regulation of New Development and /or Redevelopment-Projects.
"Urban Runoff" shall mean those Discharges from residential, commercial,
industrial, and construction areas within the White Water River Region MS4 permit
area, but excluding Discharges from feed lots, dairies, farms, POTWs and open
space. The term "Urban Runoff" is to include Discharges that consist of
Stormwater and Non - Stormwater surface runoff from drainage sub -areas with
various, often mixed, land uses located within any of the hydrologic drainage areas
that discharge into the waters of the United States.
"Water Quality Management Plan" or "WQMP" shall mean a water quality
management plan that is designed to minimize Pollutant Discharges, and /or
accelerated erosion and sediment runoff, during construction and /or post -
construction use of the property.
"WQMP Design Standards" shall mean those Water Quality Management
Plan design standards as may be required by the City in accordance with the
SWMP and /or the MS4 NODES Permit, and may include, but are not limited to,
design standards involving Peak -Urban Runoff Discharge Rates, Site Design BMPs,
Source Control BMPs, Treatment Control BMPs, Treatment Control Alternatives and
Waivers; and Infiltration -Based Treatment Control BMPs, all as described within the
MS4 NPDES Permit and /or the SWMP.
8.70.030 Responsibility for Administration
This Chapter shall be administered for the by the Director.
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Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 13
8.70.040 Regulatory Consistency
This Chapter shall be construed to assure consistency with the requirements
of the Clean Water Act and the California Water Code and all acts amendatory
thereof or supplementary thereto, applicable implementing regulations, and any
existing or future MS4 NPDES Permits, and any amendments and revisions thereto
or the reissuance thereof.
8.70.050 Illicit Discharges Prohibited
A. No person shall:
1. Cause, permit, allow or facilitate any Prohibited Discharge.
2. Act, cause, permit, allow or suffer any agent, employee, or
independent contractor, to act, cause, permit, allow or facilitate
any Prohibited Discharge.
B. A civil or administrative violation of subsection 8.70.050(A) shall
occur irrespective of the negligence or intent of the violator.
C. If the Enforcement Officer reasonably determines that an Allowable
Non - Stormwater Discharge may adversely affect the beneficial uses of
Receiving Waters, the Enforcement Officer may give written notice to
the owner of the property or facility that the Allowable Non -
Stormwater Discharge shall become a Prohibited Discharge following
expiration of the thirty (30) calendar day period commencing upon
delivery of the notice. Upon expiration of the thirty (30) calendar day
period, any remaining or continuing Prohibited Discharge shall
constitute a violation of subsection 8.70.050(A).
8.70.060 Illicit Connections
A. No person shall construct, utilize, maintain, operate and /or allow the
operation or existence of any Illicit Connection on any premises
owned, operated or controlled by such person that connects directly
or indirectly to the MS4. Any Illicit Connection constructed, utilized,
maintained, operated, or allowed to be operated on any premises
owned, controlled or operated by such person from and after the date
of the ordinance codified in this Chapter, shall be terminated and
removed and /or otherwise sealed by the responsible party or parties in
a manner approved by the Director.
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 14
B. A civil or administrative violation of subsection 8.70.060(A) shall
occur irrespective of the negligence or intent of the violator.
8.70.070 New Development /Redevelopment Projects
A. All New Development and /or Redevelopment Projects within the City
that disturb areas equal to or greater than one (1) acre, including
projects less than one (1) acre that are part of a larger common plan
of development or sale greater than one acre, and that discharge into
the MS4, shall comply with all WQMP requirements as may be set
forth in the SWMP for such projects, along with all related conditions
and requirements established by the Director and /or the Planning
Director, that are reasonably related to the reduction or elimination of
Pollutants and Urban Runoff from the project site.
B. All Priority Development Projects shall comply with the WQMP Design
Standards required by the City in connection with the Water Quality
Management Plan for such project.
C. No developer of a Priority Development Project shall commence any
land disturbing activities in connection with such proposed project
without first submitting and obtaining the City's approval of a WQMP
for the project. The City may require a fee, to be paid by the project
proponent, for the review of the WQMP.
D. Pursuant to the issuance by the City of a grading or building permit for
any New Development or Redevelopment Project, the Director and /or
the Planning Director may impose terms, conditions and requirements
on the project in accordance with the provisions of this Section
8.70.070(A). If the New Development or Redevelopment Project will
be approved without application for a grading permit or building
permit, the Director and /or Planning Director may review the project
plans and impose terms, conditions and requirements on the project in
accordance with this Section 8.70.070, prior to the issuance of any
discretionary approval or, at the City's discretion, prior to recordation
of any subdivision map.
E. Compliance with the conditions and requirements of the WQMP shall
not exempt any person from the requirement to independently comply
with any other provision of this Chapter.
F. If the Director determines that the project will have a de minimis
impact on the quality of surface runoff from the project site, the
Director may issue a written waiver of some or all of the requirements
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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for compliance with the provisions of Section 8.70.070, but only
where such a waiver is in accordance with the terms and provisions of
the MS4 NPDES Permit.
G. The owner of a New Development or Redevelopment Project, or upon
transfer of the property, the owner's successors and assigns, shall
implement and adhere to the terms, conditions and requirements
imposed pursuant to this Chapter on such a property both during
construction and throughout post- construction use of the property.
Each failure by the owner of the property or its successors or assigns,
to implement and adhere to the terms, conditions and requirements
imposed pursuant to this Chapter on a New Development or
Redevelopment Project, shall constitute a violation of this Chapter.
H. The Director may require that the terms, conditions and requirements
imposed pursuant to this Section 8.70.070 to be recorded with the
County Recorder's office by the property owner. The signature of the
owner of the property, or any successive owner, shall be sufficient for
the recording of these terms, conditions and requirements, and a
signature on behalf of the City shall not be required for recordation.
The project applicant of any New Development or Redevelopment
Project shall reimburse the City for all costs and expenses incurred in
the review of New Development and /or Redevelopment Project in
accordance with this Section 8.70.070.
8.70.080 Best Management Practice (BMP) and Monitoring Program
Requirements
A. Every person owning property or conducting any activity or operation
on a facility shall comply with those BMPs as may be imposed by the
City as necessary for the City to ensure compliance with the terms
and conditions of the MS4 NPDES Permit, including as may be needed
to prevent, to the MEP, Pollutants from entering the MS4.
B. Every person owning and /or operating on property which contains a
Treatment Control BMP shall:
1. Ensure that each and every Treatment Control BMP is operating
effectively and is being adequately maintained; and
2. Provide an annual verification of the effective operation and
maintenance of each Treatment Control BMP, maintaining the
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Adopted: November 1, 2011
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annual verification records, and providing those records to any
Enforcement Officer upon request.
C. Every person owning property or conducting any activity, operation or
facility thereon, with approved BMPs, shall implement any monitoring
program as may be required by the Director, the Planning Director or
the City Engineer, pursuant to the WQMP, the SWMP and /or the MS4
NPDES Permit.
8.70.090 Commercial /Industrial Program Requirements
A. General Industrial Permit Compliance. In order to obtain a business
license, a permit to operate or a certificate of occupancy, all industrial
facilities required under the Clean Water Act to comply with or obtain
coverage under a -State General Permit must show proof of compliance
to the City with such permit through the submission of evidence of its
Waste Discharge Identification Number and submitted Notice of Intent
to comply with such State General Permit.
B. Inspection of Operations. All industrial operations subject to a State
General Permit shall provide the City a right of access to inspect such
operations in accordance with the terms and conditions of the State
General Permit, and the rights of inspection and access provided
thereunder to the Regional or State Boards.
8.70.100 Inspections
A. Inspections. The City Manager or the Director, may, on twenty -four
(24) hour oral or written notice to the owner, operator or person
responsible for the day -to -day activities of such property or facility, or
upon such shorter time period where justified by exigent
circumstances, may enter upon and inspect any private property for
the purposes of verifying compliance with the terms and conditions of
this Chapter or with any NPDES permit involving the property.
B. Entry to Inspect. Upon obtaining the right to inspect in accordance
with subsection 8.70.100(A) above, the Enforcement Officer may
enter upon such private property to: (1) investigate a violation or
potential violation of this Chapter; (2) investigate the source of any
Discharge of a Pollutant or the potential Discharge of a Pollutant to the
MS4; (3) conduct an annual or follow -up compliance inspection; or (4)
conduct an inspection to verify compliance with any BMPs identified
as conditions of approval for a project and /or that were included in the
project- specific WQMP.
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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C. Portable Equipment. The right of inspection provided in this Section
8.70.100 shall include the right to inspect any vehicle, truck, trailer,
tank truck or other mobile equipment on the property.
D. Records Review. Inspections conducted under this Section 870.100
shall include the right to inspect all records of the owner or occupant
of property relating to chemicals or processes presently or previously
stored or occurring on -site, including material and /or chemical
inventories, facilities maps or schematics and diagrams, material
safety data sheets, hazardous waste manifests, business plans, State
General Permits, stormwater pollution prevention plans, monitoring
program plans and any other record(s) that may be related to Illicit
Connections, Illicit Discharges, or any other source of contribution or
potential contribution of Pollutants to the MS4.
E. Sample and Test. The Enforcement Officer may inspect, sample
and /or 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 MS4. The Enforcement Officer 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 Enforcement Officer may take
photographs or video tape, make measurements or drawings, and
create any other record reasonably necessary to document conditions
on the property.
F. Monitoring. An Enforcement Officer may erect and maintain
monitoring devices for the purpose of measuring any Discharge of a
Pollutant or potential Discharge of a Pollutant to the MS4.
G. Test Results. The owner or occupant of property subject to inspection
may, upon submission of a written request, obtain copies, at the
requesting party's sole cost and expense, of all monitoring and test
results conducted by or on behalf of the City.
8.70.110 Notification
A. Immediate Notification. Any person who intentionally, negligently or
otherwise violates any provision of this Chapter, which violation has
resulted in a Discharge of a Pollutant to the MS4, shall immediately
notify the Director, either in person, by telephone, facsimile, electronic
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Adopted: November 1, 2011
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mail, letter or other written communication, and shall identify in such
notification the location of the Discharge, the date and time of the
Discharge, the type, concentration and volume of the Pollutant or
Pollutants discharged, as well as any corrective action or measures
taken as a result of the Discharge.
B. Written Report. All persons violating this Chapter shall, within ten
(10) calendar days after any such Discharge of a Pollutant or
Pollutants, file with the Director a detailed written report describing
the cause of the Discharge, the date and time of the Discharge, the
type, concentration and volume of Discharge, the location of the
Discharge, any specific information needed in connection with the
location to fully explain the potential impacts from the Discharge, and
any corrective action or other measures taken in connection with the
Discharge, including any measures taken to prevent similar Discharges
in the future. Submission of this written report shall not be deemed to
be a waiver or release of any person from any liability, fine or other
obligations imposed under this Chapter, or otherwise in the City's
Code or under State or federal law.
8.70.120 Administrative Remedies
A. Administrative Citation. In addition to all other enforcement
mechanisms provided for in this Chapter, any violation of this Chapter
may be enforced through the Administrative Citation procedure set
forth in Chapter 1.09 of the City of La Quinta Municipal Code.
B. Notice of Noncompliance. The Enforcement Officer may deliver to the
owner or occupant of any property, and /or to any person or entity for
violating or causing a violation of this Chapter, a Notice of
Noncompliance. The Notice of Noncompliance shall be delivered in
accordance with subsection 8.70.120(F).
1. The Notice of Noncompliance shall identify the provision(s) of
this Chapter that have been violated. The Notice of
Noncompliance may state that continued noncompliance may
result in additional enforcement actions against the owner,
occupant and /or person or entity responsible for the violation.
2. The Notice of Noncompliance shall state a compliance date that
must be met by the owner, occupant and /or other responsible
person or entity; provided, however, that the compliance date
may not exceed ninety (90) days unless the Enforcement
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Adopted: November 1, 2011
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Officer extends the compliance deadline an additional
reasonable period of time, under the circumstances, where good
cause exists for the extension.
C. Administrative Compliance Orders.
1. The Enforcement Officer may issue an Administrative
Compliance Order. The Administrative Compliance Order shall
be delivered in accordance with subsection 8.70.1201F►. The
Administrative Compliance Order may be issued to:
a. The owner or occupant of any property or other
responsible person or entity requiring abatement of
conditions on the property that have caused or
contributed to, a violation of this Chapter or an imminent
threat of an Illicit Discharge;
b. Any person or entity responsible for an Illicit Connection;
C. The owner of property subject to the terms, conditions or
requirements imposed on a project in accordance with
Sections 8.70.070 and 8.70.080, so as to ensure
adherence to those terms, conditions and requirements.
2. The Administrative Compliance Order may include the following
terms and requirements:
a. Specific steps and time schedules for compliance as
reasonably necessary to address the violation or to
prevent the imminent threat of an Illicit Discharge,
including but not limited to, an Illicit Discharge from any
pond, pit, well, surface impoundment, holding or storage
area;
b. Specific steps and time schedules for compliance as
reasonably necessary to discontinue any Illicit
Connection;
C. Specific requirements for containment, cleanup, removal,
storage, installation of overhead covering, or proper
disposal of any Pollutant having been discharged to or
having the reasonable potential to be discharged to the
MS4;
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Adopted: November 1, 2011
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Cl. Any other terms or requirements reasonably calculated to
prevent the imminent threat of or continuing violations of
this Chapter, including, but not limited to, requirements
for compliance with best management practices guidance
documents promulgated by any federal, State of
California or regional agency;
e. Any other terms or requirements reasonably calculated as
being needed to achieve full compliance with the terms,
conditions and requirements of this Chapter.
D. Cease and Desist Orders.
1. The Enforcement Officer may issue a Cease and Desist Order.
A Cease and Desist order shall be delivered in accordance with
subsection 8.70.120(F), A Cease,.and Desist Order may direct
the owner or occupant of any property and /or any other person
or entity responsible for a violation of.this Chapter to:
a. Immediately discontinue any Illicit Connection or Illicit
Discharge to the MS4;
b. Immediately contain or divert any flow of runoff, where
the flow is occurring in violation of any provision of this
Chapter;
C. Immediately discontinue any other violation of this
Chapter;
Cl. Immediately clean up all areas affected by the violation.
e. Cease and desist with any or all continued work on a
project (i.e., a Stop Work Order) until such time as
appropriate BMPs are implemented, the Illicit Discharge or
Connection is eliminated, or other appropriate actions are
taken to ensure compliance with this Chapter.
2. The Enforcement Officer may direct by Cease and Desist Order
that (1) the owner of any property which property is subject to
any conditions or requirements issued pursuant to Sections
8.70.070 and 8.70.080; or (2) any occupant of any property or
any other person or entity responsible for a violation of this
Chapter: immediately cease any activity not in compliance with
the conditions or requirements issued pursuant to Sections
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Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
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8.70.070 or 8.70.080, or with the terms, conditions and /or
requirements of any applicable permit involving operations on
the property, including, but not limited to, any applicable NPDES
permit.
3. No Cease and Desist Order is to be stayed, tolled or otherwise
put on hold as a result of any administrative or other legal
challenge to its terms. A Cease and Desist Order is only to be
stayed, tolled or put on hold where required as a result of the
administrative review process or by a Court of competent
jurisdiction.
4. Notwithstanding anything in this Chapter to the contrary, the
City may take all action necessary to inspect, investigate,
assess, remedy, treat, monitor or otherwise abate any
Discharge or threat of a Discharge of a Pollutant on or into any
public property, including all publicly owned portions of the
MS4. All costs and fees incurred by the City or any other
responsible governmental agency and /or contractor of the City
in this regard may be included within an Invoice for Costs and
recovered against the responsible party or parties in accordance
with provisions of this Chapter.
E. Recovery of Costs. The Enforcement Officer may deliver to the owner
and /or occupant of any property, and /or any other responsible person
or entity who becomes subject to a Notice of Noncompliance, an
Administrative Compliance Order, a Cease and Desist Order, or an
Invoice for Costs. An Invoice for Costs shall be delivered in
accordance with subsection 8.70.120(F). An Invoice for Costs shall
be immediately due and payable to the City for the actual costs
incurred by the City in issuing and enforcing any such notice or order,
including any costs incurred by the City to prevent, contain and /or
cleanup any threatened or actual Discharges to the MS4. If any
owner or occupant or any other responsible person or entity subject to
an Invoice for Costs fails to either pay the Invoice for Costs or
successfully appeal the Invoice for Costs then the Enforcing Attorney
may institute collection proceedings.
F. Delivery of Notice. Except where the nuisance abatement procedure
under Section 8.70.130 is being followed, all administrative citations,
Notices of Noncompliance, Administrative Compliance Orders, Cease
and Desist Orders, or Invoices for Costs, and all other enforcement
orders for violations of this Chapter shall be subject to the service and
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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administrative hearing procedures provided for in Chapter 1.09 of the
City of La Quints Municipal Code.
G. Administrative Hearing. Except as set forth in subsection 8.7O.12O(H)
or where the nuisance abatement procedure under subsection
8.70.130 is being followed, all. Administrative Citations, Notices of
Noncompliance, Administrative Compliance Orders, and Invoices for
Costs issued under this Chapter shall be. subject to the administrative
hearing procedures set forth in Chapter 1.09 of the City of La Quints
Municipal Code. ; Notwithstanding the foregoing, these administrative
appeal procedures shall not apply to criminal proceedings initiated to
enforce this Chapter.
H. Administrative Hearing for Cease and Desist Orders and Emergency
Abatement Actions. An administrative hearing on the issuance of a
Cease and Desist Order or following an emergency abatement action
shall be held within five (5) business days following the issuance of
the order or the action of abatement, unless the hearing (or the time
requirement for the hearing) is waived in writing by the party subject
to the Cease and Desist Order or the emergency abatement. A
request for an administrative hearing shall not be required from the
person subject to the Cease and Desist Order or the emergency
abatement action. The hearing proceeding, decision and appeal
requirements of Chapter 1.09 of the City of La Quinta Municipal Code
shall otherwise apply.
City Abatement. In the event the owner of property, the operator of a
facility, or any other responsible person or entity fails to comply with
any provision of a compliance schedule issued pursuant to this
Chapter, the Enforcement Officer may request the Enforcing Attorney
to obtain an abatement warrant or other appropriate judicial
authorization to enter the property, abate the condition and restore the
area. Any costs incurred by the City in obtaining and carrying out an
abatement warrant or other judicial authorization may be recovered
pursuant to subsection 8.70.120(E).
8.70.130 Nuisance
A. Any condition in violation of the provisions of this Chapter, including
but not limited to, the maintenance or use of any Illicit Connection, or
the occurrence or threatened occurrence of any Illicit Discharge, shall
constitute a threat to the public health, safety and welfare, and is
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declared and deemed a nuisance pursuant to Government Code
section 38771.
1. Court Order to Enjoin or Abatement. At the request of the City
Manager, the Enforcing Attorney may seek a court order to
enjoin and /or abate the nuisance.
2. Notice to Owner and Occupant. Prior to seeking any court
order to enjoin or abate a nuisance or threatened nuisance, the
City Manager, shall provide notice of the proposed injunction or
abatement to the owner and occupant, if any, of the property
where the nuisance or threatened nuisance is occurring.
3. Emergency Abatement. In the event the nuisance constitutes an
imminent danger to public health, safety and /or the
environment, the City Manager may cause appropriate persons
to enter the property from which the nuisance is believed to be
emanating, abate the nuisance and restore any property
affected by the nuisance. To the extent reasonably practicable,
notice shall be provided to the owner or occupant prior to
abatement. If necessary to protect the public health, safety
and /or the environment, abatement may proceed without prior
notice to or consent from the owner or occupant thereof and
without judicial warrant.
(i) An imminent danger shall include, but is not limited to
exigent circumstances created by the Discharge or
threatened Discharge of Pollutants, where the same
presents a significant and immediate threat to the public
health and safety or the environment.
(ii) Notwithstanding the authority of the City to conduct an
emergency abatement action, an administrative hearing
pursuant to subsection 8.70.120(H) herein shall follow
the abatement action.
4. Reimbursement of Costs. All costs incurred by the City in
responding to any nuisance, all administrative expenses and all
other expenses recoverable under State law, including
reasonable consulting fees and attorney's fees, shall be
recoverable from the person(s) creating, causing, committing,
permitting, contributing to and /or maintaining the nuisance, and
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Adopted: November 1, 2011
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all such persons /entities shall be jointly and severally liable for
all such expenses, costs and fees.
5. Nuisance Lien. All costs and fees shall become a lien against
the property from which the nuisance emanated and a personal
obligation against the owner thereof in accordance with
Government Code section 38773.1 and section 38773.5. The
owner of record of the property subject to any lien shall be
given notice of the lien prior to recording as required by
Government Code section 38773.1.
(i) At the direction of the City Manager or the Enforcing
Attorney is authorized to collect nuisance abatement
costs or enforce a nuisance lien in an action brought for a
money judgment or by delivery to the County Assessor of
a special assessment against the property in accord with
the conditions and requirements of Government Code
section 38773.5.
8.70.140 Criminal Sanctions
A. Prosecutor. The Enforcing Attorney may act on the request of the
City Manager to pursue enforcement actions in accordance with the
provisions of this Chapter.
B. Infractions. Any person who may otherwise be charged with a
misdemeanor under this Chapter may be charged, at the discretion of
the Enforcing Attorney, with an infraction punishable by a fine of not
more than one hundred dollars ($100.00) for a first violation, two
hundred dollars ($200.00) for a second violation, and a fine not
exceeding five hundred dollars ($500.00) for each additional violation
occurring within one year.
C. Misdemeanors. Any person or entity who negligently or knowingly
violates any provision of this Chapter, undertakes to conceal any
violation of this Chapter, continues any violation of this Chapter after
notice thereof, or violates the terms, conditions and requirements of
any permit or approval issued pursuant to this Chapter, shall be guilty
of a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment for a period of not more than
six (6) months, or both.
D. Damages. The Enforcing Attorney may petition the Court for any of
the following damages:
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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1. The recovery of all fees and costs incurred and /or to be incurred
in the enforcement of this Chapter, including but not limited to,
all costs relating to any investigation, sampling, testing,
monitoring, assessing, inspection, removing, treating, cleanup,
and including all administrative expenses, legal fees and costs,
and all other expenses as authorized by law, as well as
damages to public property and consequential damages;
2. All costs incurred in investigating, sampling, testing, monitoring,
assessing, removing, treating, cleaning up and /or mitigating in
any way harm to the environment or public property, or to
reduce the threat to human health or the environment;
3. Damages for harm to the environment or public property; and
4. Restitution and injunctive, declaratory and such other equitable
relief as may be allowed by law.
8.70.150 Consecutive Violations
Each day in which a violation occurs and each separate failure to comply
with either a separate provision of this Chapter, an Administrative Compliance
Order or a Cease and Desist Order, shall constitute a separate violation of this
Chapter punishable by fines or sentences issued in accordance herewith.
8.70.160 Nonexclusive Remedies
Each and every remedy available for the enforcement of this Chapter shall be
nonexclusive and it is within the discretion of the Enforcement Officer or Enforcing
Attorney to seek cumulative remedies, except that multiple monetary fines or
penalties shall not be available for any single violation of this Chapter.
8.70.170 Citations
A. Pursuant to Penal Code section 836.5 the Enforcement Officer shall
have the authority to cause the arrest of any person committing a
violation of this Chapter. The person shall be released and issued a
citation to appear before a magistrate in accordance with Penal Code
section 853.5, section 853.6, and section 853.9, unless the person
demands to be taken before a magistrate. Following issuance of any
citation the Enforcement Officer shall refer the matter to the Enforcing
Attorney.
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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B. Each citation to appear shall state the name and address of the
violator, the provisions of this Chapter violated, and the time and
place of appearance before the court, which shall be at least ten (10)
business days after the date of violation. The person cited shall sign
the citation giving his or her written promise to appear as stated
therein. If the person cited fails to appear, the Enforcing Attorney may
request issuance of a warrant for the arrest of the person cited.
8.70.180 Violations of Other Laws.
Any person or entity acting in violation of this Chapter may also be acting in
violation of the Clean Water Act or the California Water Code and /or other laws,
and may be subject to sanctions and civil liability. Accordingly, the Enforcing
Attorney is authorized to file a citizen suit as permitted pursuant to the Clean
Water Act, to seek penalties, damages, and orders compelling compliance, and any
other appropriate relief: The Enforcing Attorney may notify . EPA, the State or
Regional Boards, or any other appropriate State regional or local agency, of any
alleged violation of this Chapter.
8.70.190 Injunctions
At the request of the City Manager, the Enforcing Attorney may cause the
filing in a court of competent jurisdiction, of a civil action seeking an injunction
against any threatened or continuing noncompliance with the provisions of this
Chapter. Any temporary, preliminary or permanent injunction issued pursuant
hereto may include an order for reimbursement to the City of all costs incurred in
enforcing this Chapter, including all costs of inspection, assessment, testing,
investigation, monitoring, treating, removing and /or cleaning up Pollutants, and all
costs of abatement and /or restoration undertaken at the expense of the City, as
well as all legal fees and expenses, including all litigation costs and consulting
costs and attorney fees relating thereto, and all other fees, costs and expenses as
may be authorized by law.
8.70.200 Other Civil Remedies
A. The City Manager may cause the Enforcing Attorney to file an action
for civil damages in a Court of competent jurisdiction seeking recovery
of (i) all costs incurred in enforcement of the Chapter, including but
not limited to costs relating to investigation, sampling, monitoring,
inspection, administrative expenses, legal expenses, including litigation
costs, consulting costs and attorney fees all other expenses as
authorized by law, and consequential damages, (ii) all costs incurred in
mitigating harm to the environment or reducing the threat to human
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Municipal Code Chapter 8.70
Adopted: November 1, 2011
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health, (iii) damages for harm to the environment or public property,
and (iv) restitution and injunctive, declaratory and such other equitable
relief as may be allowed by law.
B. The Enforcing Attorney is authorized to file actions for civil damages
resulting from any trespass or nuisance occurring on public land or to
the MS4 from any violation of this Chapter where the same has
caused damage, contamination or harm to the environment, public
property or the MS4.
C. The remedies available to the City pursuant to the provisions of this
Chapter shall not limit the right of the City to seek any other remedy
that may be available by law.
8.70.210 Coordination With Other Agencies
A. The City intends to cooperate with other agencies with jurisdiction
over surface water to ensure that the regulatory purposes underlying
surface water runoff regulations promulgated pursuant to the CWA are
met.
B. The City may, to the extent authorized by law, elect to contract for
the services of any public agency or private enterprise to carry out the
planning, approvals, inspections, permits and enforcement authorized
by this Chapter.
8.70.220 Compliance With Chanter Is Not Compliance With Other Laws.
Compliance by any person or entity with the provisions of this Chapter shall
not relieve any such person or entity from complying with other local, State or
federal statutory or regulatory requirements.
SECTION 2: EFFECTIVE DATE. This Ordinance shall take effect and be in force
thirty (30) days after passage.
SECTION 3: SEVERABILITY. The City of La Quinta hereby declares that should
any section, paragraph, sentence, phrase, term or word of this Chapter be declared
for any reason to be invalid, it is the intent of the City Council that it would have
adopted all other provisions of this Chapter, independent of the elimination
therefrom of any such portion as may be declared invalid.
SECTION 4: POSTING: The City Clerk shall, within fifteen (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 No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 28
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 Quints
City Council held this 1 a day of November 2011 by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: None
ABSENT: Council MembeeSniff
ABSTAIN: None
v Wo
DON ADOLPH, 1
City of La Quinta, California
A'
VERONICA J.,IVWNTECINO, CMC, City Clerk
City of La QuAtta, California
(CITY SEAL)
APPROVED AS
City Attorney
City of La Quinta,
Ordinance No. 493
Surface Water Management and Discharge Controls
Municipal Code Chapter 8.70
Adopted: November 1, 2011
Page: 29
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ss.
CITY OF LA QUINTA 1
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.
493 which was introduced at a regular meeting on the 18' day of October 2011
and was adopted at a regular meeting held on the 1s day of November 2011 not
being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of Ia Quinta as specified in City Council Resolution No. 2006 -115.
VERONICA J.TECINO, CMC, City Clerk
City of La Quirifa, 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 November 2, 2011
pursuant to Council Resolution.
CMC, City Clerk
City of La (Yuinta, California