ORD 313ORDINANCE NO. 313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADDING CHAPTER 8.70 TO THE CITY OF LA QUINTA
CHARTER AND MUNICIPAL CODE ENTITLED "STORM WATER
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");
WHEREAS, the State of California is authorized to administer various aspects
of the NPDES program under the Clean Water Act within the State;
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;
WHEREAS, on May 22, 1996, the Regional Board issued Order No. 96-015,
(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;
WHEREAS, the City of La Quinta is a Permittee under Order No. 96-015, along
with other incorporated cities and other entities within Riverside County;
WHEREAS, the purpose of this Ordinance is to establish the 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. 96-015;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The La Quinta Municipal Code is hereby amended by adding a new
Chapter entitled "Storm Water Management and Discharge Control", which reads as
follows:
1
Chapter
STORM WATER MANAGEMENT AND DISCHARGE CONTROLS
Sections:
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
Reduction of the Discharge of Pollutants to Storm Drain Systems.
8.70.070
Illicit Connections prohibited.
8.70.080
Outdoor storage areas - commercial and industrial facilities.
8.70.090
Construction sites.
8.70.100
New development and redevelopment.
8.70.1 10
Compliance with general permits.
8.70.120
Compliance with BMPs.
8.70.130
Notification
8.70.140
Inspection and enforcement.
8.70.010 Purpose -and Intent. The purpose of this Ordinance is to ensure
the future health, safety, and general welfare of the citizens of the City by:
A. Regulating Non -Storm Water Discharges to the municipal separate storm
drain;
B. Controlling the discharge to municipal separate storm drains from spills,
dumping or disposal of materials other than Storm Water; and
C. Reducing Pollutants in Storm Water Discharges to the maximum extent
practicable.
D. Protecting and enhancing the water quality of City watercourses, water
bodies, groundwater, and wetlands in a manner pursuant to and
consistent with the Clean Water Act.
8.70.020. Definitions. The terms as used in this Chapter shall have the
following meanings:
(1)
(2)
"40 CFR" means Title 40 of the Code of Federal Regulations.
"Best Management Practice (BMPS)" means schedules of activities,
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prohibitions of practices, general good housekeeping practices,
maintenance procedures, educational programs, and other management
practices to prevent or reduce the Discharge of Pollutants directly or
indirectly to waters of the United States. BMPs 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. The California Storm Water Best Management Practice
Handbooks for Municipal, Industrial/Commercial and Construction Activity
provide a detailed discussion of BMPS.
(3) "CEQA" means the California Environmental Quality Act, California Public
Resource Code Sections 21000 et seq., and the regulations thereunder.
(4) "City" means the City of La Quinta.
(5) "County" means the County of Riverside.
(6) "Clean Water Act" means the Federal Water Pollution Control Act,
amended in 1977 as the Clean Water Act (Title 33 U.S.C. § 1251 et
seq.) , and amended in 1987 to establish new controls on industrial and
municipal Storm Water Discharges, and any and all subsequent
amendments thereto.
(7) "Director" means the City of La Quinta Director of Public Works or his or
her designee.
(8) "Discharge" means any release, spill, leak, pump, flow, escape, dumping,
or disposal of any liquid, semi solid or solid substance except discharges
pursuant to a NPDES permit, exempted discharges or conditionally
exempted discharges.
(9) "Hazardous Substance" means any "Hazardous Substance" as that term
is defined under California Health and Safety Code Sections 25281(g),
25501(o) and 25501.1, and pursuant to Title 42, Section 9601(14) of
the United States Code; any "hazardous waste" as that term is defined
under Title 42 Sections 6903(5) of the United States Code, and under
California Health and Safety Code Section 25550(p); any "hazardous
material" as that term is defined under California Health and Safety Code
Section 25501(n); and chemical which the Governor of California has
identified as a chemical known to cause cancer or reproductive toxicity,
pursuant to California Health and Safety Code 25249.8; and any crude
oil or refined or unrefined petroleum product, or any fraction or derivative
thereof, and any asbestos or Asbestos or Asbestos Containing Material.
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The term "Hazardous Substance" includes any amendments to the above -
referenced statutes and regulations.
(10) "Illicit Connection" means any physical connection to a Storm Drain
System which has not been permitted by the City, the County of
Riverside, the Riverside County Flood Control and Water Conservation
District, the Regional Board, or other appropriate public body.
(1 1) "Illicit Discharge" means any Discharge to the Storm Drain System that
is not composed entirely of Storm Water runoff except Discharges made
pursuant to a National Pollutant Discharge Elimination System (NPDES)
permit or as otherwise authorized by the Colorado River Basin Regional
Water Quality Control Boards
(12) "Impervious Surface" means any surface that prevents or significantly
reduces the entry of water into the underlying soil resulting in runoff from
the surface in greater quantities and/or at increased rates when compared
to natural conditions prior to development including but not limited to
parking lots, driveways, roadways, storage areas, rooftops. The
Impervious Surfaces commonly result from paving, compacted gravel,
connected earth, and oiled earth.
(13) "MS4" means Municipal Separate Storm Sewer System.
(14) "Maximum Extent Practicable" means the standard for implementation of
Storm Water management programs to reduce Pollutants in Storm Water.
Deciding factors shall include, but are not limited to, gravity of the
problem, public health risk, societal concern, environmental benefits,
Pollutant removal effectiveness, regulatory compliance, public
acceptance, chance for successful implementation, cost and technical
feasibility..
(15) "Municipal NPDES Permit" means an area -wide NPDES permit issued to
a government agency or agencies for the Discharge of Storm Water from
a Storm Water System.
0 6) "National Pollutant Discharge Elimination System (NPDES)" Permit means
a Storm Water Discharge permit issued by the Colorado River Basin
Regional Water Quality Control Board or the State Water Resources
Control Board in compliance with the Federal Clean Water Act.
(17) "Non -Storm Water Discharge" means any Discharge to the Storm Drain
System that is not entirely composed of Storm Water.
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0 8) "Person" means any natural person, firm, association, club, organization,
— corporation, partnership, business trust, company or other entity which
is recognized by law as the subject of rights or dues.
(19) "Pollutant" means the following liquid, solid or semi -solid substances, or
any combination thereof: (1) Artificial materials, chips or pieces of natural
or man-made materials (such as floatable plastics, wood or metal
shavings); (2) Household waste (such as trash, paper, plastics, lawn
clippings and yard wastes; animal fecal materials; pesticides, herbicides
and fertilizers; used oil and fluids from vehicles, lawn mowers and other
common household equipment); (3) Metals, including but not limited to
cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals,
such as phosphorus and arsenic; (4) Petroleum hydrocarbons (such as
crude oils, fuels, lubricants, surfactants, waste oils, solvents, coolants,
condensate and grease); (5) Excessive eroded soils, sediment and
particulate materials; (6) Animal wastes (such as discharge from
confinement facilities, kennels, pens, and recreational facilities, including,
stables, show facilities, or polo fields); (7) Substances having
characteristics with a pH of less than 6.5 or greater than 8.5, or unusual
turbidity, or excessive levels of fecal coliform, fecal streptococcus or
enterococcus; (8) Waste materials and wastewater generated on
construction sites and by construction activities (such as painting and
staining; use of sealants, glues, limes; excessive pesticides, fertilizers or
herbicides; use of wood preservatives and solvents; disturbance of
asbestos fibers, paint flakes or stucco fragments; application of oils,
lubricants, hydraulic, radiator or battery fluids; construction equipment
washing, concrete pouring and cleanup wash water or use of concrete
detergents; steam cleaning or sand blasting residues; use of chemical
degreasing or diluting agents; and super chlorinated water generated by
potable water line flushing); (9) Materials causing an increase in
biochemical oxygen demand, chemical oxygen demand or total organic
carbon; 0 0) Materials which contain base/neutral or acid extractable
organic compounds; (1 1) Pollutants defined in Title 33 U.S.C. Section
1362(6) of the Federal Clean Water Act ; (12) Any other constituent or
material that may adversely affect the beneficial uses of the receiving
waters, flora, or fauna of the State, as determined by the State Board or
the Regional Board. The term "Pollutant shall not include uncontaminated
Storm Water Runoff, potable water or reclaimed water generated by a
lawfully permitted water treatment facility.
(20) "Premises" means any building, lot, parcel of land, land or portion of land
whether improved or unimproved.
E
(21) "Receiving Waters" means all surface water bodies within the permit area,
including the White Water River Basin.
(22) "Regional Board" means the California Regional Water Quality Control
Board, Colorado River Basin Region.
(23) "Runoff" means any Runoff including Storm Water and dry weather flows
from a drainage area that reaches a receiving water body or subsurface.
During dry weather it is typically comprised of many base flow
components either contaminated with Pollutants or uncontaminated.
(24) "State Board" means the State Water Resources Control Board.
(25) "Storm Drain System" means any facility by which Storm Water may be
conveyed to waters of the United States. The Storm Drain System
includes but is not limited to any roads with drainage systems, streets,
curbs, gutters, catch basins, natural and artificial channels, ditches,
aqueducts, storm drains, inlets, conduit or other drainage structure.
(26) "Storm Water" means water which originated from atmospheric moisture
(rainfall or snow melt) and that falls onto land, water, or other surfaces.
(27) "Storm Water Runoff" means surface Runoff and drainage associated
with rain storms events and snow melt.
(28) "USEPA" means the United States Environmental Protection Agency.
8,70.030 Responsibility for Administration. This Chapter shall be
administered for the City by its Director of Public Works and his or her designee..
8 70.40 Regulatory Consistency, This Chapter shall be construed to assure
consistency with the requirements of the Clean Water Act and acts amendatory
thereof or supplementary thereto, applicable implementing regulations, and any
existing or future Municipal NPDES Permits and any amendments, revisions or
reissuance thereof.
(1) No person shall cause, facilitate or permit any Illicit Discharge to the
Storm Drain System except as follows:
(A) Discharges regulated under an NPDES Permit or pursuant to a waiver
on
which has been issued to the discharger and which is being administered
by the State of California under the authority of the USEPA, provided that
said'Person is in full compliance with the applicable NPDES permit and/or
the waiver and any conditions of the waiver and all other applicable laws
or regulations.
(B) Discharges from the following activities, unless otherwise regulated
herein:
a. water line flushing;
b. landscape irrigation;
C. diverted stream flows;
d. rising ground waters;
e. uncontaminated ground water infiltration (as defined in 40 CFR
35.2005(20) to separate storm sewers;
f. uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. foundation drains;
i. air conditioning condensate;
j. irrigation water;
k. springs;
I. water from crawl space pumps;
M. footing drains;
n. lawn watering;
o. individual residential or noncommercial car washing;
p. flows from riparian habitats and wetlands;
q. dechlorinated swimming pool Discharges;
r. Discharges or flows from emergency fire fighting activities;
S. street wash water;
t. fire hydrant flow testing; and
U. waters not otherwise containing wastes as defined in the
California Water Code Section 13050(d)
(2) Any Person who violates the terms of this Section shall immediately
commence all appropriate response action to investigate, assess, remove
and/or remediate any Pollutants Discharged as a result of such violation,
and shall reimburse the City or other appropriate governmental agency,
for all costs incurred in investigating, assessing, monitoring, removing,
cleaning up, treating, and/or remediating any Pollutants resulting from
such violation, including all reasonable attorney's fees and environmental
and related consulting fees incurred in connection therewith.
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• •.• -• • • - •- • '• • • Ems
(1) No Person shall Discharge, or cause or permit to be Discharged, any
"Waste," "Yard Waste," "Hazardous Waste" (as such terms are defined in
Chapter 6.04 of this Code) into the Storm Drain System including
depositing, placement, or maintenance of any refuse, rubbish, or garbage
and/or any abandoned vehicles, upon or into any public or private
property or any Premises located in the City, except through the
discarding, depositing, disposal, or placement in containers, barrels,
and/or bins to be used for the proper containment and transportation of
such materials, and except for the disposal of such materials at properly
licensed and permitted solid and/or hazardous waste facilities.
(2) Any Person violating this Section shall immediately cause the proper
collection and abatement of such waste material and shall remedy and
clean up any property and/or any portion of the Storm Drain System
directly or indirectly affected by such Discharge.
(3) Any and all costs and expenses incurred by the City in assessing and
abating a violation of this Section may be assessed against all violating
Persons, including all administrative expenses and legal fees and costs
incurred by the City in assessing and abating the Discharge and in
enforcing the terms of this Section.
8.70.070 Illicit Connections prohibited. No Person shall construct, utilize,
maintain, operate or permit the existence of any Illicit Connection on any Premises
owned or operated by such Person that connects directly or indirectly to the Storm
Drain System. Any Illicit Connection constructed, utilized, maintained, operated, or
permitted to be operated on any Premises owned or operated by such Person from and
after the date of the adoption of this Chapter shall be terminated and removed and/or
otherwise sealed in a manner approved by the Director of Public Works.
8
8,70,080 Outdoor Storage Areas - Commercial and Industrial Facilities. No
Person shall use, store, maintain or place .any Hazardous Substance, including any
grease or oil from motor vehicles, machine parts, or other equipment, in such a manner
and/or in areas that create a release or a threat of a release of Hazardous Substances
into the Storm Drain System. The City, County, and/or Regional Board may require the
installation of a spill containment system to prevent or avoid the creation of any
release or threat of a release of such a Discharge. Spill containment systems may
include but are not limited to a system of dikes, walls, barriers, berms, or other devices
as may be required.
8,70,090 Construction Sites. Any person performing constructioork in the
City shall comply with the provisions of this Chapter, and Ordinance 457 of the
County of Riverside for erosion and sediment control. A copy of Ordinance No. 457,
an Ordinance of the County of Riverside, is on file in the office of the City Clerk of the
City of La Quinta.
8.70.100 New Development and Redevelopment. To minimize the Discharge
and transport of Pollutants, the City may require that any new development or
redevelopment project control the volume and rate of Storm Water Runoff from the
project so as to prevent any deterioration of water quality that may impair the
subsequent or competing uses of the water. The Director of Public Works may
establish standards and guidelines implementing BMPs designed to control the rate and
volume of Storm Water Runoff from new developments and redevelopments as may
be appropriate to minimize the Discharge and transport of Pollutants.
The following methods and standards for controlling Storm Water Runoff volumes,
rates, and Pollutants, among others, may be required by the Director of Public Works:
(1) Increase Permeable Areas. Avoid placing Impervious Surfaces in highly
porous soil areas; incorporate landscaping and open space into the
project design; use porous materials for or near driveways and walkways;
incorporate detention ponds and infiltration pits into the project's design;
avoid placing pavement and other Impervious Surfaces in low lying areas.
(2) Direct Runoff to Permeable Areas. Direct Storm Water Runoff away from
impermeable areas to swales, berms, green strip filters, gravel beds, and
french drains. Install raingutters and orient them toward permeable areas.
Modify the grade of the property to divert flow to permeable areas and
minimize the amount of Storm Water Runoff leaving the Premises. When
designing curbs, berms or other structures, avoid designs which isolate
permeable or landscaped areas.
(3) Maximize Storm Water Storage for Reuse. Require retention structures,
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subsurface areas, cisterns, or other structures to store Storm Water
Runoff for reuse or slow release.
8,70,1 10 Compliance with General Permits. All industrial Dischargers,
dischargers associated with construction activity, or other discharger subject to any
NPDES permit issued by the United States Environmental Protection Agency, the State
Water Resources Control Board, or the Colorado River Basin Regional Water Quality
Control Board, shall comply with all requirements of such permit or permits. Proof of
compliance with said NPDES General Permits may be required in a form acceptable to
the Director of Public Works prior to issuance of , any City grading, building, or
occupancy permits.
8,70.120 Compliance with BMP's. Where BMP guidelines or requirements
have been adopted by the City or by any federal, State of California, regional, and/or
County agency, for any activity, operation, or facility which may cause or contribute
to Storm Water pollution or cause Pollutants to be Discharged to the Storm Drain
System, every Person undertaking such activity or operation, or owning or operating
such facility shall comply with such guidelines or requirements as may be identified by
the Director of Public Works.
VIALOA-1106=1
(1) Immediate Notification. Any Person who intentionally, negligently or
otherwise violates any provision of this Chapter resulting in a Discharge
of a Pollutant or Pollutants to the Storm Drain System shall immediately
notify the Director of Transportation or his or her designee by telephone
or in person, and shall identify 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 taken
as a result of the Discharge . Written notification of such discharge
information shall thereafter be provided to the Director of Public Works
or his or her designee within 48 hours of the Discharge.
(2) Written Report. All Persons violating this Chapter shall, within ten
0 0) calendar days after any such Discharge of a Pollutant or Pollutants,
file with the Director of Public Works a detailed written report describing
the cause of the Discharge, the date and time of the Discharge, the type,
concentration and volume of material Discharged, 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
10
a waiver or release of any Person from any liability, fines or other
obligations imposed under this Chapter, or otherwise in the City's Code
or under State or federal law.
RJUIXI • •- .i .�.
(1) Inspections. The City Manager or the Director of Public Works, or any
designee thereof, may, on 24 hour oral or written notice, unless exigent
circumstances justify a shorter time period, enter upon and inspect any
private Premises for the purposes of verifying compliance with the terms
and conditions of this Chapter. Such inspection may include, but is not
limited to:
a. Identifying products produced, processes conducted, chemicals and
materials used, stored or maintained on the subject Premises;
b. Identifying points of Discharge of all waste water, Non -Storm Water,
processed water systems and Pollutants;
C. Investigating the natural slope of the Premises, including drainage
patterns and man-made conveyance systems;
d. Establishing the location of all points of Discharge from the premises,
whether by surface Runoff or through a Storm Drain System;
e. Locating any Illicit Connection or Illicit Discharge;
f. Investigating and inspecting a vehicle, truck, trailer, tank, or other
mobile equipment;
g. A review and inspection of all records of the owner or occupant of
public or private property relating to chemicals or processes presently or
previously stored or occurring on the property, including material and/or
chemical inventories, facilities maps or schematics and diagrams, material safety
data sheets, hazardous waste manifests, business plans, pollution prevention
plans, state general NPDES permits, Storm Water pollution prevention plans,
and any and all records relating to Illicit Connections, Illicit Discharges, or any
other source of contribution of Pollutants to the Storm Drain System;
h. Inspecting, sampling and testing any area Runoff, soils area
(including groundwater testing), process Discharge, materials with any waste
storage area (including any container contents), and/or treatment system
Discharges for the purpose of determining the potential for contributions of
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Pollutants to the Storm Drain System;
i. Inspecting the integrity of all Storm Drain Systems and sanitary
sewer systems, any connections to other pipelines on the property, including
the use of dye and smoke tests, video surveys, photographs or videotapes, and
the taking of measurements, drawings or any other records reasonably
necessary to document conditions as they exist on the Premises;
j. The installation and maintenance of monitoring systems for the
purpose of measuring any Discharge or potential source of Discharge to the
Storm Drain System;
k. Evaluating compliance with this Chapter and/or the Clean Water Act
and applicable State law, and all regulations thereto.
• -,20 "1
a. Any violation of this Chapter is a misdemeanor and shall be
punishable by either a fine of up to One Thousand Dollars ($1,000) or six (6)
months in the County jail, or both.
b. Any Person who may otherwise be charged with a misdemeanor as
a result of a violation of this Chapter may be charged, at the discretion of the
prosecuting attorney, with an infraction punishable by a fine of not more than
One Hundred Dollars ($100.00) for the first violation, Two Hundred Dollars
($200.00) for the second violation, and Two Hundred Fifty Dollars ($250) of
each additional violation thereafter.
C. As part of any sentence or other penalty imposed or the award of
any damage, the Court may also order that restitution be paid to the City or any
injured Person, or, in the case of a violator who is a minor, by the minor's
parent or lawfully designated guardian or custodian. Restitution may include the
amount of any reward, as well as any costs and fees incurred in investigating,
assessing, monitoring, treating, removing, cleaning, or remediating any
Discharge.
d. Any Person violating the provisions of this Chapter shall reimburse
the City for any and all costs incurred by the City in responding to,
investigating, assessing, monitoring, treating, cleaning, removing, or
remediating,. any Illicit Discharge or Pollutant from the Storm Drain System;
rectifying any Illicit Connection; or remediating any violation of this Chapter.
Such costs to be paid to the City include all administrative expenses and all
legal expenses, including costs and attorney's fees, in obtaining compliance,
12
and in litigation including all costs and attorney's fees on any appeal. The costs
to be recovered in this Section 8.70.140 shall be recoverable from any and all
Persons violating this Chapter.
e. In the event of this Chapter constitutes an imminent danger to public
health, safety, or the environment, the City Manager or the Director of
Transportation, or any authorized agent thereof, may enter upon the Premises
from which the violation emanates, abate the violation and danger created to
the public safety or the environment, and restore any Premises affected by the
alleged violation, without notice to or consent from the owner or occupant of
the Premises. An imminent danger shall include but is not limited to exigent
circumstances created by the Discharge of Pollutants, where such Discharge
presents a significant and immediate threat to the public health or safety, or the
environment.
f. Violations of this Chapter may further be deemed to be a public
nuisance which may be abated by administrative or civil or criminal action in
accordance with the terms and provisions of this Code and State law.
g. All costs and fees incurred by the City as a result of any violation of
this Chapter which constitute a nuisance, including all administrative fees and
expenses and legal fees and expenses, shall become a lien against the subject
Premises from which the nuisance emanated and a personal obligation against
the owner, in accordance with Government Code Sections 38773.1 and
38773.5. The owner of record of the Premises subject to any lien shall receive
notice of the lien prior to recording, as required by Government Code Section
38773.1. The City Attorney is authorized to collect nuisance abatement costs
or enforce a nuisance lien in an action brought for money judgement, or by
delivery to the County Assessor of a special assessment against the Premises
in accordance with the conditions and requirements of Government Code
Section 38773.5.
h. Any Person acting in violation of this Chapter may also be acting in
violation of the Clean Water Act or the California Porter -Cologne Act (California
Water Code Section 13000 et seq.) and the regulations thereunder, and other
laws and regulations, and may be subject to damages, fines, and penalties,
including civil liability under such other laws. The City Attorney is authorized to
file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages
and orders compelling compliance and appropriate relief consistent with such
Act, and to pursue such other relief as provided for under State law and
pursuant to the City's Municipal Code.
The City Attorney is authorized to file in a court of competent
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jurisdiction a civil action seeking an injunction against any violation or
threatened or continuing violation of this Chapter. Any temporary, preliminary
or permanent injunction issued pursuant hereto may include an order for
reimbursement to the City for all costs incurred in enforcing this Chapter,
including costs of inspection, investigation, monitoring, treatment, abatement,
removal or remediation undertaken by or at the expense of the City, and may
include all legal expenses and fees and any and all costs incurred relating to the
assessment, investigation, monitoring, restoration and/or remediation of the
environment.
j. Each separate Discharge in violation of this Chapter and each day a
violation of this Chapter exists, without correction, shall constitute a newaxf
separate violation punishable as a separate infraction, misdemeanor and/or
civil violation.
k. The City may utilize any and all remedies as are otherwise provided
by law.
Section 2. Severability. If any provision, clause, sentence, or paragraph of
this ordinance or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions
or application of this ordinance which can be given effect without the invalid provision
or application, and to this end, the provisions of this ordinance are hereby declared to
be severable.
Section 3. Effective Date. This Ordinance shall take effect and be in force 30
days after passage.
Section 4. Publication. The City Clerk is hereby ordered and directed to certify
to the passage of this Ordinance, and to cause the same or a summary thereof, or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of January, 1998, by the following vote, to wit:
14
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
8AUNDRA-L. JUI01-A, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEY LL, City Attorney
City of La Quinta, California
15
JOF1N PENA, Wator
City of� a Quinta, California
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, 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. 313 which
was introduced on the 16th day of December, 1997 and was adopted at a regular
meeting held on the 61h day of January, 1998 not being less than 5 days after date
of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the
Cit �f La Quinta specified in a resolution of the City Council.
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
cer� fy that the foregoing ordinance was posted on January 20, 1998 pursuant to City
Co,Gn�il Resolution.
�AUNDRA L. J"OLA, City Clerk
City of La Quinta, California