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