Loading...
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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 2 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 Page: 3 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, Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 4 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; Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 6.70 Adopted: November 1, 2011 Page: 6 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 Page: 8 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 Page: 10 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; Ordinance No. 493 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 Ordinance No. 493 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. Ordinance No. 493 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 15 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 16 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. Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 17 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 18 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 19 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; Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 20 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 21 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 22 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 23 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 24 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: Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 25 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. Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 26 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 Ordinance No. 493 Surface Water Management and Discharge Controls Municipal Code Chapter 8.70 Adopted: November 1, 2011 Page: 27 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