2 Certification Statement of Legal Authority

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Excerpted from Pages 4-5

The City of Livingston City Council (City Council) has made the decision that the Public Works Department will occupy the position of lead department in implementing the Order. The Assistant City Manager will continue to occupy the Legally Responsible Person (LRP) role, with the Assistant City Manager or Public Works Director acting as the Duly Authorized Representative (DAR) and the point of contact between the Central Valley Regional Water Quality Control Board and the City.

The Assistant City Manager has coordinated with the City’s Legal Counsel and Public Works Department to develop the legal authority required by the Order. Public Works Department drafted the necessary changes and additions to the City’s municipal code language to fully comply with the Order, which were reviewed by the City’s Legal Counsel prior to submission to the City Council for adoption.

The Public Works Department, acting as the lead department, will oversee the City’s Storm water Management Program, collect and store all data and documentation required by the Order, perform program effectiveness evaluations, prepare annual reports, communicate with various departments about program requirements, and monitor any changes to the Order. The Public Works Department will be responsible for managing the Illicit Discharge Detection & Elimination, the Pollution Prevention, the Construction and the Post-Construction Storm Water Management elements of the Order, as they relate to roadways, the storm drainage system and Public Works facilities. The Community Development Department will develop and implement a Post Construction Standards Plan to provide guidance to developers and staff on the requirements of Part E.12 of the Order. The Public Works Department or Administration Department will develop a Comprehensive Storm Water Education and Outreach Plan and coordinate the implementation of the Plan with other City departments. The Engineering and Community Development Departments will review Erosion & Sediment Control Plans and Storm Water Pollution Prevention Plans (SWPPPs) submitted to the City and will perform storm water compliance inspections at construction sites that are one (1) acre or larger in size and applicable to the Construction General Permit. The Engineering Department will be responsible for the internal training of their staff and contractors.

City of Livingston Year 2 MS4 Phase II Permit Certification Statement

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The Public Works Department will oversee the Illicit Discharge Detection & Elimination and the Pollution Prevention elements of the Order, as they relate to Hazardous Materials Response, field inspections, and City parks. The Public Works Department in conjunction with the Administration Department will take the lead on performing public outreach and education related to spills, hazardous waste, illegal dumping, and general pollution prevention; which is a natural extension of the public outreach that they are currently performing. Because the Public Works Department already has a public interface and participates in other similar outreach, they will oversee the Public Involvement & Participation element.

The Public Works Department will oversee the pesticide and herbicide program requirements and the related internal staff training and external public education program.

The Public Works Department will oversee the administration of the Pollution Prevention element of the Order for City owned or operated facilities and the training of personnel at those facilities. The Public Works Department will be responsible for preparing procedures of the O&M activities, listed in E.11.h of the Permit, for which they are responsible.

The Community Development Department will be responsible for maintaining the inventory of small and regulated development projects that are subject to the Post Construction requirements of the Order. The Community Development Department will provide the initial evaluation of development submittals to determine which projects will be routed to Engineering Department for review. The Community Development Department permit counter will be a distribution center for Public Works Department storm water educational materials for contractors, developers and permit applicants. The Community Development and Engineering Departments construction inspectors will be trained to recognize storm water pollution and housekeeping issues in the field and to notify Public Works Department of potential violations.

The Public Works Department will be responsible for internal training of staff on the Landscape Design and Maintenance requirements in Part E.11.j of the Order and to ensure that the requirements are implemented for all City parks.

E.6.b(ii)(b) Citation of storm water runoff related ordinances, identification of the topics each ordinance addresses.

Citations of Applicable Ordinances

Ordinance Number 625, Ordinance of the City of Livingston Adding Chapter 12 to Title 9 of the Livingston Municipal Code Pertaining to Urban Storm Water Quality Management

§ 9-12-1 Title

§ 9-12-2 Purpose and Intent

§ 9-12-3 Definitions

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City of Livingston Year 2 MS4 Phase II Permit Certification Statement

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§ 9-12-4 Authority for Administration and Enforcement

§ 9-12-5 Regulatory Consistency/Application

§ 9-12-6 Ultimate Responsibility of Discharger

§ 9-12-7 Non-Storm Water Discharge; Prohibitions and Exemptions

§ 9-12-8 Operating Facilities or Activities

§ 9-12-9 Construction Sites

§ 9-12-10 Development and Redevelopment Projects

§ 9-12-11 Post construction Operation and Maintenance

§ 9-12-12 Watercourse and Irrigation Canal Protection

§ 9-12-13 Clean Up and Notification Requirements

§ 9-12-14 Authority to Inspect, Establish Sampling Devices and Direct Testing and Monitoring

§ 9-12-15 Violation Constituting Misdemeanors

§ 9-12-16 Penalties

§ 9-12-17 Concealment

§ 9-12-18 Violation Deemed a Public Nuisance

§ 9-12-19 Civil Actions

§ 9-12-20 Administrative Enforcement Powers

§ 9-12-21 Appeal

§ 9-12-22 Abatement by City

§ 9-12-23 Charging Costs of Abatement/Liens

§ 9-12-24 Urgency Abatements

§ 9-12-25 Compensatory Action

§ 9-12-26 Acts Potentially Resulting in a Violation of the Federal Clean Water Act and/or the California Porter-Cologne Act

§ 9-12-27 Non-Exclusivity of Remedies

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City of Livingston Year 2 MS4 Phase II Permit Certification Statement

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§ 9-12-28 Conflicts with Other Laws

A copy of Ordinance Number 625 has been included in Attachment A. Additionally, Ordinance 623 was adopted by the City Council to restrict and limit the use of water. Attachment B contains a copy of Ordinance 623.

E.6.b(ii)(c) Identification of the local administrative and legalprocedures and ordinances available to mandate compliance with storm water-related ordinances and therefore with the conditions of this Order.

The local administrative and legal procedures that have been adopted by City Council in order to mandate compliance with the above mentioned Ordinance and the conditions of the Order are specified in:

§ 9-12-15 Violation Constituting Misdemeanors

§ 9-12-16 Penalties

§ 9-12-17 Concealment

§ 9-12-18 Violation Deemed a Public Nuisance

§ 9-12-19 Civil Actions

§ 9-12-20 Administrative Enforcement Powers

§ 9-12-21 Appeal

§ 9-12-22 Abatement by City

§ 9-12-23 Charging Costs of Abatement/Liens

§ 9-12-24 Urgency Abatements

§ 9-12-25 Compensatory Action

§ 9-12-26 Acts Potentially Resulting in a Violation of the Federal Clean Water Act and/or the California Porter-Cologne Act

§ 9-12-27 Non-Exclusivity of Remedies

§ 9-12-28 Conflicts with Other Laws

E.6.b(ii)(d) A description of how storm water related-ordinances are reviewed and implemented.

As existing laws change or new laws are implemented, City Staff, in conjunction with the City Attorney, review and update the Ordinances. City Council approves and adopts the new or revised ordinance. The Public Works Department implements the requirements set forth in the Ordinances.

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