3 Introduce and Waive the First Reading of an Ordinance Adding Chapter 9-12 to the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Clean Water Act and California Porter-Cologne Act.

Note from TheGardeningSnail: This page was produced by running a PDF Image File through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in. I also may have broken up some of the longer paragraphs for ease of reading. 

Meeting Date: September 15, 2015

 

STAFF REPORT

AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance Adding Chapter 9-12 to the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Clean Water Act and California Porter-Cologne Act.

MEETING DATE: September 15, 2015

PREPARED BY: City Engineer

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

Introduce and waive the first reading of Ordinance No. _, amending the City’s Municipal Code to add regulations against pollution of storm water runoff pursuant to the Federal Clean Water Act and California Porter-Cologne Act, establish procedures and penalties for violations of the ordinance.

BACKGROUND:

In 1977, the Clean Water Act was adopted to regulate water pollution of waters of the United States. The Clean Water Act was amended in 1987 to outlaw the discharge of pollutants to surface waters from all point sources including storm water runoff. These new regulations added that storm water discharges would require a permit. Under the Clean Water Act, EPA developed the National Pollution Discharge Elimination System (NPDES) Program to eliminate pollution discharges and set water quality standards on receiving waters. The NPDES Program administers the storm water discharge permit under the Code of Federal Regulations, Part 40 CFR 122.

In 1999, the U.S. Environmental Protection Agency issued regulations, known as Phase II, requiring permits for storm water discharges from Small MS4s and from construction sites disturbing between one and five acres of land.

To enforce the NPDES regulations, the California Water Resources Control Board (SWRCB) issues water quality orders for storm water discharges from Small Municipal Separate Storm Sewer Systems (MS4). In 2003, the SWRCB issued Order No. 2003-0005-DWQ to regulate the storm water runoff from the City of Livingston. Most recently, the SWRCB issued Order No. 2013-0001-DWQ in 2013 that sets forth new requirements for the City’s NPDES permit on eliminating and detecting pollution from storm water runoff.

DISCUSSION:

The City of Livingston owns, operates and maintains a storm drain system (or MS4) that collects and disposes of storm water runoff from construction sites and urban development sources such as streets, roof tops, landscaped areas, parking lots and industrial point discharges. The storm drain system consists of a network of pipes, manholes, catch basins, inlets and outlets. The storm system has discharge outlets or outfalls to the Merced Irrigation District (MID) water conveyance system and to City-owned storm water retention/detention basins.

As an MS4 operator, the City of Livingston is required to adopt an ordinance on urban storm water quality management to eliminate pollution from storm water runoff. This ordinance would prohibit the discharge of materials or substances other than storm water, except for authorized discharges (i.e. fire hydrant flushing and pool dewatering), into the City’s storm drain system and establish a procedure for enforcement and sanctions against illicit discharges, construction activities violations and illegal connections that may pose a threat of pollutant discharges to receiving waters.

FISCAL IMPACT:

There are no fiscal impacts associated with this item.

ATTACHMENTS:

1. Ordinance No.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADDING CHAPTER 12 TO TITLE 9 OF THE LIVINGSTON MUNICIPAL CODE PERTAINING TO URBAN STORM WATER QUALITY MANAGEMENT

WHEREAS, the City is obligated under the federal Clean Water Act and the State Porter­ Cologne Act to take steps to reduce pollution in its storm water runoff; and

WHEREAS, the City is required to prepare and adopt a storm water ordinance to regulate storm water discharge from industrial and construction related activities; and

WHEREAS, the Urban Storm Water Quality Ordinance is statutorily exempt from CEQA under Discharge Requirements, Section 15263 of the CEQA Regulations; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. Chapter 12, Urban Storm Water Quality Management is added to Title 9, Public Ways and Property, of the Livingston Municipal Code, to read as follows:

Chapter 12

URBAN STORM WATER QUALITY MANAGEMENT

9-12-1 : TITLE.

This chapter shall be known as the URBAN STORM WATER QUALITY MANAGEMENT ORDINANCE OF THE CITY OF LIVINGSTON. (Ord. 2015-xx, xx-xx-2015)

9-12-2 : PURPOSE AND INTENT.

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to protect and enhance the quality of the city’s watercourses, water bodies, and wetlands pursuant to and consistent with all applicable state and federal laws related to storm water management, including, but not limited to, the clean water act (33 USC 1251 et seq.), the national pollution discharge elimination system regulations (40 CFR 122 et seq.) and the city’s storm water discharge permit for small municipal storm sewer systems (MS4) pursuant to SWRCB Order No. 2013-0001-DWQ. (Ord. 2015-xx, xx-xx-2015)

9-12-3 : DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply:

Approved Storm Water Runoff: Surface runoff collected by any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structures owned, operated or approved by the city.

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Best Management Practices (BMPs): Schedules of activities, 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, drainage from raw materials storage, and control of hazardous materials. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs.

California State Water Resources Control Board (SWRCB): The state agency charged with administration of the national pollution discharge elimination system (NPDES).

Clean Water Act: The federal water pollution control act, as amended, 33 USC 1251 et seq. Contaminated Groundwater: Impure groundwater or groundwater mixed with a pollutant.

Director: The Director of Public Works, or his or her designee. Enforcement Officer: The Director, or his or her designee.

Environmental Protection Agency (EPA): The federal agency charged with enforcement of environmental laws and regulations.

National Pollution Discharge Elimination System (NPDES) Permit: Storm Water discharge permit for small municipal storm sewer systems (MS4) permit issued by the SWRCB which authorizes the discharge of Storm Water pursuant to the clean water act (33 USC 1342).

Non-Storm Water Discharge: Any discharge to the Storm Drain System that is not composed entirely of Storm Water.

Notice of Intent (NOi): A form submitted to the RWQCB notifying the agency of a Person’s intent to be covered under the State General Permit for the control of construction site runoff on projects that disturb one acre of land or more, in one or more phases of construction or for industrial activities.

Person: Any individual, partnership, corporation, partnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, government entity, or any other legal entity, or their legal representatives, agents or assigns.

Pollutant: Anything which causes deterioration of water quality such that it impairs subsequent and/or competing uses of water. Shall have the same meaning as defined in 40 CFR 122.2, and shall include, but not be limited to, any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to, fertilizers, solvents, sludge, petroleum or petroleum products, solid waste, garbage, sand, dirt, animal waste, acids, bases, paints, oil and other automotive fluids, rubbish, debris, hazardous waste, chemicals, fresh concrete, yard waste from residential and commercial landscaping operations, fecal coliform, fecal streptococci, entercoccus, heavy metals, materials that result from constructing a building or structure, and nauseous or offensive matter of any kind.

Premises: Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

Regional Water Quality Control Board (RWQCB): The state division of the SWRCB charged with enforcement of the water quality laws and regulations in the state of California.

Storm Drain System: All or any part of publicly or privately owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, canals, storm drains and dry wells located within public easements, rights of way, parks, common areas, retention areas, or other publicly or privately owned or maintained real property designed or used for collecting, holding, or conveying Storm Water to waters of the United States, or designed to be percolated (i.e., dry well) into the groundwater system.

Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Storm Water Runoff: Surface runoff and drainage associated with rain storm events.

Unlawful Connection: Any physical connection to a Storm Drain System which has not been permitted by the city.

Unlawful Discharge: Any discharge to the Storm Drain System that is not composed entirely of Storm Water or Storm Water discharges from private property designed or intended to be disposed of on-site. Any spilling, leaking, pumping, pouring, emitting, emptying, ejecting, placing, releasing, leaching, dumping or disposing into or on any land in a manner that may cause pollution. (Ord. 2015-xx, xx-xx- 2015)

9-12-4: AUTHORITY FOR ADMINISTRATION AND ENFORCEMENT.

The Director or his designee shall have the authority to exercise the powers and perform the duties set forth in this chapter and to administer and enforce provisions of this chapter. The Director may designate other employees to exercise such powers and perform such duties, as he/she deems appropriate. (Ord. 2015-xx, xx-xx-2015)

9-12-5: REGULATORY CONSISTENCY/APPLICATION.

This chapter shall be construed to assure consistency with requirements of the Federal Clean Water Act and its implemented regulations for Storm Water management, and to comply with the California State Water Resources Control Board’s Storm Water discharge permit for small MS4s, and shall be applicable to all Storm Water generated on any developed or undeveloped urban lands lying within the city of Livingston or conveyed by the public Storm Drain System. (Ord. 2015-xx, xx-xx-2015)

9-12-6: ULTIMATE RESPONSIBILITY OF DISCHARGER.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the United States caused by said Person. This chapter shall not create liability on the part of the city of Livingston, or any agent or employee thereof, for any damages, claims, or liabilities that result from any dischargers, reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2015-xx, xx-xx-2015)

9-12-7: NON-STORM WATER DISCHARGE; PROHIBITIONS AND EXEMPTIONS.

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A. Discharge Of Substances: Unless expressly authorized or exempted by this chapter, no Person shall cause or allow the discharge to a public right of way or public Storm Drain System of any substance that is not composed entirely of Storm Water. Pollutant substances may include, but are not limited to, petroleum products (oil and grease), pesticides, fertilizers, household or industrial chemicals, industrial process wastewater, domestic sewage, and animal waste. Other potential sources of pollutants include washdown from parking lots, private paved roads, gasoline stations, industrial facilities, business enterprises and dwelling units.

B. Disposing Of Materials: Unless expressly authorized or exempted by this chapter, no Person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to Storm Water. Pollutant materials may include, but are not limited to, refuse, rubbish, garbage or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, Storm Water system, business place, or upon any public or private plot ofland in the city so that the same can become a pollutant by entering the Storm Drain System except in containers or in lawfully established waste disposal facilities.

C. Exemptions: The following discharges are exempt from the prohibitions set forth in subsections A and B of 9-12-7:

1. Discharges authorized by a separate NPDES or RWQCB permit.

2. The following categories of non-Storm Water discharges are permissible unless otherwise prohibited under subsection C3, C4, or CS of 9-12-7:

a. Water line :flushing,

b. Landscaping irrigation,

c. Diverted stream flows,

d. Rising ground waters,

e. Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(b)(20),

f. Uncontaminated pumped ground water,

g. Discharges from potable water sources,

h. Foundation drains,

1. Air conditioning condensation,

j. Irrigation water,

k. Springs,

I. Water from crawl space pumps,

m. Footing drains,

n. Lawn watering,

o. Individual residential car washing,

p. Flows from riparian habitats and wetlands,

q. Dechlorinated swimming pool discharges,

r. Discharges from emergency firefighting activity, or

s. Any other activity that the Director identifies is not a significant contributor of pollutants during the city of Livingston’s NPDES Storm Water discharge permit for small MS4s’ permit term.

3. No Person shall discharge to public Storm Drain System any exempted discharge under this subsection if the Director or assigned designee identifies and provides written notice to the Person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or ground water.

4. No Person shall discharge to the public Storm Drain System anything that would result in or contribute to a violation of the city’s NPDES Storm Water discharge permit for small MS4s. Liability for any such Unlawful Discharge shall be the responsibility of the Person causing or responsible for the discharge.

5. No Person shall establish, use, maintain, or continue any unlawful connection to the public Storm Drain System which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 2015-xx, xx-xx-2015)

9-12-8: OPERATING FACILITIES OR ACTMTIES.

A. All Persons owning or operating Premises or engaged in activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent (NOI) to comply with an NPDES or RWQCB stormwater discharge permit shall provide a copy of such notice to the Director upon request. Facilities required to apply for a stormwater discharge permit are identified in 40 CFR 122.26(b)(14) and may include, but are limited to, maintenance operations, storage facilities, manufacturing activity, assembly operations, equipment operations, vehicle loading or fueling, food processing, trucking, or cleanup procedures which are carried out partially or wholly out of doors.

B. All Persons engaged in activities which will or may reasonably be expected to result in pollutants entering the public Storm Drain System shall undertake Best Management Practices (BMPs) to minimize such pollutants, shall provide protection from accidental discharge of pollutants to the public Storm Drain System and comply with cleanup and notification requirements of this chapter. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.

C. IfBest Management Practice is required by the Director or City Engineer to prevent a pollutant from entering the public Storm Drain System, the Person receiving the notice of such a requirement may petition the city council of the city of Livingston to reconsider the application of the BMPs to the Premises or activity. The written petition must be received by the city clerk within ten (10) working days of the notice issued by the Director or City Engineer. The petition shall set forth any reasons as to why application of BMPs to the Premises or activity should not be required and any proposed alternatives to such requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2008-07, 11-12-2008)

9-12-9: CONSTRUCTION SITES.

A. All Persons engaged in construction activities who are required by federal or state law to submit to EPA and/or RWQCB a notice of intent to comply with an NPDES stormwater permit, shall provide the city with copies of the NOI and the NPDES stormwater permit issued by the RWQCB. Construction activities that will disturb one acre or more of land area or smaller land areas, if they are part of a larger common plan of development or sale, are required to apply for a stormwater discharge permit (40 CFR 122.26(b)(15)).

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B. Any Person performing construction shall not cause or contribute to a violation of the RWQCB stormwater discharge permit issued by the RWQCB to the city of Livingston. Liability for any such discharge shall be the responsibility of the Person causing or responsible for the discharge. Any Person performing construction shall undertake Best Management Practices to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public Storm Drain System, and comply with the cleanup and notification requirements of this chapter. Site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site specific and are described in the documents "Storm Water Best Management Practice Handbook: Construction"; "Storm Water Best Management Practice Handbook: New Development And Redevelopment"; "Storm Water Best Management Practice Handbook: Industrial And Commercial"; "Storm Water Best Management Practice Handbook: Municipal"; or other guidance documents available from EPA and/or RWQCB.

C. IfBest Management Practice is required by the Director or City Engineer to prevent a pollutant from entering the public Storm Drain System, the Person receiving the notice of such a requirement may petition the city council of the city of Livingston to reconsider the application of the BMPs to the Premises or activity. The written petition must be received within ten (10) working days at the issuance of the notice by the Director or City Engineer and shall set forth any reasons as to why application of BMPs to the Premises or activity should not be required and any proposed alternatives to such a requirement. The city council will act within thirty (30) calendar days of the filing of the petition. (Ord. 2015-xx, xx­ xx-2015)

9-12-10 : NEW DEVELOPMENT AND REDEVELOPMENT.

To minimize the discharge and transport of pollutants during construction and post construction, the city may require, in its discretion, a new development or redevelopment project, greater than one acre, to control the volume, rate and quality of Storm Water runoff from the project site so as to prevent any deterioration of water quality which would impair the beneficial uses of water. Developer shall comply with all Storm Water runoff requirements for construction sites. The Director or City Engineer may establish standards and guidelines implementing BMPs designed to control the rate and volume of Storm Water runoff from new development and redevelopment sites as may be appropriate to minimize the discharge and transport of pollutants for post construction. Acceptable methods and standards for controlling Storm Water runoff volumes, rates, and pollutant load for post construction may include but are not limited to the following:

A. Increase Permeable Areas: Avoid placing impervious surfaces on highly porous soil areas; incorporate landscaping and open spaces into the project design; use porous materials for driveways and walkways; incorporate detention ponds and infiltration pits into the project design; avoid placing pavement and other impervious surfaces in low lying areas.

B. 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 rain gutters 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 property. When designing curbs, berms, or other structures, avoid designs which isolate permeable or landscaped areas.

C. Maximize Storm Water Storage for Reuse: Use retention structures, subsurface areas, cisterns, or other structures to store Storm Water runoff for reuse or slow release.

All Storm Water facilities shall be designed in accordance with the city Storm Water master plan, the city improvement standards and as approved by the City Engineer. (Ord. 2015-xx, xx-xx-2015)

9-12-11 : POST CONSTRUCTION.

Property owners or operators shall ensure long term operation and maintenance of post-construction Storm Water runoff control mechanisms, such as retention basins, dry wells and other measures described in 40 CFR 122.34(b)(5)(iii). (Ord. 2015-xx, xx-xx-2015)

9 -12-12 WATERCOURSE AND IRRIGATION CANAL PROTECTION

A. Every person owning, leasing property or otherwise controlling property ("owner") through which a watercourse or publicly owned irrigation and/or storm water canal or channel ("watercourse") originates or passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate , or significantly retard the flow of water through the watercourse . The owner shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor perform vegetation management in such a manner as to increase the vulnerability of the watercourse to erosion. The owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within that owner’s property, within regulatory frameworks, to a reasonable standard as determined by the Director, in order to protect against erosion and degradation of the watercourse originating or passing through the property.

B. Every owner of property through which a watercourse originates or passes shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse .

C. Every owner is responsible to comply with all laws, rules, and regulations of State or Federal agencies that may have jurisdiction over wetlands and waterways . Maintenance must be done in a manner that does not adversely impact waterway species .

9-12-13: CLEAN UP AND NOTIFICATION REQUIREMENTS.

A. All Persons in charge of a facility or responsible for emergency response for a facility have personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed, or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city Storm Drain System. As soon as any owner or operator has actual or constructive knowledge of any discharge which may result in pollutants entering the public Storm Drain System, such Person shall promptly take all necessary steps to ensure the discovery of the source and the extent and proceed with containment and cleanup of such discharge.

B. The owner or operator shall notify the Director or the City Engineer of the discharge in both of the following manners:

I . By telephone as soon as practical or by calling 9-1-1, if hazardous materials are involved; and

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2. By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventative measures put into place to prevent a subsequent discharge. (Ord. 2015-xx, xx-xx-2015)

9-12-14 : AUTHORITY TO INSPECT, ESTABLISH SAMPLING DEVICES AND DIRECT TESTING AND MONITORING.

A. The Director shall have the authority to conduct reasonable inspections upon private property as may be deemed necessary to carry out the purpose of this chapter. Such inspections shall be conducted with the consent of the property owner and/or the Person possessing or controlling the property. If such consent cannot be obtained, an inspection shall be conducted pursuant to a court-issued inspection warrant. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as emergency services or health department.

B. Authority to Sample and Establish Sampling Devices: With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized Enforcement Officer may establish on any property such devices as are necessary to aid in the pursuit of the inquiry or in the recordation of the activities on­ site.

C. Requirement to Test or Monitor: Any authorized Enforcement Officer may require that any Person engaged in any activity and/or owning or operating any facility which has been determined to cause or contribute to Storm Water pollution or contamination, Unlawful Discharge, and/or discharge of non-Storm Water to the Storm Drain System, undertake such monitoring activities and/or analysis and furnish such reports as the officer may specify. The costs of these activities, analysis, and reports required shall be borne by the owner/operator of the facility. (Ord. 2015-xx, xx-xx-2015)

9-12-15 : VIOLATION CONSTITUTING MISDEMEANORS.

Unless otherwise specified by this chapter, the violation of the provisions of this chapter shall constitute a misdemeanor. Any such violation constituting a misdemeanor, at the discretion of the authorized Enforcement Officer, may be charged and prosecuted as an infraction. (Ord. 2015-xx, xx-xx-2015)

9-12-16 : PENALTIES.

Upon conviction of a misdemeanor or an infraction, a Person shall be subject to payment of a fine, or imprisonment, or both.

Civil Penalties: Inaddition to any other enforcement authority contained in this chapter, the Director or City Engineer shall issue a civil citation to any Person who has violated, or continues to violate, any provision of this chapter or any related laws or regulations. A Person who violates any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition shall be civilly liable to the city of Livingston for a sum not to exceed ten thousand dollars ($10,000.00) per day per violation.

Criminal Penalties: A Person who willfully or negligently violates any provision of this chapter, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed fifteen thousand dollars ($15,000.00) per day per violation and/or imprisonment for a period not to exceed six (6) months. (Ord. 2015-xx, xx-xx-2015)

9-12-17 : CONCEALMENT.

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Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall be unlawful and punishable as a misdemeanor. (Ord. 2015-xx, xx-xx-2015)

9-12-18 : VIOLATION DEEMED A PUBLIC NUISANCE.

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized Enforcement Officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by legal counsel.

B. The cost of such abatement and restoration shall be borne by any property committing the violation, and the cost thereof shall be a lien upon and against any such property and such lien shall continue in existence until the same shall be paid. Ifthe lien is not satisfied by the owner of the property within three months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

C. Inany administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of suit and reasonable attorney fees. (Ord. 2015-xx, xx-xx-2015)

9-12-19 : CIVIL ACTIONS.

Inaddition to any other remedies provided in this section, this chapter may be enforced by civil action brought by the city. Inany such action, the court may grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction.

B. Assessment of the violator/parcel owner for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing Storm Water discharge control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 2015-xx, xx-xx-2015)

9-12-20 : ADMINISTRATIVE ENFORCEMENT POWERS.

A. Notice of Violation: Whenever the Director finds that a Person has violated a prohibition or failed to meet a requirement of this chapter, the Director may order compliance by written notice of violation to the responsible Person. Such notice may require without limitation:

1. The performance of monitoring, analyses, and reporting;

2. The elimination of illicit connections or discharges;

3. That violating discharges, practices, or operations shall cease and desist;

4. The abatement or remediation of Storm Water pollution or contamination hazards and the restoration of any affected property; and

5. The implementation of source control or treatment BMPs.

B. Ifabatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within established deadlines, the work will be done by the city or a contractor designated by the Director and the expense thereof shall be charged to the violator. (Ord. 2015-xx, xx-xx-2015)

9-12-21 : APPEAL.

Notwithstanding the provisions of urgency abatement, any Person receiving a notice of violation may appeal the determination of the Director to the City Manager. The notice of appeal must be received by the City Manager within 15 days from the date of the notice of violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of the city’s receipt of the notice of appeal. The decision of the City Manager shall be final. (Ord. 2015-xx, xx-xx-2015)

9-12-22 : ABATEMENT BY CITY.

Ifthe violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 10 days of the decision of the City Manager upholding the decision of the Director, then the city or a contractor designated by the Director shall, pursuant to a warrant issued by a court of competent jurisdiction, enter upon the subject’s private property and take any and all measures reasonably necessary to abate the violation and/or restore the property. It shall be unlawful for any Person, owner, agent or Person in possession of any Premises to refuse to allow the city or designated contractor to enter upon the Premises for the purposes set forth above. (Ord. 2015-xx, xx-xx-2015)

9-12-23 : CHARGING COSTS OF ABATEMENT/LIENS.

A. Within 30 days after abatement of the nuisance by city, the Director shall notify the property owner of the property of the cost of abatement, including administrative costs, investigative costs, cost of testing, hearing costs, etc. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within 15 days. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be final.

B. Ifthe amount due is not paid within 10 days of the decision of the city council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the county auditor so that the auditor may enter the amount of the assessments against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes against the parcel ofland. (Ord. 2015-xx, xx­

xx-2015)

9-12-24 : URGENCY ABATEMENTS.

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The Director is authorized to require immediate abatement of any violation of this chapter which constitutes an immediate threat to the health, safety or well being of the public. Ifany such violation is not abated immediately as directed by the Director, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent city from seeking other and further relief authorized under the chapter. (Ord. 2015-xx, xx-xx-2015)

9-12-25 : COMPENSATORY ACTION.

Inlieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 2015-xx, xx-xx-2015)

9-12-26 : ACTS POTENTIALLY RESULTING IN A VIOLATION OF THE FEDERAL CLEAN WATER ACT AND/OR CALIFORNIA PORTER-COLOGNE ACT.

Any Person who violates any provision of this chapter or any rule or regulation issued pursuant to this chapter may also be in violation of the Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of this potential liability. (Ord. 2015-xx, xx-xx-2015)

9-12-27 : NON-EXCLUSIVITY OF REMEDIES.

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2015-xx, xx-xx-2015)

9-12-28 : CONFLICTS WITH OTHER LAWS.

Inthe event of any conflict between this chapter and any federal or state law, regulation, permit, or other ordinance of the city of Livingston, the requirements which establishes the stricter standard shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law. (Ord. 2015-xx, xx-xx-2015)

SECTION 2. Severability. Ifany provision of this Ordinance or the application thereof to any Person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced:

Passed and Adopted:

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RODRIGO ESPINOZA, Mayor

of the City of Livingston

ATTEST:

State of California ) County of Merced ) City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the _ day of 2015, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this _ day of 2015, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BETTY COTA, Deputy City Clerk of the City of Livingston

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