Chapter 16.19
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL

Sections:

16.19.010    Purpose and intent.

16.19.020    Definitions.

16.19.030    Illicit discharges prohibited.

16.19.040    Installation or use of illicit connections prohibited.

16.19.050    Removal of illicit connection.

16.19.060    Private storm water conveyance systems.

16.19.070    Discharge of sewage prohibited.

16.19.080    Damage to the storm drain system.

16.19.090    Littering – Discharge of polluting or damaging substances prohibited.

16.19.100    Prohibited discharges from industrial or commercial activity.

16.19.110    Industrial/commercial sources required to obtain a NPDES permit.

16.19.120    Notification of prohibited discharge required.

16.19.130    Mandatory best management practices.

16.19.140    Best management practices for construction activity.

16.19.150    Best management practices for industrial/commercial activities.

16.19.160    Best management practices for businesses not covered by state permit.

16.19.170    Right of entry for inspection.

16.19.180    Summary abatement of certain nuisances.

16.19.190    Administrative remedies.

16.19.195    Alternative administrative enforcement.

16.19.200    Judicial remedies – Civil/criminal.

16.19.205    Appeals.

16.19.210    Conflicts with other code sections.

16.19.220    Severability.

16.19.010 PURPOSE AND INTENT.

The purpose of this chapter is to protect the health and safety of the residents of the city by protecting the water quality, beneficial uses, marine habitats, and ecosystems of the receiving waters of the city, including the San Lorenzo River and Monterey Bay, from pollutants carried by urban runoff.

(Ord. 2003-21 § 2 (part), 2003).

16.19.020 DEFINITIONS.

The following words, phrases and terms as used in this chapter shall have the meanings ascribed to them in this chapter.

(a)    “Basin plan” shall mean a water quality control plan for a specific watershed area or areas adopted by a regional board.

(b)    “Beneficial uses” shall mean existing or potential uses of receiving waters as defined in a basin plan.

(c)    “Best management practices” (BMPs) shall mean pollution control practices designed to reduce the pollutants contained in discharges.

(d)    “Building drain” means that part of the lowest horizontal piping of a wastewater drainage system which receives the discharge from soil and waste pipes inside the walls of the building and conveys it to the building sewer, beginning two feet outside the inner face of the building wall.

(e)    “City” shall mean the city of Santa Cruz.

(f)    “Clean Water Act” shall mean the Federal Water Pollution Control Act, which was enacted in 1972 to prohibit the discharge of pollutants to receiving waters of the United States and, later amended in 1987, to establish a framework for regulating municipal, industrial and construction storm water discharges under the NPDES Program.

(g)    “Commercial activity” means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.

(h)    “Construction activity” means any clearing, grading, or excavation that results in soil disturbance. Construction activity also includes, but is not limited to, construction, repairs, dewatering, remodeling, building, and emergency construction activities required to immediately protect public health and safety.

(i)    “Director” means the director of public works for the city of Santa Cruz or his/her authorized agent, representative or inspector.

(j)    “Discharge” means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

(k)    “Hazardous substance” means all of the following liquid, solid and gaseous substances:

1.    Any material or product for which the manufacturer or producer is required to prepare an MSDS for the material or product pursuant to the Hazardous Materials Information and Training Act (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation;

2.    Any material or product which is listed as a radioactive material set forth in 10 CFR, Chapter 1, maintained and updated by the Nuclear Regulatory Commission (such materials shall be exempt from the requirement that an MSDS be submitted with the disclosure form);

3.    Any material or product which is a “hazardous waste” or an “extremely hazardous waste” as defined by Sections 25115 and 25117 of the California Health and Safety Code;

4.    Materials on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code;

5.    Hazardous materials, as defined in Section 25316 of the Health and Safety Code;

6.    Any material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid;

7.    The materials listed pursuant to Title 49 of the Code of Federal Regulations;

8.    Any material which is on the list of EPA pollutants, 40 Code of Federal Regulations, Section 401.15, as amended;

9.    Economic poisons stored in sufficient quantities as determined by either the health officer or the agricultural commissioner;

10.    Hazardous materials contained in consumer products packaged for distribution to and used by the general public.

(l)    “Illicit connection” means any human-made conveyance that is connected to the storm drain system and allows for an illicit discharge.

(m)    “Illicit discharge” means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharge includes all non-storm water discharges except discharges pursuant to a NPDES permit or conditionally exempted by this chapter.

(n)    “Illicit disposal” means any disposal, either intentional or unintentional, of material(s), substance(s), or waste(s) that has the potential to pollute runoff unless otherwise allowed by law.

(o)    “Industrial Activity” means any public or private activity which is associated with any of the eleven categories of activities defined in 40 CFR 122.26(b)(14) and required to obtain a NPDES permit.

(p)    “Industrial/commercial facility” means any public or private facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, or any facility involved and/or used in providing professional and non-professional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC).

(q)    “Maximum extent practicable” means a standard for implementation of storm water management programs to reduce pollutants in storm water. It is the maximum extent possible taking into account equitable consideration and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.

(r)    “NPDES” means the National Pollutant Discharge Elimination System and is implemented and enforced by a permit issued by the U.S. Environmental Protection Agency, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge.

(s)    “Non-storm water runoff” means any discharge to the storm drain system that is not composed entirely of storm water.

(t)    “Nuisance” means a “public nuisance” as defined in this section.

(u)    “Pollutant” means the same as defined in Section 502(6) of the Clean Water Act or as incorporated into the California Water Code, subsection 13373. Pollutants include, but are not limited to, the following:

1.    Materials (including but not limited to fuels, solvents, chemicals, detergents, plastic pellets, hazardous substances, radioactive wastes, fertilizers, pesticides, paints, soot, slag, ash, sludge);

2.    Metals and non-metals both soluble and insoluble (including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, chlorine, phosphorous, formaldehyde, glutaraldehyde and arsenic);

3.    Petroleum hydrocarbons (including but not limited to fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

4.    Eroded soils, sediment, saw cut slurry and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state;

5.    Animal wastes (including but not limited to discharge from confinement facilities, kennels, pens, recreational facilities, and stables);

6.    Substances having acidic or corrosive characteristics, unusual coloration or turbidity;

7.    Any domestic or industrial wastewater;

8.    Any hazardous substances.

The term “pollutant” shall not include uncontaminated storm water, potable water, groundwater or reclaimed water generated by a lawfully permitted water treatment facility.

(v)    “Private storm water conveyance system” shall mean a storm water conveyance system that is not owned or maintained by the city including any instrumentality that drains or conveys storm water from a building or from/through one or more properties to the environment or the city’s storm water system.

(w)    “Public nuisance” means any discharge in violation of the provisions of this chapter, a wastewater discharge permit, or an order of the city council.

(x)    “Receiving waters” means all surface water bodies.

(y)    “Regional Board” means a California Regional Water Quality Control Board.

(z)    “Runoff” means any storm water or non-storm water discharges from a drainage area that reaches the storm drain system. The term “runoff” is interchangeable with the term “urban runoff.”

(aa)    “Standard Industrial Classification” or “SIC” means a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget.

(bb)    “State Board” means the State Water Resources Control Board.

(cc)    “Storm drain system” means collectively any street, gutter, conduit, natural or artificial drain, channel and watercourse, or other facility that is owned, operated, maintained, or controlled by the city and used for the purpose of collecting, storing, transporting, or disposing of runoff.

(dd)    “Storm water” means any water that originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, or other surfaces.

(ee)    “Storm water pollution prevention plan” or “SWPPP” means a plan required by the State of California General Permit for Storm Water Discharges associated with either industrial or construction activities. The purpose of the plan is to help identify the sources of pollution that affect the quality of storm water discharges from a site and to describe and ensure the implementation of practices to reduce pollutants in storm water discharges.

(ff)    “Storm water runoff” means that part of precipitation (rainfall or snowmelt) which travels via flow across any surface to the storm drain system.

(gg)    “Street washing” means the practice of washing of streets and/or sidewalks using water.

(hh)    “Urban runoff” means any storm water and non-storm water runoff.

(ii)    “U.S. EPA” means the United States Environmental Protection Agency.

(Ord. 2012-13 § 1, 2012: Ord. 2003-21 § 2 (part), 2003).

16.19.030 ILLICIT DISCHARGES PROHIBITED.

(a)    No person shall cause the discharge of non-storm water runoff to enter the storm drain system unless the discharge is one of the following:

1.    Authorized by a NPDES permit issued by the U.S. EPA, the State Board, or a Regional Board.

2.    Caused by or resulting from one of the following:

a.    Fire fighting activities.

b.    Landscape irrigation.

c.    Water line breaks and releases from potable water systems.

d.    Foundation/footing drains.

e.    Individual residential car washing.

f.    Unpolluted groundwater.

g.    Hydrant flushing.

h.    Authorized by the city.

All exempt discharges, as listed above, must be in conformance with all other provisions of this code.

(Ord. 2003-21 § 2 (part), 2003).

16.19.040 INSTALLATION OR USE OF ILLICIT CONNECTIONS PROHIBITED.

No person shall install, maintain or use any connection to the storm drain system which is used to discharge to the storm drain system in violation of this code. All connections to the storm drain system that provide for a discharge from inside any building are prohibited.

(Ord. 2003-21 § 2 (part), 2003).

16.19.050 REMOVAL OF ILLICIT CONNECTION.

If any person fails to disconnect an illicit connection upon notification by the director, the director may direct that such connection be disconnected from the storm drain system. The city may pursue the recovery of costs for such disconnection.

(Ord. 2003-21 § 2 (part), 2003).

16.19.060 PRIVATE STORM WATER CONVEYANCE SYSTEMS.

The owner of a property where a private storm water conveyance system is located shall be responsible for the maintenance, repair, and proper operation of the private storm water conveyance system, regardless of whether the private storm water conveyance system is completely located on the private property or partially within the public right-of way. The city shall have no responsibility or obligation for the maintenance, repair, or proper operation of a private storm water conveyance system.

If the director determines that a private storm water conveyance system is not operating properly and causes the improper discharge of storm water to the street, sidewalk or storm drain system, the director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Section 16.19.180.

(Ord. 2003-21 § 2 (part), 2003).

16.19.070 DISCHARGE OF SEWAGE PROHIBITED.

No person shall cause the discharge of sewage to the storm drain system. In addition, if the director determines that a building drain or building sewer is not operating properly and causes the discharge of sewage to the street, sidewalk, or storm drain system, the director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Section 16.19.180.

(Ord. 2003-21 § 2 (part), 2003).

16.19.080 DAMAGE TO THE STORM DRAIN SYSTEM.

It is unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal storm drain system.

(Ord. 2003-21 § 2 (part), 2003).

16.19.090 LITTERING – DISCHARGE OF POLLUTING OR DAMAGING SUBSTANCES PROHIBITED.

No person shall throw, deposit, place, leave, maintain, litter, keep, or permit to be thrown, deposited, placed, left, maintained, or kept, any pollutant, refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects, in or upon any portion of the storm drain system or place of business, or upon any public or private plot of land in the city, except when placed in facilities protected from urban runoff such as containers, bags or recycling bins. Such prohibited activities shall include littering within the confines of receiving waters such as the San Lorenzo River, Branciforte Creek, Carbonera Creek, Neary Lagoon and Pogonip Creek.

(Ord. 2003-21 § 2 (part), 2003).

16.19.100 PROHIBITED DISCHARGES FROM INDUSTRIAL OR COMMERCIAL ACTIVITY

(a)    The following list of discharges from industrial/commercial activities shall be considered prohibited unless permitted under a separate NPDES permit or as allowed by BMPs published or approved by the city public works department. This list is based on Section 16.19.030 but is not an exhaustive list of prohibited discharges to the storm drain system:

(1)    Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

(2)    Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial operations;

(3)    Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners;

(4)    Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

(5)    Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

(6)    Vehicle fluids;

(7)    Mat wash water from food service facilities;

(8)    Food and kitchen cleaning water from food service facilities;

(9)    Leakage from dumpsters or trash containers;

(10)    Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;

(11)    Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;

(12)    Wastewater or cleaning fluids from carpet cleaning;

(13)    Swimming pool and spa water;

(14)    Wash out from concrete trucks;

(15)    Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed by Chapter 6.50 of this code;

(16)    Super-chlorinated water normally associated with the disinfection of potable water systems.

(Ord. 2003-21 § 2 (part), 2003).

16.19.110 INDUSTRIAL/COMMERCIAL SOURCES REQUIRED TO OBTAIN AN NPDES PERMIT.

(a)    Any industrial/commercial facility that is required to have a NPDES permit shall retain the following documents on-site and make them immediately available to the director:

(1)    A copy of a permit or notice of intent to comply with a general permit to discharge storm water associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction.

(2)    A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a Regional Board.

(3)    A SWPPP monitoring program plan or group monitoring plan.

(4)    Storm water quality data.

(5)    Evidence of facility self-inspection as required by the NPDES permit.

(Ord. 2003-21 § 2 (part), 2003).

16.19.120 NOTIFICATION OF PROHIBITED DISCHARGE REQUIRED.

In the event or discovery of a discharge to the storm drain system that is prohibited by this code, the discharger or permittee shall immediately notify the director of the incident by telephone at the city public works department. The notification shall include the discharge location, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimize the effects of the discharge.

Within 10 calendar days from the first discovery of the discharge, the discharger or permittee shall submit to the director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee of liability or fines incurred as a result of the prohibited discharge.

(Ord. 2003-21 § 2 (part), 2003).

16.19.130 MANDATORY BEST MANAGEMENT PRACTICES.

Any owner, occupant, or user of any property, or any person conducting activities within the city shall comply with any mandatory BMPs listed in the latest BMP manual published by the public works department and the following mandatory BMPs:

(a)    If water is used to remove paint or graffiti for building exteriors, walls, steps, signs, and other surfaces, the wastewater and paint particles may not be discharged to the street or storm drain system. If blasting or sanding is used to remove paint or graffiti, the paint particles, blasting material, sand, or dust may not be allowed to reach the storm drain system.

(b)    Paintbrushes, paint spray guns, paint trays or containers, and paint cans may not be cleaned or rinsed into the street or storm drain system.

(c)    Objects including, but not limited to, motor vehicles, motor vehicle parts, machinery, and equipment that contain grease, oil, or hazardous substances shall be placed in a confined area in order to contain leakage, spillage and discharges, or stored in such condition so that grease, oil or hazardous substances do not contact urban runoff.

(d)    Areas susceptible to runoff shall have debris removed by sweeping or another equally effective measure on a regular basis.

(e)    Waste not contained in receptacles shall be covered and located so as to prevent contact with urban runoff.

(Ord. 2003-21 § 2 (part), 2003).

16.19.140 BEST MANAGEMENT PRACTICES FOR CONSTRUCTION ACTIVITY.

Any construction project, including those undertaken under any permit or approval granted pursuant to Titles 15, 18, and 24 of this code, shall implement best management practices (BMPs) including the city’s mandatory BMPs as detailed in the latest BMP manual published by the city’s public works department. BMPs shall be maintained in full force and effect during the duration of the project.

(Ord. 2003-21 § 2 (part), 2003).

16.19.150 BEST MANAGEMENT PRACTICES FOR INDUSTRIAL/COMMERCIAL ACTIVITIES.

All facilities required to file a Notice of Intent with the State Board, shall abide by the state regulations outlined in the general permit and implement best management practices to the maximum extent practicable listed in the guidelines published in the California Storm Water Best Management Practices Handbook, Industrial/Commercial, by the Storm Water Quality Task Force. The city’s mandatory BMPs, as detailed in the latest BMP manual published by the city’s public works department, must also be implemented.

(Ord. 2003-21 § 2 (part), 2003).

16.19.160 BEST MANAGEMENT PRACTICES FOR BUSINESSES NOT COVERED BY STATE PERMIT.

All business activities shall implement mandatory BMPs as detailed in the latest BMP manual published by the city’s public works department.

(Ord. 2003-21 § 2 (part), 2003).

16.19.170 RIGHT OF ENTRY FOR INSPECTION.

The city’s representative may demand inspection of a facility whenever the director or any authorized representative of the city wishes to ascertain whether an industrial or commercial facility or a property owner is complying with the purposes and requirements of this chapter or has cause to suspect that a nuisance exists in any person’s property.

(a)    If a property owner or occupant shall refuse or delay entry to the city’s representative, such refusal or delay shall constitute a misdemeanor:

(1)    Persons or occupants of premises from where urban runoff is generated or discharged shall allow the city’s representative ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling and in the performance of any of their duties.

(2)    The city shall have the right to set up on the property in question such equipment as is necessary to conduct sampling or metering of urban runoff flows. The owner shall not tamper with, alter or damage any equipment used by the city for the purposes of inspection or monitoring.

(3)    Where the discharger has security measures in force that would require proper identification and clearance before entry into the premises, the discharger shall make necessary arrangements with the security guards so that, upon the presentation of suitable identification, city personnel will be permitted to enter without delay for the purpose of performing inspection activities.

(Ord. 2003-21 § 2 (part), 2003).

16.19.180 SUMMARY ABATEMENT OF NUISANCES.

Whenever the director of public works or any duly authorized representative of the city finds that a nuisance exists that is an actual and current menace to public health and safety, that person may summarily abate the same as set forth herein. All costs associated with abatement, including enforcement and inspection costs, will be charged to the responsible party who shall be liable to the city therefor.

(a)    If any user discharges or threatens to discharge any pollutant to the city’s storm drain system, and if such discharge presents or would present an imminent or substantial endangerment to the health or welfare of persons or to the environment, and if the director determines that immediate action is necessary to terminate or prevent such discharge, the director may issue an order that such discharge be terminated or prevented immediately. Such order shall be personally served upon any person in charge or apparently in charge of the premises of the user, and shall be effective as soon as it is so served.

(b)    If, after service of the order, the discharge is not immediately terminated or prevented, the director may then take any steps that may be appropriate or necessary to terminate or prevent the discharge as quickly as possible, including severance or blockage of the user’s facilities from the city’s storm drain system, or any other steps that may be appropriate under the circumstances. The cost and expenses so incurred by the city shall be paid by the user upon presentation by the city of an invoice and demand for payment. If not paid within sixty days, said amounts shall become a lien on the property and shall be collected at the same time and in the same manner as local real property taxes. The city council may take any steps, including the holding of any hearings and the adoption of any resolutions, necessary to perfect such lien.

(c)    The decision made by the director that costs shall be charged to the user or that there shall be a lien upon the property may be appealed to the city council in accordance with the provisions of Chapter 1.16 of the Santa Cruz Municipal Code.

(d)    Any user may seek review of any action by or decision of the director to terminate, block, or sever the user’s facilities from the city’s storm drain system under this paragraph within forty-eight hours of the action or decision. The city manager of his/her designee shall hold an informal hearing to determine whether there was sufficient cause for the action taken. The director and user and any other interested person shall have an opportunity to present evidence and other information. The decision of the city manager shall be final.

(e)    As an alternative to the nuisance abatement procedure set forth in subsection (a), the director of public works or the director’s representative may elect to abate the nuisance and recover costs in accordance with nuisance abatement and summary nuisance abatement procedures outlined in Title 4 of this code.

(Ord. 2003-21 § 2 (part), 2003).

16.19.190 ADMINISTRATIVE REMEDIES.

(a)    Notice of Violation and Citation. Whenever the director or the director’s representative finds that any person has violated or is violating any provision, limitation or requirement set forth in this chapter, he or she may serve upon such person a written notice stating the nature of the violation, provide a reasonable time not to exceed thirty days for the satisfactory correction thereof.

(1)    The written notice of violation may assess civil penalties up to a maximum of two thousand five hundred dollars per day for each violation of this chapter.

(2)    The written notice of violation may additionally include monetary assessments to reimburse the city for any costs incurred by the city related to any violation status inspection, surveillance, sampling, laboratory analysis, and administration.

(3)    A notice of violation assessing civil penalties or imposing any other monetary assessments may be appealed to the city council in accordance with the provisions of Chapter 1.16 of this code. The city council decision shall be final.

(b)    Show Cause Hearing.

(1)    If the violation is not timely corrected in accordance with the notice of violation or the city council decision on appeal, the director may order the violator to show cause before the city manager why an order should not be made directing the termination of service and imposing additional penalties for the noncompliance. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

(2)    The city manager or his/her designee shall:

(A)    Issue notices of hearings requesting the attendance and testimony of witnesses in the production of evidence relevant to any matter involved in such hearings.

(B)    Conduct the hearing.

(C)    Take evidence. Testimony must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public upon payment of the usual charges therefore.

(D)    Issue an order to the party responsible for the discharge directing that:

(i)    Following a specified time period, the right to discharge may be discontinued unless adequate measures have been implemented to provide for a discharge that meets the requirements of this chapter; and

(ii)    The violator pay a civil penalty for violating provisions of this chapter which may be up to two thousand five hundred dollars per day for each day of violation; and

(iii)    Such further orders and directives as are necessary and appropriate.

(3)    he decision of the city manager or city manager’s designee shall be final.

(c)    Emergency Termination of Discharge.

(1)    If any person discharges or threatens to discharge any pollutant to the city storm drain system, and if such discharge presents or would present an imminent threat of substantial endangerment to the health or welfare of persons or to the environment, and if the director determines that immediate action is necessary to terminate or prevent such discharges, the director may issue an order that such discharge be terminated or prevented immediately. Such order shall be personally served upon any person in charge or apparently in charge of the premises where the discharge originates and shall be effective as soon as it is so served.

(2)    If, after service of the order, the discharge is not immediately terminated or prevented, then the director may take any steps that may be appropriate or necessary to terminate or prevent the discharge as quickly as possible, including severance or blockage of discharge and/or illicit connection from the city’s storm water system, or any other steps that may be appropriate under the circumstances. The cost and expenses so incurred by the city shall be paid by the responsible party upon presentation by the city of an invoice and demand for payment. If not paid within sixty days, said amounts shall become a lien on the property and shall be collected at the same time and in the same manner as local real property taxes. The city council may take any steps, including the holding of any hearings and the adoption of any resolutions, necessary to perfect such a lien.

(3)    Any action taken or decision made by the director under this subsection, including the determination that costs shall be charged to the responsible party or that there shall be a lien upon the property, may be appealed to the city council in accordance with the provisions of Chapter 1.16 of this code.

(4)    Any discharger may seek review of any action by or decision of the director to terminate, block or sever the discharge from the city’s storm water system under this paragraph within forty-eight hours of the action or decision. The city manager or his/her designee shall hold an informal hearing to determine whether there was sufficient cause for the action taken. The director and the discharger and any other interested person shall have an opportunity to present evidence and other information. The decision of the city manager may be appealed to the city council in accordance with the provisions of Chapter 1.16 of this code.

(d)    As an alternative to the administrative enforcement procedures set forth in subsections (a) and (b), the director of public works or the director’s representative may elect to administratively enforce the provisions of this chapter pursuant to the administrative enforcement procedures outlined in Title 4 of this code.

(Ord. 2003-21 § 2 (part), 2003).

16.19.195 ALTERNATIVE ADMINISTRATIVE ENFORCEMENT.

As an alternative to the administrative enforcement procedures and remedies delineated in Section 16.19.190, the director or director’s representative may elect to administratively prosecute violations of this chapter in accordance with the procedures delineated in the City of Santa Cruz Environmental Compliance Program Enforcement Response Plan (the “enforcement response plan”) promulgated and adopted by the city pursuant to statutory requirements set forth in the federal Water Pollution Control Act as amended by the Clean Water Act of 1977 and the California Water Code. A copy of said enforcement response plan will be maintained for public inspection in the main office of the city’s public works department.

(Ord. 2004-20 § 1, 2004).

16.19.200 JUDICIAL REMEDIES – CIVIL/CRIMINAL.

(a)    Civil Remedies. If any person violates (1) the provisions of this chapter, (2) any order of the city council or city manager issued pursuant to this chapter, or (3) any wastewater discharge permit condition imposed pursuant to this chapter, the city attorney may commence an action for appropriate legal and/or equitable relief, in any appropriate court. In such an action, the city Attorney may seek all appropriate judicial relief including, but not limited to, injunctive relief and damages in the minimum of two thousand five hundred dollars per violation per day.

(b)    Criminal Liability. Any person who violates any provision of this chapter, any order of the city council or city manager issued pursuant to this chapter, or any permit condition imposed pursuant to this chapter shall be guilty of an infraction. Any person who discharges any thing or substance into the city’s storm drain system in violation of the provisions of this chapter or an order of the city council or city manager, and who thereafter, after having been notified by the director of such violation, continues to allow such discharge, shall be guilty of a misdemeanor. The city may seek criminal penalties and incarceration in the maximum amount prescribed by the California Penal Code for infractions and misdemeanors.

(c)    Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.

(d)    Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the enforcement of this chapter pursuant to Title 4 of this code or pursuant to any other state or federal statutory or common law right to such relief.

(e)    Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive.

(Ord. 2003-21 § 2 (part), 2003).

16.19.205 APPEALS.

(a)    Except as set forth in subsection (h), any decision, interpretation, order or other action taken by public works department staff in connection with the enforcement of this chapter and the administration of the city’s NPDES permit may be appealed to the director.

(b)    The appeal must be filed within ten days of the subject decision, interpretation, order or other action of public works department staff. If the final day for filing an appeal occurs on a weekend day or holiday, the filing date shall be extended to the next following work day.

(c)    The written appeal shall specify the decision, interpretation, order or other action which is being appealed, the public works department staff member who made the decision, interpretation, order or other action, and the legal and/or technical basis upon which the appellant contends that the decision, interpretation, order or other action was made in error.

(d)    Within five working days of receiving the appeal, the director shall notify the appellant of the date upon which the appeal will be heard by the director. The appeal shall be heard by the director no later than fourteen working days after the director’s receipt of the written appeal.

(e)    In lieu of an appeal hearing, the appellant may notify the director that the appellant’s appeal is being submitted on the basis of the appeal letter and any documentation submitted by the appellant in support of the appeal accompanying the appeal letter.

(f)    Within five working days of the conclusion of the appeal hearing, or the submittal of the appeal letter if the appeal is submitted on the basis of the appeal letter and accompanying documentation, the director shall issue a decision upholding or denying the appeal and, as necessary, issuing a decision, interpretation, order or other action superseding that upon which the appeal was based.

(g)    The decision of the director shall be final.

(h)    Notwithstanding the provisions of this section, appeals of decisions, interpretations, orders or other actions taken by the city pursuant to Sections 16.19.180 and 16.19.190 shall continue to be prosecuted under, and governed by, the provisions of those particular code sections addressing appeals.

(Ord. 2006-21 § 1, 2006).

16.19.210 CONFLICTS WITH OTHER CODE SECTIONS.

The provisions of this chapter shall control over any inconsistent or conflicting provision of this code.

(Ord. 2003-21 § 2 (part), 2003).

16.19.220 SEVERABILITY.

If any portion of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, and the application of such provisions to other persons or circumstances, shall not be effected thereby.

(Ord. 2003-21 § 2 (part), 2003).