Division IV. Storm Water

Chapter 15.64
STORM WATER MANAGEMENT AND DISCHARGE CONTROL

Sections:

15.64.010    Purpose.

15.64.020    Definitions.

15.64.030    Responsibility for administration.

15.64.040    Construction and application.

15.64.050    Taking.

15.64.060    Discharge of pollutants.

15.64.070    Discharge in violation of permit.

15.64.080    Illicit discharge and illicit connections.

15.64.090    Best management practices and standards.

15.64.100    Tourtelot cleanup project.

15.64.110    Watercourse protection.

15.64.120    Authority to inspect.

15.64.130    Violations constituting misdemeanors.

15.64.140    Penalty for violation.

15.64.150    Continuing violation.

15.64.160    Concealment.

15.64.170    Acts potentially resulting in violation of federal Clean Water Act and/or Porter-Cologne Act.

15.64.180    Violations deemed a public nuisance.

15.64.190    California Code of Civil Procedure Section 1094.6.

15.64.200    Civil actions.

15.64.210    Administrative enforcement powers.

15.64.220    Remedies not exclusive.

15.64.230    Coordination with hazardous materials inventory and response program.

15.64.010 Purpose.

The city council finds as follows:

A. The intent of this chapter is to protect and enhance the water quality in the city of Benicia’s watercourses pursuant to, and consistent with, the Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.), the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and with the goals of the city of Benicia general plan including:

Goal 2.38:	Protect water quality.
Goal 3.22:	Preserve water bodies.
Goal 3.24:	Protect watersheds.
Goal 4:12:	Accommodate runoff from existing and future development.
Goal 4.14:	Prevent ground and surface water contamination.

B. This chapter also carries out the conditions in the city’s National Pollutant Discharge Elimination System (NPDES) permit that require, effective upon adoption of this chapter, implementation of appropriate source control and site design measures and storm water treatment measures for projects that create or replace one acre or more of impervious surface, and that, effective January 1, 2008, reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface.

C. It is the purpose of the city council in enacting this chapter to ensure the future health, safety, and general welfare of city of Benicia residents and acting in accordance with the precepts of the general plan by:

1. Eliminating non-storm water discharges to the municipal separate storm drain.

2. Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than storm water.

3. Reducing pollutants in storm water discharges to waters of the United States to the maximum extent practicable.

4. Complying with applicable state and federal laws.

5. Minimizing increases in nonpoint source pollution caused by storm water runoff from development that would otherwise degrade local water quality.

6. Reducing storm water runoff rates and volumes and nonpoint source pollution whenever possible, through storm water management controls and ensuring that these management controls are properly maintained and pose no threat to public safety. (Ord. 06-14 § 1).

15.64.020 Definitions.

The following words and phrases when used in this chapter shall be as defined herein. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:

A. “Authorized enforcement official” is the city engineer and those individuals designated by the city engineer as authorized enforcement officials.

B. “Best management practices (BMPs)” are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the city or state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage. BMPs are for construction and post-construction storm water controls.

C. “City storm drain system” includes but is not limited to those facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, drainage inlets, curbs, gutters, ditches, manmade open channels or culverts and pipes, which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Part 122.2.

D. “Development runoff requirements” shall mean the provisions in the city’s Storm Water Phase II Final Rule that contains performance standards to address both construction and post-construction phase impacts of new projects and redevelopment projects on storm water quality.

E. “Discharge” is the release of all fluids, solids, flowing substances, liquids, or any other substance to the city’s storm water system.

F. “Illicit discharge” is any discharge to the city storm water system that is not composed entirely of storm water except discharges exempted in BMC 15.64.060(C).

G. “NPDES permit” is a general permit for the discharge of storm water from small agencies (WQ Order No. 2003-0005-DWQ) to provide permit coverage for smaller municipalities, including nontraditional small agencies, which are governmental facilities such as military bases, public campuses, and prison and hospital complexes.

H. “Non-storm water discharge” is any discharge to a storm sewer system that is not composed entirely of storm water except discharges resulting from fire fighting activities.

I. “Notice of intent (NOI)” is a form required by the State Water Resources Control Board which consists of a notice of intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 93-08-DWQ).

J. “Premises” are any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

K. “Pollutant” is any material other than storm water including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, acidity, temperature, chemical waste, biological materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or storm water system, that is discharged to or placed within the storm water.

L. “Responsible person” shall mean the owner or occupant of any premises or who engages in any activity from which there is or may be a non-storm water discharge or any person who releases pollutants to the city’s storm water system.

M. “Storm water” means storm water runoff and surface runoff and drainage. It excludes infiltration and runoff from agricultural land.

N. “Storm water control plan” shall mean a plan that meets the criteria stated in the city’s New and Redevelopment Project Application Guidance.

O. “Storm water pollution prevention plan (SWPPP)” is a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. A SWPPP is required for sites greater than one acre or from a site that results in a land disturbance of less than one acre, but is part of a larger common plan and is part of the State Water Resources Control Board’s General Construction Activity Storm Water Permit or the federal National Pollution Discharge Elimination System (NPDES) storm water discharge regulations. The SWPPP must include BMPs which address prevention and control of erosion and sediment.

P. “Watercourse” is any channel, ditch, drainage swale, closed pipe system, whether manmade or natural, that collects and transports runoff.

Q. “Waters of the United States” are all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide as defined in 33 CFR Part 328. (Ord. 06-14 § 1).

15.64.030 Responsibility for administration.

This chapter shall be administered for the city by the city engineer. (Ord. 06-14 § 1).

15.64.040 Construction and application.

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations. Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit is subject to the development runoff requirements in the city’s NPDES permit and shall be accompanied by a storm water control plan that meets the city’s Project Application Guidance. (Ord. 06-14 § 1).

15.64.050 Taking.

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then pursuant to this chapter the city council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in BMC 15.64.010. (Ord. 06-14 § 1).

15.64.060 Discharge of pollutants.

A. The discharge of non-storm water discharges to the city storm water system is prohibited. All discharges of material other than storm water must be in compliance with this chapter, state and federal regulations and authorized by the city engineer.

B. The discharge of storm water from premises or an activity that causes or contributes to a violation of receiving water limitations in the city’s NPDES permit is prohibited.

C. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection (A) of this section:

1. The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

2. The prohibition shall also not apply to flows from riparian habitats and wetlands, diverted stream flows, springs, rising groundwater and uncontaminated groundwater infiltration.

3. The following discharges are exempt from the prohibitions set forth in subsection (A) of this section if the Regional Water Quality Control Board approves the exempted category under section D.2.c.6 of the city’s NPDES permit: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, natural springs, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and accordingly are not subject to the prohibition on discharges. (Ord. 06-14 § 1).

15.64.070 Discharge in violation of permit.

Any discharge that would result in a contribution to a violation of NPDES Permit, WQ Order No. 93-08-DWQ and any amendment or reissuance thereof either separately considered or when combined with other discharge is prohibited. Any non-storm water discharge not within the confines of this chapter and/or not approved by the city engineer is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge. (Ord. 06-14 § 1).

15.64.080 Illicit discharge and illicit connections.

A. It is prohibited to establish, use, maintain, or continue illicit drainage connections to the city storm water system, and to commence or continue any illicit discharges to the city storm water system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

B. Persons found to be in violation of this section shall be responsible for removing the illicit drainage connection in a manner acceptable to and approved by the city.

C. No discharge shall cause the following conditions, create a nuisance or adversely affect beneficial uses of waters of the state:

1. Floating, suspended or deposited macroscopic matter or foam;

2. Bottom deposits or aquatic growth;

3. Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;

4. Visible, floating, suspended or deposited oil or products of petroleum origin; or

5. Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption. (Ord. 06-14 § 1).

15.64.090 Best management practices and standards.

Any person engaged in activities that will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. The following minimal requirements shall apply:

A. Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, drain inlet, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.

B. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city of Benicia in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage, trash or green waste.

C. Standard for Parking Lots and Similar Uses. Persons owning or operating private streets, a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm water system.

D. Best Management Practices for Construction of New Developments and Redevelopments. All construction contractors performing work shall use the best available technology (BAT) and best conventional technology (BCT). Construction contractors shall implement appropriate best management practices such as the Caltrans Construction Site Best Management Practices, current revision, the Association of Bay Area Governments (ABAG) Manual of Erosion and Sediment Control Measures, California Storm Water Quality Association Best Management Practices, the city’s grading and erosion control ordinance and other generally accepted engineering practices for control of potential pollutants, construction site waste and erosion as required by the city engineer when undertaking grading activities. The city engineer may establish controls on the rate of storm water runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.

All construction contractors and developers shall also comply with the provisions of Chapter 15.28 BMC, including the preparation of a storm water pollution prevention plan.

Design measures shall be used that minimize surface runoff from the post construction site and which eliminate direct connections from impervious surfaces to the city watercourses.

All developers shall comply with the city of Benicia engineering design standards in site design, source control and treatment control BMPs. In the design of drainage facilities, it is the intent of this chapter that there shall be no net increase in peak flow rates in the post construction condition. The city engineer may grant an exception to this requirement providing that new downstream conveyance installations and/or improvements, and treatment facilities remove pollutants to the maximum extent practicable. Developers shall provide appropriate measures described in the plan and acceptable to the city to ensure long-term operation and maintenance of structural BMPs before a certificate of occupancy is issued. Where appropriate and necessary, developers shall provide access rights to vector control agencies.

E. Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges.

Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.

F. Development Runoff Requirements. For each new development and redevelopment project subject to the development runoff requirements, every applicant will submit a storm water control plan and implement conditions of approval that reduce storm water pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.

G. Compliance with Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the city engineer.

H. Storm Water Pollution Prevention Plan. The city engineer may require any business or utility in the city that is engaged in activities which may result in any discharges, lawful or otherwise, to develop and implement a storm water pollution prevention plan (SWPPP), which must include maintenance, storage, manufacturing, assembly, equipment storage, vehicle loading, fueling, vehicle maintenance, food handling or processing or cleanup procedure that is carried out partially or wholly out of doors.

A SWPPP is required from all construction contractors for sites that have a land disturbance of one acre or more, or that is less than one acre but is part of a larger common plan and is part of the state Water Resources Control Board’s General Construction Activity Storm Water Permit or the federal National Pollution Discharge Elimination System (NPDES) storm water discharge regulations. Such SWPPP must include BMPs which address prevention and control of erosion and sediment.

All other projects must prepare erosion and sedimentation control plans as required by Chapter 15.28 BMC.

I. Coordination with Hazardous Materials Release Response and Inventory Plans. Any business subject to Hazardous Material Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include, in that plan, provision for compliance with this chapter, including the prohibition of non-storm water discharges and the requirement to reduce release of pollutants to the maximum extent practicable. (Ord. 06-14 § 1).

15.64.100 Tourtelot cleanup project.

The Tourtelot cleanup project area consists of approximately 220 acres of the former Benicia Arsenal, north of Rose Drive and west of East 2nd Street. The site was used from 1944 to 1960 as part of the Benicia Arsenal. The site was known to contain ordnance and explosives and has been subject to a cleanup project. Because of various methods of detection and cleanup used on the site, areas of the site are subject to specific controls. Some areas are under the restriction of filing a plan for any work below grade. Other areas of the site also require the submittal of approved procedures prepared by a licensed engineer and observed by representatives of the State of California Division of Toxic Substances Control. No new discharges of any type or alteration of any existing discharge are allowed into the Tourtelot site without compliance with restrictions contained in the Tourtelot site contingency action plans and the operation and maintenance plan which are further cited in Chapter 15.28 BMC, Grading and Erosion Control. (Ord. 06-14 § 1).

15.64.110 Watercourse protection.

A. Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; 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; and shall not remove healthy bank vegetation beyond that actually necessary for maintenance, and not remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

B. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city engineer:

1. Discharge into or connect any pipe or channel to a watercourse;

2. Modify the natural flow of water in a watercourse;

3. Carry out development within the greater of 30 feet of the center line of any creek or 25 feet of the top of a bank wherein the “top of bank” is defined as the flatter of the actual top of bank or a projected top of bank from the toe of slope at 2 horizontal to 1 vertical bank slope;

4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm waters passing through such watercourse. (Ord. 06-14 § 1).

15.64.120 Authority to inspect.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the enforcement official by this chapter; provided, that (i) if such building or premises be occupied, the enforcement official shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, the enforcement official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm sewer system, or similar factors.

A. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

B. Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility have a responsibility to train facility personnel and maintain notification procedures to ensure that 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 water system.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste that may result in pollutants or non-storm water discharges entering the city storm water system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city of the occurrence by telephoning the city engineer during normal business hours and confirming the notification by correspondence. Outside of normal business hours telephone notice shall be made to the Benicia fire department.

The city will identify, document and respond to pretreatment violations in accordance with its enforcement response plan.

C. Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The recipient of such a request shall undertake and bear the cost of providing the monitoring, analysis and/or reports requested. (Ord. 06-14 § 1).

15.64.130 Violations constituting misdemeanors.

Unless otherwise specified by ordinance, the violation of any provision of this chapter or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. (Ord. 06-14 § 1).

15.64.140 Penalty for violation.

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision subsequent violations within a 12-month period may be charged as a misdemeanor. (Ord. 06-14 § 1).

15.64.150 Continuing violation.

Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided. (Ord. 06-14 § 1).

15.64.160 Concealment.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 06-14 § 1).

15.64.170 Acts potentially resulting in violation of federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability. (Ord. 06-14 § 1).

15.64.180 Violations deemed a public nuisance.

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 original conditions restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 06-14 § 1).

15.64.190 California Code of Civil Procedure Section 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter. (Ord. 06-14 § 1).

15.64.200 Civil actions.

In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction.

B. An action for an unlawful business practice pursuant to Business and Professions Code Section 17206;

C. Assessment of the violator 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.

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

E. 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 pollution control systems and/or implementing or enforcing the provisions of this chapter.

F. The cost of maintenance and repair of any BMP or storm water management facility that is not maintained in accordance with the guidebook or the storm water control plan. (Ord. 06-14 § 1).

15.64.210 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies.

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying: (1) comply with the requirement, (2) comply with a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm water system or a non-storm water discharge to the city storm drain system, the authorized enforcement official may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, metal cans, rubbish, refuse, waste or other material, in any manner that the enforcement official may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. (Ord. 06-14 § 1).

15.64.220 Remedies not exclusive.

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.

A. Appeal. Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer who is aggrieved by the decision of the authorized enforcement officer may appeal such decision to the city engineer within 10 days following the effective date of the decision by writing the city engineer in accordance with Chapter 1.44 BMC. Upon receipt of such request, the city engineer shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing within 14 days. At said hearing, the city engineer may hear additional evidence, and may reject, affirm or modify the authorized enforcement officer’s decision. Said decision shall be final unless appealed further in accordance with Chapter 1.44 BMC.

B. Disclaimer of Liability. The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 07-51 § 1; Ord. 06-14 § 1).

15.64.230 Coordination with hazardous materials inventory and response program.

The first revision of the business plan for any facility subject to the city’s hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-storm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable. (Ord. 06-14 § 1).