CHAPTER 31.5 (3387, 05/07)
STORM WATER MANAGEMENT Revised 3/14

Article 1.    Storm Water Management Utility

§ 31.5-1.    Utility created.

§ 31.5-2.    Management of system.

§ 31.5-3.    Fees; Collection.

Article 2.    Urban Storm Water Quality Management and Discharge Control

Division I - Title, Purpose and General Provisions

§ 31.5-4.    Title.

§ 31.5-5.    Purpose and Intent. Revised 3/14

§ 31.5-6.    Definitions. Revised 3/14

§ 31.5-7.    Applicability and Effective Dates. Revised 3/14

§ 31.5-8.    Responsibility for Administration.

§ 31.5-9.    Severability.

§ 31.5-10.    Regulatory Consistency.

§ 31.5-11.    Ultimate Responsibility of Discharger.

Division II - Discharge Prohibitions

§ 31.5-12.    Prohibition of Illegal Discharges.

§ 31.5-13.    Prohibition of Illicit connections.

§ 31.5-14.    Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.

Division III - Regulations and Requirements

§ 31.5-15.    Requirement to Prevent, Control and Reduce Storm Water Pollutants. Revised 3/14

§ 31.5-16.    Requirement to Eliminate Illegal Discharges.

§ 31.5-17.    Requirement to Eliminate or Secure Approval for Illicit Connections.

§ 31.5-18.    Watercourse Protection.

§ 31.5-19.    Requirement to Remediate.

§ 31.5-20.    Requirement to Monitor and Analyze.

§ 31.5-21.    Notification of Spills.

Division IV - Inspection and Monitoring

§ 31.5-22.    Authority to Inspect.

§ 31.5-23.    Authority to Sample, Establish Sampling Devices, and Test.

Division V - Enforcement

§ 31.5-24.    Enforcement and Administration.

§ 31.5-25.    Urgency Abatement.

§ 31.5-26.    Compensatory Action.

§ 31.5-27.    Violations Deemed a Public Nuisance.

§ 31.5-28.    Acts Potentially Resulting in a Violation of the Federal Clean Water Act and/or California Port-Cologne Act.

§ 31.5-29.    Civil Penalties To Be Deposited In the Storm Water Utility Fund

ARTICLE 1 - STORM WATER MANAGEMENT UTILITY

Sec. 31.5-1. Utility created.

A Storm Water Management Utility is created as a City enterprise and utility to operate, maintain, and fund the City’s storm and surface drainage system. The purpose of this utility includes, but is not limited to, permitting, maintenance, planning, design, construction, regulation, surveying, water quality testing, and inspection relating to storm and surface water management facilities.

Sec. 31.5-2. Management of system.

(a) The Public Works Director as defined in Section 38-11 shall act as director of the Utility and shall be responsible for administering and managing the operations of the storm and surface water management system in accordance with the provisions of management programs adopted by the City Council.

(b) The City Council may adopt a storm and surface water management program or regulations to facilitate operation of the Utility. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 31.5-3. Fees; Collection.

(a) The City Council may establish a Storm Water Management Utility fee to be imposed upon users of the storm water drainage system, with the basis and amount of the fee to be established by Resolution. The purpose of the fee is to provide for the costs and expense of improving the water quality of storm and surface water runoff, maintaining and operating storm and surface water control facilities, the costs of planning, permitting, designing, establishing, acquiring, developing, constructing, or improving storm and surface water management facilities or improvements, or to pay or secure the payment of any indebtedness incurred for such purpose.

(b) Collection. Any fee imposed pursuant to this Chapter shall be collected by the Finance Director in accordance with provisions set forth in the Resolution establishing the basis and amount of the fee. The fees may be collected directly from users, or the collection may be contracted to other public or private utilities for collection in conjunction with their utility bills.

ARTICLE 2 - URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL

Division I - Title, Purpose and General Provisions.

Section 31.5-4. Title.

This Article shall be known as the “Urban Storm Water Quality Management and Discharge Control Ordinance” of the City of Monterey and may be so cited.

Section 31.5-5. Purpose and Intent. Revised 3/14

The purpose and intent of this Article is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of waters of the state and waters of the United States, and protect water bodies in a manner pursuant to and consistent with the Clean Water Act Section 402(p)(6), Porter-Cologne Water Quality Control Act (California Water Code §13000 et seq.), State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (General Permit), Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032 Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, and per subsequent amendments thereto, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system. (Ord. 3493 § 2, 2014)

Section 31.5-6. Definitions. Revised 3/14

The terms used in this Article shall have the following meanings:

(a) Best Management Practices (“BMPs”). Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the municipal storm drain system and waters of the state or U.S. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants. Please refer to the NPDES General Permit for specific regulatory requirements.

(b) City. The City of Monterey.

(c) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), and any subsequent amendments thereto.

(d) Commercial Activity. Any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.

(e) Construction Sites. Sites where activities, including but are not limited to, clearing and grubbing, grading, excavating, demolition, new construction, reconstruction, additions or remodeling of any structure or property are being performed.

(f) Contamination. Contamination is as defined in California Water Code §13050(k).

(g) Discharge. Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.

(h) Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (49 CFR §105).

(i) Illegal Discharge. Any direct or indirect non-storm water discharge to the Storm Drain System, except as exempted in §31.5-12 of this chapter.

(j) Illicit Connection. An illicit connection is defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Storm Drain System including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the Storm Drain System and any connections to the Storm Drain System from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the Storm Drain System which has not been documented in plans, maps, or equivalent records and approved by the City.

(k) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

(l) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits. General, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The State Water Resources Control Board and Central Coast Regional Water Quality Control Board (hereinafter, Regional Board) have adopted general storm water discharge permits, including but not limited to Municipal General Permits, Construction General Permit and Industrial General Permit.

(m) Non-Storm Water Discharge. Any discharge to the Storm Drain System that is not composed entirely of storm water.

(n) Nuisance. Meaning ascribed to nuisance by California Water Code § 13050(m).

(o) Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

(p) Pollution. Alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. Pollution also includes Contamination. (California Water Code §13050(l)(1)).

(q) Porter-Cologne Act. The Porter-Cologne Water Quality Control Act and as amended (California Water Code §13000 et seq.).

(r) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(s) Remediation. The abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.

(t) Storm Drain System. Publicly-owned facilities operated by the City by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR §403.3(q).

(u) Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from precipitation.

(v) Waters of the State (“waters of the state”). Surface watercourses and water bodies as defined at California Water Code §13050. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(w) Waters of the United States (“waters of the U.S.”). Per 40 Code of Federal Regulations 230.3(s) and as amended thereto, waters of the U.S. generally include:

1. 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;

2. All interstate waters including interstate wetlands;

3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; or, from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are used or could be used for industrial purposes by industries in interstate commerce;

4. All impoundments of waters otherwise defined as waters of the United States under this definition;

5. Tributaries of waters identified in subsections (w)(1) through (4) of this section;

6. The territorial sea; and

7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (w)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. (Ord. 3493 §§ 3, 4, 5, 2014)

Section 31.5-7. Applicability and Effective Dates. Revised 3/14

This Article, including any amendments or revisions thereto, shall apply to all water entering the storm drain system generated on or flowing over any developed and undeveloped land lying within the City of Monterey.

The provisions and requirements of this Article shall become effective upon its adoption by the City Council, except that:

(a)    The provisions and requirements pertaining to construction sites as described in Section 31.5-15(c) and in the NPDES General Permit shall not become effective until September 8, 2007; and

(b)    The provisions and requirements pertaining to new development and redevelopment, as described in Section 31.5-15(b) and in the NPDES General Permit shall not become effective until September 8, 2008. In addition, the provisions and requirements pertaining to new development and redevelopment as mandated by Regional Board Resolution No. R3-2013-0032 shall not become effective until March 6, 2014. (Ord. 3493 § 6, 2014)

Section 31.5-8. Responsibility for Administration.

The Director of Plans, Engineering, and Environmental Compliance for the City (“Director”) shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the Director may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the City.

Section 31.5-9. Severability.

The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article.

Section 31.5-10. Regulatory Consistency.

This Article shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any amendments thereto, or any applicable implementing regulations.

Section 31.5-11. Ultimate Responsibility of Discharger.

The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the state caused by said person. This Article shall not create liability on the part of the City, or any agent or employee thereof for any damages that result from any discharger’s reliance on this Article or any administrative decision lawfully made thereunder.

Division II - Discharge Prohibitions.

Section 31.5-12. Prohibition of Illegal Discharges.

No person or entity shall discharge or cause to be discharged into the municipal Storm Drain System or waters of the state. any materials, including but not limited to Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

(a) Illegal discharges from industrial and/or commercial sources into the Storm Drain System or waters of the state. include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit, or as allowed by the proper application of BMPs adopted by the City.

i)    Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities.

ii)    Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial activities.

iii)    Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners (Individual private vehicle washing is exempt per §31.5-12(b)).

iv)    Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops.

v)    Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning.

vi)    Vehicle fluids.

vii)    Mat wash and hood cleaning water from food service facilities.

viii)    Food and kitchen cleaning water from food service facilities.

ix)    Leakage from dumpsters or trash containers.

x)    Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained.

xi)    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.

xii)    Wastewater or cleaning fluids from carpet cleaning.

xiii)    Swimming pool and spa water;

xiv)    Wash out from concrete trucks;

xv)    Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed by §31.5-14.

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

xvii)    Construction debris, such as, but not limited to, paint, dirt, and wash water.

xviii)    Sewage or other forms of pollutants from recreational activities including boating and camping, and from recreational vehicles and boats.

The commencement, conduct or continuance of any illegal discharge to the Storm Drain System is prohibited except as described as follows:

(b) Discharges from the following sources will not be considered a source of Pollutants to the Storm Drain System and to waters of the state when properly managed to ensure that no potential Pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this ordinance: potable water line flushing; pumped groundwater not containing Pollutants and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration (as defined at 40 CFR § 35.2005(20)) not containing Pollutants; foundation and footing drains not containing Pollutants; water from crawl space pumps not containing Pollutants; air conditioning condensation; non-industrial roof drains not containing Pollutants; springs; individual private vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and flows from fire fighting.

(c) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City of Monterey for any discharge to the Storm Drain System.

(d) With written concurrence of the Regional Board, the City may exempt in writing other non-storm water discharges which are not a source of pollutants to the Storm Drain System or waters of the state.

Section 31.5-13. Prohibition of Illicit Connections.

(a) The construction, use, maintenance or continued existence of illicit connections to the Storm Drain System is prohibited.

(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

Section 31.5-14. Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.

Any person subject to an Industrial or Construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

Division III - Regulations and Requirements.

Section 31.5-15. Requirement to Prevent, Control, and Reduce Storm Water Pollutants. Revised 3/14

(a) Authorization to Adopt and Impose Best Management Practices. The City may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, waters of the state or U.S. Where BMPs requirements are promulgated by the City or any Federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

The Director will periodically report to the City Council on the status of implementation of existing BMP regulations and any new BMP regulations to be developed for inclusion in the NPDES General Permit.

(b) New Development and Redevelopment. The City shall require any owner or person developing real property to identify appropriate BMPs to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects required by the NPDES General Permit, Regional Board Resolution No. R3-2013-0032, and per subsequent amendments thereto, to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and/or construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required in this Article, the NPDES General Permit and as amended thereto, and the City Storm Water Utility Ordinance, Chapter 31.5, Article 1.

These requirements may include a combination of structural and non-structural BMPs, and shall include requirements to ensure the proper long-term operation and maintenance of these BMPs, including but not limited to an agreement with the City to perform regular inspections, maintenance and annual documentation of these activities, as well as provide for right of entry by City staff or designee to ensure compliance with the requirements of this Article or enforcement with any provision of this Article or the NPDES General Permit.

(c) Construction Sites. BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the NPDES General Permit and as amended thereto.

(d) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a), (b) and (c) of this section, any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the state or U.S. shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system, or waters of the state or U.S. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense. (Ord. 3493 § 7, 2014)

Section 31.5-16. Requirement to Eliminate Illegal Discharges.

Notwithstanding the requirements of §31.5-22 herein, the Director may require by written notice that a person or entity responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

Section 31.5-17. Requirement to Eliminate or Secure Approval for Illicit Connections.

(a) The Director may require by written notice that a person or entity responsible for an illicit connection to the Storm Drain System comply with the requirements of this Article to eliminate or secure approval for the illicit connection by a specified date, regardless of whether the connection or discharges had been established or approved prior to the effective date of this Article.

(b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person or entity can demonstrate that an illegal discharge will no longer occur, said person or entity may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible party’s expense.

Section 31.5-18. Watercourse Protection.

Every person or entity owning property through which a watercourse passes, or such owner’s lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or such owner’s lessee, shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

Section 31.5-19. Requirement to Remediate.

Whenever the Director finds that a discharge of Pollutants is taking place or has occurred which will result in or has resulted in Pollution of Storm Water, the Storm Drain System, or water of the U.S., the Public Works Director may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of §§31.5-24 through 31.5-26 below. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Section 31.5-20. Requirement to Monitor and Analyze.

The Director may require by written notice that any person or entity engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the Storm Drain System or waters of the state, to undertake at said person’s or entity’s expense such monitoring and analyses and furnish such reports to the City of Monterey as deemed necessary to determine compliance with this Article.

Section 31.5-21. Notification of Spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the Storm Drain System, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the City’s Department of Plans and Public Works in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City’s Engineering Division, Plans and Public Works Department, within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 3424 § 1, 2009)

Division IV - Inspection and Monitoring.

Section 31.5-22. Authority to Inspect.

Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Section 31.5-23. Authority to Sample, Establish Sampling Devices, and Test.

During any inspection as provided herein, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Division V - Enforcement.

Section 31.5-24. Enforcement and Administration

Violations of this Article may be remedied using the procedures set forth in Article 2 of Chapter 1 of the Monterey City Code, known as the Administrative Remedies Ordinance. These remedies include the issuance of Administrative Citations (Monterey City Code § 1-9 et seq.) and utilization of the Administrative Orders process (Monterey City Code § 1-10 et seq.). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violations of this Article. In addition, the Director may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

(c) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

(d) The implementation of source control or treatment BMPs.

Section 31.5-25 Urgency Abatement.

The Director is authorized to require immediate abatement of any violation of this Article that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the City of Monterey 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 of Monterey shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this Article.

Section 31.5-26. Compensatory Action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

Section 31.5-27. Violations Deemed a Public Nuisance

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.

Section 31.5-28. 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 Article or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties.Any enforcement action authorized under this Article shall also include written notice to the violator of such potential liability.

Section 31.5-29. Civil Penalties To Be Deposited In the Storm Water Utility Fund

Any civil penalties collected by the City as a result of violations of this Chapter shall be deposited in the Storm Water Utility Fund.