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HomeMy WebLinkAboutORD 1105ORD 1105pT3(Ì쨐 ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF BALDWIN PARK TO ADD CHAPTER 52 TO TITLE V PUBLIC WORKS" TO THE CODE OF ORDINANCES, TO IM'PROVE WATER QUALITY AND COMPLY WITH FEDERAL REQUIREMENTS ON THE CONTROL OF URBAN POLLUTANTS TO STORMWATER RUNOFF WHEREAS, the United States Congress passed the Clean Water Act as a mandate requiring, in part, that Cities in major metropolitan areas, such as Los Angeles County, obtain permits to effectively prohibit non-storm water discharges into the storm sewers" and require controls to reduce the discharge of pollutants to the maximum extent practicable... if This permitting authority has been delegated by the United States Environmental Protection Agency EPA") to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to California's waterways; WHEREAS, the Los Angeles Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements Stormwater/Urban Runoff Discharge for Los Angeles County and Permittees. Order No.90 079 NPDBS No. CA0061654 CI 6948) the Board Permit.") The Board Permit shall be refereed to herein as the National Pollution Discharge Elimination System Permit or NPDES Permit"; WHEREAS, the City of Baldwin Park is participating as a permittee" under the NPDES Permit in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act; WHEREAS, stormwater runoff is one step m the natural cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain elements, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the State of California and the Pacific Ocean; WHEREAS, the purpose of this Ordinance is to participate in the improvement of water quality and comply with federal requirements for the control of urban pollutants to storm water runoff, which enters the network of storm drains in Los Angeles County; WHEREAS, the City of Baldwin Park is authorized by Article x[, 5 and 7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity; WHEREAS, the City of Baldwin Park has determined that a legitimate local purpose is present in complying with the provisions of the NPDES Permit; BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 WHEREAS, a reduction in storm water borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region; WHEREAS, the land use authority exercised by the City of Baldwin Park, pursuant to California Government Code 65300 et Z, requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land; WHEREAS, this Ordinance conforms to the policies and goals of the General Plan adopted by the City of Baldwin Park, pursuant to California Planning and Zoning for the protection of the regional watershed by implementing measures to control erosion and prevent the pollution of streams and other waters; WHEREAS, certain provisions of this Ordinance may be appended to the Local Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public Resources Code 30607, as mitigation for the negative effects of grading, construction, reconstruction, and changes to the intensity of use of land or water resources within the coastal zone; WHEREAS, the Subdivision Map Act, California Government Code 66411, authorizes the City of Baldwin Park to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval; WHEREAS, California Constitution Article XI, 7 and Government Code 38660 authorize the City to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property; WHEREAS, Government Code 38771 authorizes the City to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same; WHEREAS, the NPDES Permit provides for the permittees, including the City of Baldwin Park, to enact legislation, as necessary, to regulate illegal discharges and illicit disposal practices to drainage facilities, and to prosecute violators; WHEREAS, the City of Baldwin Park may commence civil actions, pursuant to Federal Clean Water Act 505(a) title 33 U.S.C. 1365(a)), against any Person or any governmental agency acting in violation of any condition of the NPDES Permit; WHEREAS, all industrial dischargers subject to the provisions of the State General Industrial Stormwater Permit and General Construction Activity Stormwater Permit referred to collectively herein as the STATE General Permits") must comply with the lawful requirements of the City of Baldwin Park, which regulate discharges of storm water to the storm drain system within its jurisdiction; WHEREAS, all industrial dischargers subject to the provisions of the State General BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐Permits are required to maintain Stormwater Pollution Prevention Plans on-site and make them available to the City of Baldwin Park for inspection; WHEREAS, all dischargers subject to the provisions of the State General Construction Activity Storm water Permit may be required by the City of Baldwin Park, with the concurrence of the Los Angeles County or Regional Water Board, to amend any Stormwater Pollution Prevention Plan; WHEREAS, all industrial dischargers subject to the provisions of the State General Industrial Stormwater Permit are required to maintain a description of the required monitoring program on-site and make it available to the City of Baldwin Park for inspection; WHEREAS, the City of Baldwin Park has jurisdiction over certain storm water facilities and other watercourses within the City of Baldwin Park, and the water discharges into these facilities may be subject to the provisions of the State General Industrial Stormwater Permit; accordingly, the City may certify 1)ut is not required to certify) in writing that regulated dischargers have developed and implemented effective Stormwater Pollution Prevention Plans and should not be required to collect and analyze storm water samples for pollutants; WHEREAS, the City of Baldwin Park has jurisdiction over certain storm water facilities and other watercourses within the City of Baldwin Park, and these facilities may receive storm water discharges from properties and activities regulated under the provisions of the State General Permits, the City may request that the regulated dischargers furnish information and records necessary to determine compliance with the State General Permits; WHEREAS, the City of Baldwin Park has jurisdiction over certain storm water facilities and other watercourses within the City of Baldwin Park, and these facilities may receive storm water discharges from properties and activities regulated under the provisions of the State General Permits; the City may, upon presentation of credentials and other documents required by law, i) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the State General Permits, il) access and copy, at reasonable times, any records that must be kept under the conditions of the State General Permits, jii) inspect, at reasonable times, any facility or equipment related to or impacting storm water discharge, and iv) sample or monitor for the purpose of ensuring compliance with the State General Permits; WHEREAS, the enacting of this Ordinance is a condition of the NPDES Permit, the requirements of which are exempt from the California Environmental Quality Act pursuant to Public Resources Code 21000, et Z CEQA"); and WHEREAS, this Ordinance is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Tide 14, California Code of regulation Sections 15301, 15302,15303, 15304,15306,15307, 15308,15309,15321 and 15322; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ORDAIN as follows BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 SECTION 1. Chapter 52 is hereby added to Title V Public Works" to the Code of Ordinances of the City of Baldwin Park, and reads in its entirety as follows: CHAPTER 52: STORMWATER RUNOFF 52.01. DEFINITIONS. The following terms, as used in this Chapter, shall, unless the text clearly indicates otherwise, have the respective meanings herein set forth: AUTHORIZED INSPECTOR shall mean the Public Works Inspector, Engineering Supervisor, City Engineer or Director of Public Works hereinafter Director"), and persons designated and under the instruction and supervision of any of them, who are assigned to investigate compliance and detect violations of this Chapter. City shall mean the City of Baldwin Park, Los Angeles, California. CO-PERMITTEE shall mean the County of Los Angeles and/or any one of the municipalities, including the City of Baldwin Park, which are responsible for compliance with the terms of the NPDES Permit. DIRECTOR shall mean the Director of Public Works or his or her designated representative. DISCHARGE shall mean any release, spill, leak, pump, flow, escape, leaching including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance. DISCHARGE EXCEPTION shall mean the group of activities not restricted or prohibited by this Chapter, including only: Discharges composed entirely of storm water, discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency, discharges to the Stormwater Drainage System from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Stormwater Drainage System from leaks in joints or connections or cracks in water drainage pipes or conveyance systems), discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, non- commercial vehicle washing at residences, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 public street wash waters when related to cleaning and maintenance by, or on behalf of, the City and discharges authorized pursuant to federal or state laws or regulations. The Discharge Exception shall not include discharges resulting from active groundwater de watering systems. EFFECTIVE"E DATE shall mean thirty 30) days after the date of adoption of this Chapter. ENFORCING ATTORNEY shall mean the City Attorney or District Attorney acting as counsel to the City of Baldwin Park and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the Enforcing Attorney. EPA shall mean the Environmental Protection Agency of the United States. HEARING OFFICER shall mean the Director of Public Works or his/her designee, who shall preside at the administrative hearings authorized by this Chapter and issue final decisions on the matters raised therein. INVOICE FOR Cost shall mean the actual costs and expenses of the City incurred during any Inspection conducted pursuant to Section 52.04 of this Chapter, where a Notice of Noncompliance, Administrative Compliance Order or other enforcement option under Section 52.05 of this Chapter is utilized to obtain compliance with this Chapter. ILLICIT CONNECTION shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet, through which the Discharge of any Pollutant to the Stormwater Drainage System occurs or may occur. The term Illicit Connection shall not include legal Nonconforming Connections or connections to the Stormwater Drainage System that are herein after authorized by the agency with jurisdiction over the system at the location at which the connection is made. LEGAL NONCONFORMING CONNECTION shall mean connections to the Stormwater Drainage System existing as of the enactment of this Chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of a sewer connection permit issued pursuant to Chapter 51 of Title V of this Code. NEW DEVELOPMENT shall mean all public and private residential whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non- residential construction projects, or mass grading for future construction, for which either a discretionary land use permit or grading permit or building and safety permit is required. NPDES PERMIT shall mean the municipal discharge permit issued by the Los Angeles BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐Regional Water Quality Control Board and entitled Stormwater/Urban Runoff Discharge for Ii)s An£else County and Co-Permittees Order No.90-079 NPDES No. CA0061654 CI 6948); PERSON shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. POLLUTANT shall mean the following liquid, solid or semi-solid substances, or combination thereof: 1. Artificial materials, chips or pieces of natural or man-made materials such as floatable plastics, wood or metal shavings), 2. Household waste such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment), 3. Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non- metals, such as phosphorus and arsenic. 4. Petroleum hydrocarbons such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease), 5. Excessive eroded soils, sediment and particulate materials, 6. Animal wastes such as Discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields), 7. Substances having characteristics such as a Ph less than 6.5 or greater than 8.5, or unusual coloration, or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus, 8. Waste materials and wastewater generated on construction sites and by construction activities such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing), 9. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon, 10. Materials which contain base/neutral or acid extractible organic compounds, BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 11. Those Pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal Clean Water Act. 12. Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State. The term Pollutant shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. PRIVATE PROPERTY shall mean any real property, irrespective of ownership, which is not open to the general public. Prohibited DISCHARGE shall mean any Discharge, which is not composed entirely of storm water and which contains any Pollutant, from public or Private Property to i) the Stormwater Drainage System; il) any upstream flow, which is tributary to the Stormwater Drainage System; iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or iv) any coastal harbor, bay, or the Pacific Ocean. The term Prohibited Discharge shall not include: a) Discharges occurring in compliance with the NPDES Permit, Z Discharges occurring pursuant to a State General Permit or other Regional Water Quality Control Board, State Water Resources Control Board or U.S. Environmental Protection Agency issued NPDES permit or permit waiver, c) Discharges authorized pursuant to a permit issued under Section 52.06 hereof, d) Discharges allowable under the Discharge Exception, or v) Discharges allowable under the Domestic Sewage Exception. PUBLIC PROPERTY shall mean any real property, other than Private Property. RESPONSIBLE PARTY shall mean the Person(s) identified in and responsible for compliance with any stormwater control conditions and/or requirements imposed by the City's Public Works Department. SIGNIFICANT REDEVE]WPMENT shall mean the rehabilitation or reconstruction of public or private residential whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a discretionary land use permit or grading permit or building and safety permit is required. STATE GENERAL PERMIT shall mean either the State General Industrial Stormwater Permit or the State General Construction Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities. STORMWATER DRAINAGE SYSTEM shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide storm water runoff system and owned, operated, maintained or controlled by the County of Los Angeles or any Co-Permittee City, and used for BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐the purpose of collecting, storing, transporting, or disposing of storm water 52.02. PROHIBITION ON ILLICIT CONNECTIONS AND PROHIBITED DISCHARGES. A) No Person shall: 1) Construct, maintain, operate and/or utilize an Illicit Connection. 2) Cause, allow or facilitate a Prohibited Discharge. 3) Act, cause, permit or suffer any agent, employee, or independent contractor to construct, maintain, operate or utilize an Illicit Connection, or cause, allow or facilitate a Prohibited Discharge. Z) The prohibition against Illicit Connections shall apply irrespective of whether the Illicit Connection was established prior to the Effective Date; however, legal Nonconforming Connections shall not become Illicit Connections until the earlier of the following: 1) For all structural improvements to property installed for the purpose of Discharge to the Stormwater Conveyance System, the expiration of five 5) years from the Effective Date. 2) For all nonstructural improvements to property including natural surface flow patterns, depressions or channels traversing one or more properties) existing for the purpose of Discharge to the Stormwater Conveyance System, the expiration of six 6) months following delivery of a notice to the owner or occupant of the property, which states a legal Nonconforming Connection has been identified. C) A civil or administrative violation of subsection 52.02(A) shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an Illicit Connection or to cause, allow or facilitate any Prohibited Discharge. Z If an Authorized Inspector reasonably determines that a discharge, which is otherwise within the Discharge Exception, may adversely affect the beneficial uses of receiving waters, then the Authorized Inspector may give written notice to the owner of the property or facility that the Discharge Exception shall not apply to the subject discharge following expiration of the thirty 30) day period commencing upon delivery of the notice. Upon expiration of the thirty 30) day period any such discharge shall constitute a violation of Section 52.02(A). The notice of a legal Nonconforming Connection shall state the date of expiration of use under this Chapter. E) The owner or occupant of property on which a legal Nonconforming Connection exists may request an administrative hearing, pursuant to the procedures set forth in subsections 52.05(A)(6)-(10) for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by an Authorized Inspector BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐  upon consideration of the following factors: 1) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters; 2) The economic investment of the discharger in the Legal Nonconforming Connection; and 3) The financial effect upon the discharger of a termination of the Legal Nonconforming Connection. 52.03. CONTROL OF STORMWAThR RUNOFF. A) New Development and Significant Redevelopment. 1) Beginning June 1, 1995 and continuing thereafter, all New Development and Significant Redevelopment within the City of Baldwin Park shall be undertaken in accordance with i) Any Stormwater control conditions and requirements established by the Director which are reasonably related to the reduction or elimination of Pollutants in stormwater runoff from the project site; and il) The Best Available Technology economically achievable BAT") and the Best Conventional Pollution Control Technology BCT"). 2) Prior to the issuance by the City of a discretionary land use permit, or grading permit or other Building and Safety permit for any New Development or Significant Redevelopment, the property owner shall submit to and obtain approval by the Director of stormwater control conditions and requirements. 3) Notwithstanding the foregoing subsections 52.03(A)(1)(i) and il), stormwater control conditions and requirements shall not be required for construction modifications, changes or improvements to single family detached residences, townhomes and/or condominiums, unless the Director determines that the construction may result in the Discharge of significant levels of a Pollutant into a tributary to the Stormwater Drainage System. 4) Compliance with the stormwater control conditions and requirements shall not exempt any Person from the requirement to independently comply with each provision of this Chapter. 5) If the Director determines that the project will have a de minimis impact on the quality of storm water runoff, then the Director may issue a written waiver from complying with stormwater control conditions and requirements. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐  6) Each set of stormwater control conditions and requirements shall name a Responsible Party for the project. 7) The owner of a New Development or Significant Redevelopment project, their successors and assigns, and each named Responsible Party, shall implement and adhere to the Stormwater control conditions and requirements. Each failure by the owner of the property, their successors or assigns, or a named Responsible Party, to implement and adhere to the stormwater control conditions and requirements shall constitute a new and separate violation of this Chapter. Z) Cost Recovery. The costs and expenses of the City incurred in the drafting, review, approval, and/or revision of any stormwater control conditions and requirements shall be assessed to the property owner and Responsible Party and shall be due and payable to the City. The City may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or Responsible Party. C) Lifter Control. i) No Person shall cause or participate in causing a Prohibited Discharge of any kind whether generated or accumulated at a residence, business or other location), upon any Public or Private Property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, rights-of-way, open area or point of entry to the Stormwater Drainage System. il) Every Person causing or participating in the Prohibited Discharge, and each person occupying or having charge and control of the Public or private property on which a Prohibited Disposal occurs shall cause the proper collection and abatement of same, and shall remedy the property free and clear of such waste material. ili) A Prohibited Discharge of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any person who causes or participates in the Prohibited Discharge and any owner or occupant of the property who falls to remove waste material within a reasonable time may be charged with creating a nuisance upon the property and the nuisance may be abated in accordance with Section 52.05(13) Zet Z. iv) Any and all costs and expenses incurred by the City in assessing and abating a Prohibited Discharge may be assessed to the person or persons causing or participating in the Prohibited Discharge and/or to the owner or occupant of the property who causes or participates in the Prohibited Discharge or fails to abate the Prohibited Discharge within a reasonable BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐  time, including all administrative expenses and legal fees and costs. 52.04. INSPECTIONS. A) Right to Inspect. Except where exigent circumstances require immediate entry, prior to commencing any inspection as herein below authorized, an Authorized Inspector shall obtain either the consent of the owner or occupant of Private Property or shall obtain an administrative inspection warrant or criminal search warrant. Z) Entry to Inspect. An Authorized Inspector may enter Public or Private Property to investigate the source of any Discharge to any public street, inlet, gutter, storm drain or the Stormwater Drainage System located within the jurisdiction of the City of Baldwin Park. C) Compliance Assessments. An Authorized Inspector may inspect Public or Private Property for the purpose of verifying compliance with this Chapter, including but not limited to i) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, ji) identifying point(s) of discharge of all wastewater, process water Systems and Pollutants, ii) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems, iv) establishing the location of all points of discharge from the Public or Private Property, whether by surface runoff or through a storm drain System, v) locating any Illicit Connection or the source of Prohibited Discharge, vi) evaluating compliance with any stormwater control conditions and requirements, vij) evaluating compliance with any permit issued pursuant to Section 52.06 hereof, and viii) investigating the condition of any legal Nonconforming Connection. 1)) Portable Equipment. For purposes of verifying compliance with this Chapter, an Authorized Inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. Z) Records Review. An Authorized Inspector may inspect all records of the owner or occupant of Public or Private Property relating to chemicals or processes presently or previously stored or occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, Material Safety Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State General Permits, Storm water Pollution Prevention Plans, Monitoring Program Plans and any other record(s) relating to illicit Connections, Prohibited Discharges, a legal Nonconforming Connection or any other source of contribution or potential contribution of Pollutants to the Stormwater Drainage System. P) Sample & Test. An Authorized Inspector may inspect, sample and test any area runoff, soils area including groundwater testing), process discharge, materials within any waste storage area including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the Stormwater Drainage System. An Authorized In spector may investigate the integrity of all storm BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 ORD 1105pT3(Ì쨐  a) The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a Prohibited Discharge or an Illicit Connection in violation of this Chapter; 1,) The owner of property or a Responsible Party subject to any stormwater control conditions and requirements to ensure implementation of and adherence to the terms, conditions and requirements of the same; c) A permittee subject to the requirements of any permit issued pursuant to Section 52.06 hereof to ensure compliance with the terms, conditions and requirements of the permit. d) Any Person responsible for an Illicit Connection or causing or participating in a Prohibited Discharge. ji) The Administrative Compliance Order may include the following terms and requirements: a) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including but not limited to the threat of a Prohibited Discharge from any pond, pit, well, surface impoundment, holding or storage area; 1)) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit Connection; c) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any Pollutant having the potential to contact storm water runoff; d) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this Chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state, regional or local agency; e) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any storinwater control conditions and requirements, or permit issued pursuant hereto. 3) Cease and Desist Orders. i) An Authorized Inspector may issue a Cease and Desist Order. A Cease and Desist Order shall be delivered in accordance with subsection BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 52.05(A)(5) of this Chapter. A Cease and Desist Order may direct the owner or Occupant of any property and/or any other Person responsible for a violation of this Chapter to: a) Immediately discontinue any Illicit Connection, or Prohibited Discharge to the Stormwater Drainage System; 1)) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this Chapter; c) Immediately discontinue any other violation of this Chapter. d) Assess and clean up the area affected by the violation, and abate any resulting nuisance. Z) An Authorized Inspector may direct by Cease and Desist Order that the owner of any property, the Responsible Party subject to the terms and conditions of any stormwater control conditions or requirements, or any permittee under any permit issued pursuant to Section 52.06 hereof immediately cease any activity not in compliance with such terms, conditions and requirements. 4) Recovery of Costs. An Authorized inspector may deliver to the owner or occupant of any property, any permittee or any Responsible Party, or any other Person who becomes subject to a notice of noncompliance or administrative order, an Invoice for Costs. An Invoice for Costs shall be delivered in accordance with Section 52.05(A)(5) of this Chapter. An Invoice for Costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or Responsible Party, or any other Person fails to either pay the Invoice for Costs or appeal successfully the Invoice for Costs in accordance with Section 52.05(A)(6), then the Enforcing Attorney may institute collection proceedings. 5) Delivery of Notice. Any Notice of Noncompliance, Administrative Compliance Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant to the requirements of this Chapter shall be subject to the following: i) The notice shall state that the recipient has a right to appeal the matter as set forth in subsections 52.05(A)(6)-(10) of this Chapter. li) Delivery shall be deemed complete upon a) personal service to the recipient; 1,) deposit in the U.S. mail, postage pre-paid for first class delivery; or c) facsimile service with confirmation of receipt. iii) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 assessment roll for the property or as otherwise appears in the current records of the City. iv) Where the owner or occupant of any property cannot be located after the reasonable efforts of the Authorized Inspector, a Notice of Noncompliance or Cease and Desist Order shall be deemed delivered after posting on the property for a period of ten 10) business days. 6) Administrative Hearing for Notices of Noncompliance. Administrative Compliance Orders Invoices for Costs and Adverse Determinations. Except as set forth in subsection 52.05(A)(8), any Person receiving a Notice of Noncompliance, Administrative Compliance Order, a notice of legal Nonconforming Connection, an Invoice for Costs, or any Person who is subject to any adverse determination made pursuant to this Chapter, may appeal the matter by requesting an administrative hearing. 7) Request for Administrative Hearing. Any person appealing a Notice of Noncompliance, an Administrative Compliance Order, a notice of legal Nonconforming Connection, an Invoice for Costs or an adverse determination shall, within thirty 30) days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filling to the Director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five 45) business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. S) Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a Cease and Desist Order or following an emergency abatement action shall be held within five 5) business days following the issuance of the order or the action of abatement, unless the hearing or the time requirement for the hearing) is waived in writing by the party subject to the Cease and Desist Order or the emergency abatement. A request for an administrative hearing shall not be required from the Person subject to the Cease and Desist Order or the emergency abatement action. 9) Hearing Proceedings. The Authorized Inspector shall appear in support of the notice, order, determination, Invoice for Costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, Invoice for Costs, or in opposition to the emergency abatement action. The City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 10) Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten 10) business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure 1094.5 and 1094.6 and shall be commenced within ninety 90) days following the final decision. Notwithstanding this subsection 52.05(A)(10), the final decision of the Hearing Officer in any preceding determining the validity of a Cease and Desist Order or following an emergency abatement action shall be mailed within five 5) business days following the conclusion of the hearing. 11) City Abatement. In the event the owner of property, the operator of a Facillty, a permittee, a Responsible Patty, or any other Person fails to comply with any provision of this Chapter, the Authorized Inspector may request the Enforcing Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization, including attorneys' fees and costs, may be recovered through collection breedings as set forth herein. Z Nuisance. Any condition in violation of the prohibitions of this Chapter, including but not limited to the maintenance or use of any Illicit Connection or the occurrence of any Prohibited Discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code 38771. 1) Court Order to Enjoin or Abatement. At the request of the Director or the City Engineer, the Enforcing Attorney may seek a court order to enjoin and/or abate the nuisance. 2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Director or the City Engineer shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring. 3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Director or the City Engineer or his or her authorized agent(s) may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance, without prior notice to or consent from the owner or occupant thereof and without judicial warrant. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of Pollutants, where the same presents a significant and immediate threat to the public safety or the environment. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to subsection 52.05(A)(8) herein above BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 shall follow the abatement action. 4) Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, including all administrative expenses and all legal expenses, including costs and attorney fees, shall be recoverable from the Person(s) creating, participating in the creation, causing, committing or maintaining the nuisance. 5) Nuisance Lien. All costs shall become a Lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code 38773.1 and 38773.5. The owner of record of the property subject to any lien shall receive notice of the lien prior to recording as required by Government Code 38773.1. At the direction of the Director or the City Engineer, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgement or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code 38773.5. C) Criminal Sanctions. 1) Prosecutor. The Enforcing Attorney may act on the request of the Director or the City Engineer to pursue enforcement actions in accordance with the provisions of this Chapter. 2) Infractions. Any Person who may otherwise be charged with a misdemeanor under this Chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than $100 for a first violation, $200 for a second violation, and a fine not exceeding $500 for each additional violation occurring within one year. 3) Misdemeanors. Any Person who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter after notice thereof, or violates the terms, conditions and requirements of any water quality management plan or permit, shall be guilty of a misdemeanor punishable by a fine of not more than $1000 or by imprisonment for a period of not more than six months, or both. 1)) Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, an Administrative Compliance Order, a Cease and Desist Order, an applicable storinwater control condition or requirement, or a permit issued pursuant to this Chapter, shall constitute a separate violation of this Chapter punishable by fines or sentences issued in accordance herewith. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐E) Non-exclusive Remedies. Each and every remedy available for the enforcement of this Chapter shall be non- exclusive and it is within the discretion of the Authorized Inspector or Enforcing Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this Chapter. F) Citations. Pursuant to Penal Code 836.5, the Authorized Inspector shall have the authority to cause the arrest of any Person committing a misdemeanor or infraction pursuant to the provisions of this Chapter. The Person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code 853.5, 853.6, and 853.9, unless the Person demands to be taken before a magistrate. Following issuance of any citation the Authorized Inspector shall refer the matter to the Enforcing Attorney. Each citation to appear shall state the name and address of the violator, the provisions of this Chapter violated, and the time and place of appearance before the court, which shall be at least ten 10) business days after the date of violation. The Person cited shall sign the citation giving his or her written promise to appear as stated therein. If the Person cited falls to appear, the Enforcing Attorney may request issuance of a warrant for the arrest of the Person cited. G) Violations of.Other Laws. Any Person acting in violation of this Chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability under such other laws. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to the Federal Clean Water Act 1'ide 33 U.S.C. Section 1365(a)), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA, the I£s Angeles Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this Chapter. H) Injunctions. At the request of the Director or the City Engineer, the Enforcing Attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this Chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, legal expense, including costs and attorney fees, and costs relating to restoration of the environment. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐1) Other Civil Remedies. 1) The Director or the City Engineer may cause the Enforcing Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of i) all costs incurred in enforcement of the Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, legal expenses, including costs and attorney fees, and consequential damages, ji) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and jii) damages for irreparable harm to the environment. 2) The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the Stormwater Drainage System from any violation of this Chapter where the same has caused damage, contamination or harm to the environment, public property or the Stormwater Drainage System. 3) The remedies available to the City pursuant to the provisions of this Chapter shall not limit the right of the City to seek any other remedy that may be available by law. I 52.06. PERMITS A) Discharge Permit Procedure. 1) Permit. On application of the owner of property or the operator of any facility, the Director or the City Engineer may grant permission by way of a permit for release of non-storm water discharges to the Stormwater Drainage System if: i) The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property, and il) The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards. 2) Application. The applicant shall provide all information requested by the Director or the City Engineer for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted. 3) Permit Issuance. The permit shall be granted or denied by the Director or the City Engineer or his or her designated representative(s), no later than sixty 60) BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 business days following the completion and acceptance of the application as determined by the Director or the City Engineer. The applicant shall be notified in person or by first class mail, postage prepaid, of the action taken. 4) Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this Chapter and as necessary to protect the receiving waters, including but not limited to: i) Identification of the discharge location on the property and the location at which the discharge will enter the Stormwater Drainage System; il) Identification of the constituents and quantities thereof to be discharged into the Stormwater Drainage System; jii) Specification of pollution prevention techniques and structural or non- structural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this Chapter; iv) Requirements for self-monitoring of any Discharge; v) Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self-monitoring Reports and waste manifests; and vi) Consent by the applicant to a general inspection of the facility upon twenty four 24) hours notice. vil) Other terms and conditions appropriate to ensure compliance with the provisions of this Chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, State of California or regional agency. 5) General Permit. At the discretion of the Director or the City Engineer, the permit may, in accordance with the conditions identified in Section 52.06(A)(4) herein above, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any Person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the Director or the City Engineer. No discharge within the scope of the general permit shall occur until such application is so filed. Notwithstanding the foregoing in this subsection 52.06(A)(5), the Director or the City Engineer, in his or her discretion, may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued. 6) Permit Fees. The permission to discharge shall be conditioned upon the applicant's payment of the City's costs, in accordance with a fee schedule adopted BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 by separate resolution, as follows: I) For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, and the costs reasonably related to administrating this permit program. Ii) For general permits, the costs of reviewing the permit application, that portion of the costs of preparing the general permit which is reasonably attributable to the permittee's application for the general permit, and the costs reasonably related to administering the general permit program. B) Permit Suspension. Revocation or Modification. 1) The Director or the City Engineer may suspend or revoke any permit when it is determined that: i) The permittee has violated any term, condition or requirement of the permit or any applicable provision of this Chapter; or ji) The permittee's Discharge or the circumstances under which the Discharge occurs have changed SO that it is no longer appropriate to except the Discharge from the prohibitions on Prohibited Discharge contained within this Chapter; or jii) The permittee fails to comply with any schedule for compliance issued pursuant to this Chapter; or iv) Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the Discharge, notifies the City that the Discharge should be terminated. 2) The Director or the City Engineer may modify any permit when it is determined that: i) Federal or state law requirements have changed in a manner that necessitates a change in the permit, or ji) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements, or jii) A change to the permit is necessary to ensure compliance with the objectives of this Chapter or to protect the quality of receiving waters. The Permittee shall be informed of any change in the permit terms and conditions at least forty-five 45) business days prior to the effective date of the modified permit. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 3) The determination that a permit shall be suspended, revoked or modified may be appealed by a permittee to the Hearing Officer. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final decision by the Hearing Officer. C) Permit Enforcement. Any violation of the terms, conditions and requirements of any permit issued by the Director or the City Engineer shall constitute a violation of this Chapter and subject the violator to the administrative, civil and criminal remedies available under this Chapter. Z) Limited Permittee Rights. Permits issued under this Chapter are for the Person or entity identified therein as the Permittee' only, and authorize the specific operation at the specific location identified in the permit. The issuance of a Permit does not vest the permittee with a continuing right to Discharge. E) Transfer of Permits. No permit may be transferred to allow: 1) A Discharge to the Stormwater Drainage System at a location other than the location stated in the original permit, or 2) A Discharge by a Person or entity other than the permittee named in the permit, provided however, that the City may approve a transfer if written approval is obtained, in advance, from the Director or the City Engineer. 52.07. Interagency COOPERATION. A) The Federal Clean Water Act authorizes the NPDES Permit for the Los Angeles County area and provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coor:linated effort of the County and the Co-Permittees is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Los Angeles Region, the NPDES Permits, this Chapter, monitoring and data collection cooperation and regular emergency and spill response planning activities. Z) The City may elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this Chapter. BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05 ORD 1105pT3(Ì쨐 52.08. COMPLIANCE WITH CHAPTER IS NOT COMPLIANCE WITH OTHER LAWS. Compliance by any Person or entity with the provisions of this Chapter shall not relieve any such Person or entity from complying with other applicable local, state or federal statutory or regulatory requirements. SECTION 2: Severability. The City of Baldwin Park hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that would have adopted all other provisions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3: This Ordinance shall become effective 30 days after its adoption. SECTION 4: The City Clerk of the City of Baldwin Park shall certify to the passage and adoption of this Ordinance and shall cause the same to be posted and published in the manner required by law. APPROVED, ADOPTED AND SIGNED this 19th day of July, 1995 MAYOR ATTEST CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No. 1105 was regularly introduced and placed upon first reading at a regular meeting of the City Council of the City of Baldwin Park on July 5,1995. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on July 19, 1995 by the following vote: AYES MARTINEZ, MUSE, LOWES, LOZANO NOES NONE ABSENT MAYOR VARGAS ABSTAIN: NONE LINDA L GAIR, CITY CLERK BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05  drain and sanitary sewer Systems, any legal Nonconforming Connection or other pipelines on the property using appropriate tests, including but not Limited to smoke and dye tests or video surveys. The Authorized Inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. G) Monitoring. An Authorized Inspector may erect and maintain monitoring devices for the purpose of measuring any Discharge or potential source of Discharge to the Stormwater Drainage System. H) Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by an Authorized Inspector. 52.05. Enforcement. A) Administrative Remedies. 1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or occupant of any property, or to any Person responsible for an Illicit Connection or a Prohibited Discharge, a Notice of Noncompliance. The Notice of Noncompliance shall be delivered in accordance with subsection 52.05(A)(5). i) The Notice of Noncompliance shall identify the violation(s) of this Chapter, the applicable stormwater control conditions and requirements and the costs and damages which have been or may be incurred. The Notice of Noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or Person. il) The Notice of Noncompliance shall state a compliance date that must be met by the owner, occupant and/or Person; provided, however, that the compliance date may not exceed ninety 90) days unless the Authorized Inspector extends the compliance deadline an additional reasonable period of time, under the circumstances, where good cause exists for the extension. 2) Administrative Compliance Orders. i) The Authorized Inspector may issue an Administrative Compliance Order. The Administrative Compliance Order shall be delivered in accordance with subsection 52.O5(AZ(5) of this Chapter. The Administrative Compliance Order may be issued to: BIB] 37643-U01 ORD-U02 1105-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4309-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1105-U05 JUL-U05 19-U05 1995-U05