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HomeMy WebLinkAboutNS-2328 - Amending Article IV of Chapter 18 and Section 1-18.2 of the Santa Ana Municipal Code to Adopt New Provisions Regarding Water Pollution in Order to Comply With Federal Regulations591 ORDINANCE NO. NS-2328 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 18 AND SECTION 1-18.2 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT NEW PROVISIONS REGARDING WATER POLLUTION IN ORDER TO COMPLY WITH FEDERAL REGULATIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 18-151 of the Santa Ana Municipal Code is hereby amended to read as follows: Sao. 18-151. Short title. This article shall be known and may be cited as the "Water Pollution Regulations" of the City. SECTION 2: That section 18-152 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-152 Purpose. The purpose of this Article 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 throughout the County of Orange. SECTION 3: That section 18-153 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-153. Definitions. AS used in this article, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively: a. "Authorized Inspector" shall mean the city Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this Article. "city Agencies" shall mean any City Agency, including, but not limited to the Public Works Agency, the Planning and Building Agency and Fire Department. _ c. "City Manager" shall mean the city Manager of the city or his or her designate. ORDINANCE NS-2328 "Co-Permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the thirty- one (31) municipalities, ,including the City of Santa Ana, which are responsible for compliance with the terms of the NPDES Permit. "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time. "Development Project Guidance" shall mean DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for New Development Including Non-Residential Construction Projects, as the same may be amended from time to time. "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 Article, including only: Discharges composed entirely of storm water; Discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency; Discharges from property for which best management practices set forth in the Development Project Guidance are being implemented and followed; Discharges to the Storm Water 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 Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); Discharges from potable water sources, 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; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; Discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City [County of Orange, Orange County Flood Control District]; Discharges authorized pursuant to a permit issued under Section 18-157 hereof; Discharges allowable under the Domestic Sewage Exception; Discharges for which the discharger has reduced to the extent feasible the amount of Pollutants in such Discharge; and Discharges authorized pursuant to ORDinAnCE S-2328 $95 ke federal or state laws or regulations. In any action taken to enforce this Article, the burden shall be on the Person who is the subject of such action to establish that a Discharge was within the scope of this Discharge Exception. "Domestic Sewage Exception" shall mean discharges which are exceptions to this Article and excluded from the definition of Prohibited Discharge, as defined herein, including only: Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill. "Enforcing Attorney" shall mean the City Attorney or District Attorney acting as counsel to the City of Santa Ana 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, or his/her designee, shall act as the Enforcing Attorney. "EPA" shall mean the Environmental Protection Agency of the United States. "Executive Director" shall mean the Executive Director of the Public Works Agency of the city, or his or her designate. "Invoice for Costs" shall mean the actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable where a Notice of Noncompliance, Administrative Compliance Order or other enforcement option under Section 18-156 of this Article is utilized to obtain compliance with this Article. "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 Storm Water Drainage System occurs or may occur. The term Illicit Connection shall not include Legal Nonconforming Connections or connections to the Storm Water Drainage System that are hereinafter 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 Storm Water Drainage System existing as of the adoption of this Article 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, 594 O~D~A~C~ ~$-2328 qe any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to City Ordinance No. NS-144. "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 grading for future construction, for which either a discretionary land use approval, grading permit, building permit or Non-residential Plumbing Permit is required. "Non-residential Plumbing Permit" shall mean a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage. "NPDES Permit" shall mean the currently applicable municipal discharge permit (National Pollutant Discharge Elimination System ("NPDES") permit) issued by the Regional Water Quality Control Board, Santa Ana Region, which permit establishes waste discharge requirements applicable to storm water runoff in the City. "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 any liquid, solid or semi-solid substances, or combination thereof, including and not limited to: Artificial materials (such as floatable plastics, wood products or metal shavings); Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment); Metals and non-metals, including compounds of metals and non-metals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms; Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); ORDINANCE NS-2328 595 5. Animal wastes (such as Discharge from confinement facilities, kennels, pens and recreational facilities, .~including, stables, show,facilities, or polo fields); 6. Substances having a Ph less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor; Waste materials and wastewater generated on construction sites and byconstruction activities (such as painting and staining; use of sealants and glues; use of lime; 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; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing); Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; Materials which contain base/neutral or acid extractible organic compounds; 10. Those Pollutants defined in §1362(6) of the Federal Clean Water Act; and 11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State. "Prohibited Discharge" shall mean any Discharge which contains any Pollutant, from public or private property to (i) the Storm Water Drainage System; (ii) any upstream flow, which is tributary to the Storm Water 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 Discharges allowable under the Discharge Exception. "Significant Redevelopment" 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 approval, grading permit, building permit or Non- residential Plumbing Permit is required. 598 ORDINANCE NS-2328 We "State General Permit" shall mean either the State General Industrial Storm Water 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. "Storm Water 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 County of Orange, the Orange County Flood Control District or any Co-Permittee City, and used for the purpose of collecting, storing, transporting, or disposing of storm water. SECTION 4: That section 18-154 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-~54. Service of notice. Whenever any notice, order, statement or resolution is required to be served upon the owner of any premises by the provisions of this Article, such service shall be either by personal service upon the owner or by delivery into the U.S. mail, postage prepaid, certified or registered mail, addressed to the owner as such person's name and address appear on the latest available assessment roll, or as otherwise known to be the more reliable name and address of the owner. In addition, if the owner's mailing address is different from that of the premises, a copy of such notice shall either be likewise served on the person in possession of the premises or conspicuously posted upon the premises, and such service or posting shall constitute service of notice upon the owner in the event that he fails to receive notice mailed to him. Where the owner or occupant of any premises cannot be located after reasonable efforts, any notice, order, statement or resolution required by this Article shall be deemed delivered after posting on the property for a period of ten (10) business days. 6 ORDINANCE NS-2328 597 SECTION 5: That section 18-155 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-155. Prohibition on I tit Connections and Prohibited Discharges a. No Person shall: Construct, maintain, operate and/or utilize any Illicit Connection. Cause, allow or facilitate any Prohibited Discharge. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any Illicit Connection, or cause, allow or facilitate any Prohibited Discharge. The prohibition against Illicit Connections shall apply irrespective of whether the Illicit Connection was established prior to the date of enactment of this Article; however, Legal Nonconforming Connections shall not become Illicit Connections until the earlier of the following: For all structural improvements to property installed for the purpose of Discharge to the Storm Water Drainage System, the expiration of five (5) years from the adoption of this Article. For all nonstructural improvementsto property existing for the purpose of Discharge to the Storm Water Drainage 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. The notice of a Legal Nonconforming Connection shall state the date of expiration of use under this Article. A reasonable extension of use may be authorized by the City Manager upon consideration of the following factors: The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters; The economic investment of the discharger in the Legal Nonconforming Connection; and The financial effect upon the discharger of a termination of the Legal Nonconforming Connection. A violation of Section 18-155(a) shall occur irrespective of the negligence or intent of the violator to construct, 598 ORDINANCE NS-2328 maintain, operate or utilize an Illicit Connection or to cause, allow or facilitate any Prohibited Discharge. 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 oonstitute a violation of Section 18-154(a). If a request for an extension of use is denied, 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 Chapter 3 of this Code, for an extension of the period allowed for continued use of the connection. SECTION 6: That section 18-156 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-156. Control of Urban Runoff a. New Development and Siqnificant Redevelopment. Ail New Development and Significant Redevelopment within the City of Santa Ana shall be undertaken in accordance with: (i) The DAMP, including but not limited to the Development Project Guidance; and (ii) Any conditions and requirements established by City Agencies, which are reasonably related to the reduction or elimination of Pollutants in storm water runoff from the project site. Prior to the issuance by the City of a grading permit, building permit or Non-residential Plumbing Permit for any New Development or Significant Redevelopment, City Agencies shall review the project plans and impose terms, conditions and requirements on the project in accordance with Section 18-156(a) 1. If the New Development or Significant Redevelopment will be approved without application for a grading permit, building permit or Non-residential Plumbing Permit, City Agencies shall review the project plans and impose terms, conditions and requirements on the project in accordance with Section 18-156(a)1 prior to the 8 ORDINANCE NS-2328 be e Se issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map ~ Notwithstanding the foregoing Sections 18-156(a) 1 and 18-156(a)2, compliance with the Development Project Guidance shall not be required for construction of a (one) single family detached residence unless a City Agency determines that the construction may result in the Discharge of significant levels of a Pollutant into a tributary to the Storm Water Drainage System. Compliance with the conditions and requirements of the DAMP shall not exempt any Person from the requirement to independently comply with each provision of this Article. If a city Agency determines that the project will have a de minimis impact on the quality of storm water runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the Development Project Guidance. The owner of a New Development or Significant Redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to Section 18-156(a)1 on a New Development or Significant Redevelopment project. (i) Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to Section 18- 156(a) 1 on a New Development or Significant Redevelopment project shall constitute a violation of this Article. A city Agency may require that the terms, conditions and requirements imposed pursuant to Section 18-156(a) 1 be recorded with the County Recorder's office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation. Cost Recovery. The city shall be reimbursed by the project applicant for all costs and expenses incurred by city Agencies in the review of New Development or Significant Development projects for compliance with the DAMP. City Agencies may elect to require a deposit of estimated costs and expenses, and the actual 600 ORDINANCE NS-2328 costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant. SECTION 7: That section 18-157 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. Xs-x57. Inspections a. Scope of Inspections. Riqht to Inspect. When it is necessary to make an inspection to enforce the provisions of this Article or when an Authorized Inspector has reasonable cause to believe that there exists a condition which is in violation of this Article, the Authorized Inspector may enter a property at reasonable times to inspect or to perform the duties imposed by this Article, provided that the Authorized Inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the property or premises and request entry. If entry is refused, the Authorized Inspector shall have recourse to the remedies provided by law to secure entry. Entry to Inspect. The Authorized Inspector may enter property to investigate the source of any Discharge to any public street, inlet, gutter, storm drain or the Storm Water Drainage System located within the jurisdiction of the City of Santa Ana. Such inspections shall be conducted in accordance with the regulations established by the executive director. SECTION 8: That section 18-158 of the Santa Ana Municipal Code is hereby amended to read as follows: 8eo. 18-L58. Enforcement a. Administrative Remedies. 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 Prohibited Discharge, a Notice of Noncompliance which notice shall be issued pursuant to the regulations established by the executive director. Administrative Compliance Orders. The Authorized Inspector may issue an Administrative Compliance Order. The Administrative Compliance Order shall be issued pursuant to the regulations established by the executive director. l0 ORDINANCE N$-2328 Cease and Desist Orders. The Authorized Inspector may issue a Cease and Desist Order. A Cease and Desist Order shall ben, issued pursuant to the regulations established by the executive director. e Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee 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 the provisions of section 18-154. 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. 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 Article shall be served pursuant to section 18-154. Nuisance. Any condition in violation of the prohibitions of this Article 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. The abatement of any nuisance shall be in accordance with the procedure prescribed in Articles I, II, III and IV of Chapter 17 of this Code. Violations of Other Laws. Any Person acting in violation of this Article 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. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act SS05(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this Article. In4unctions. 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 Article. ORDINANCE NS-2328 Order for Reimbursement. 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 Article, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law. e. Other Civil Remedies. The Enforcing Attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of the Article, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (iii) damages for irreparable harm to the environment. The Enforcing Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the Storm Water Drainage System from any violation of this Article where the same has caused damage, contamination or harm to the environment, public property or the Storm Water Drainage System. The remedies available to the City pursuant to the provisions of this Article shall not limit the right of the City to seek any other remedy that may be available by law. SECTION 9: That section 18-159 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 18-159. Permits a. Discharqe Permit Procedure. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a NPDES Permit regulating storm water discharges, the City Manager may issue a permit authorizing the release of non-storm water Discharges to the Storm Water Drainage System if: (i) The Discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and ORDINANCE NS-2328 603 ., (ii) The Discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards. APPlication. The applicant shall provide all information requested by the City Manager 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. Permit Issuance. The permit shall be granted or denied by the city Manager no later than sixty (60) business days following the completion and acceptance of the application as determined by the City Manager. Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this Article 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 Storm Water Drainage System; (ii) Identification of the constituents and quantities thereof to be discharged into the Storm Water Drainage System; (iii) 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 Article; (iv) Requirements Discharge; for self-monitoring of any (v) Requirements for submission of documents or data, such as technical reports, production data, Discharge reports, self-monitoring reports and waste manifests; and (vi) Other terms and conditions appropriate to ensure compliance with the provisions of this Article and the protection of receiving waters, including requirements for compliance with best ]3 ORDINANCE NS-2328 Permit 1. management practices guidance documents approved by any federal, State of California or regional agency. General Permit. In the discretion of the City Manager, the permit may, in accordance with the conditions identified in Section 18-159(a)4 hereinabove, 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 City Manager. No Discharge within the scope of the general permit shall occur until such application is so filed. (i) Notwithstanding the foregoing in this subsection 5, the city Manager, in his 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. Permit Fees. The permission to Discharge may be conditioned upon the applicant's payment of the City's costs, in accordance with a fee schedule adopted 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. Notwithstanding the foregoing, no permit fee shall be charged for a general permit issued to Section 18-159(a)5(i). Suspension, Revocation or Modification. The City Manager 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 Article; or (ii) The permittee's Discharge or the circumstances under which the Discharge occurs have changed so that it is no longer appropriate to except 14 ORDINANCE NS-2328 ~0~ Ce the Discharge from the prohibitions on Prohibited Discharge contained within this Article;or (iii) The permittee fails to comply with any schedule for compliance issued pursuant to this Article; 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. The City Manager 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 (ii) 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 (iii) A change to the permit is necessary to ensure compliance with the objectives of this Article or to protect the quality of receiving waters. The Permittee or, in the case of a general permit, each Person who has filed an application pursuant to Section 18-159(a)5, shall be informed of any change in the permit terms and conditions at least sixty (60) business days prior to the effective date of the modified permit. In the case of a general permit issued pursuant Section 15-159(a) 5(i), any change in the permit terms and conditions shall be published in a newspaper of general circulation within the City at least sixty (60) days prior to the effective date of the modified permit. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the procedure set forth in Chapter 3 of this Code. In the absence of a judicial order to the contrary, the permittee may continue to Discharge pending issuance of the final administrative decision. Permit Enforcement. Penalties. Any violation of the terms, conditions and requirements of any permit issued by the City Manager shall constitute a violation of this Article and 15 606 ORDINANCE NS-2328 subject the violator to the administrative, civil and criminal remedies available under this Article. Compliance with the terms, conditions and requirements of a permit issued pursuant to this Article shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued. Limited Permittee Riahts. Permits issued under this Article 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. TraDsfe¥ of Permits. No permit issued to any Person may be transferred to allow: (i) A Discharge to the Storm Water Drainage System at a location other than the location stated in the original permit; or (ii) A Discharge by a Person other than the Person named in the permit, provided however, that the City may approve a transfer if written approval is obtained, in advance, from the City Manager. SECTION 10: That section 18-160 of the Santa Ana Municipal Code is hereby.amended to read as follows: Sec. 18-160. Interagency Cooperation The City intends to cooperate with other agencies with jurisdiction over storm water discharges to ensure that the regulatory purposes underlying storm water regulations promulgated pursuant to the Clean Water Act (33 USC §1251 et seq.) are met. SECTION 11: That section 18-161 of the Santa Ana Municipal Code is hereby added to read as follows: sec. 18-161. Miscellaneous a. Compliance Disclaimer. Full compliance by any Person or entity with the provisions of this Article shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the Discharge of Pollutants into storm water and/or the protection of storm water quality. 16 Code Code Code Code Code Code Code Code Repeal of Prior Article. The enactment of this Article by City shall repeal the provisions of Ord. No. NS-144 enacted for the permitting of Discharges of industrial waste to ground or surface waters and no new Discharge permits shall be issued thereunder; provided however, that connection to Discharge under the terms and conditions of any individual Discharge permit issued prior to the date of enactment of the Water Pollution Article shall be allowed hereunder as a Legal Nonconforming Connection. SECTION 12: That section 18-182 of the Santa Ana Municipal is hereby repealed. SECTION 13: That section 18-183 of the Santa Ana Municipal is hereby repealed. SECTION 14: That section 18-184 of the Santa Ana Municipal is hereby repealed. SECTION 15: That section 18-185 of the Santa Ana Municipal is hereby repealed. SECTION 16: That section 18-186 of the Santa Ana Municipal is hereby repealed. SECTION 17: That section 18-187 of the Santa Ana Municipal is hereby repealed. SECTION 18: That section 18-188 of the Santa Ana Municipal is hereby repealed. SECTION 19: That section 18-189 of the Santa Ana Municipal is hereby repealed. SECTION 20: That Code is hereby repealed. SECTION 21: That Code is hereby repealed. SECTION 22: That Code is hereby repealed. section 18-190 of the Santa Ana Municipal section 18-191 of the Santa Ana Municipal section 18-231 of the Santa Ana Municipal SECTION 23: That section 18-232 of the Santa Ana Municipal Code is hereby repealed. SECTION 24: That section 18-233 of the Santa Ana Municipal Code is hereby repealed. SECTION 25: That section 18-234 of the Santa Ana Municipal Code is hereby repealed. 17 ORDINANCE NS-2328 SECTION 26: That section 18-235 of the Santa Ana Municipal Code is hereby repealed. SECTION 27: That section 1-18.2 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 1-18.2. Public works department authority to issue citations. The director of public works, the administrative services manager, the enterprise coordinator, the environmental control supervisor, the maintenance services manager and all sanitation inspectors have the duty to enforce the provisions of sections 16-1 through 16-4, 16-30, 16-31, 16-33 through 16-37.5, 16-39 and 16-48 of this Code, the director of public works, the maintenance services manager and the tree maintenance supervisor have the duty to enforce the provisions of sections 10-141 through 10-143 and 16-48 of this Code, the director of public works, the water resources manager, the utility inspector and the water meter repairers have the duty to enforce the provisions of sections 39-26, 39-33 and 39-106 through 39-111 of this Code and the director of public works, the engineering services manager, senior civil engineer, associate engineers, assistant engineers and the construction inspectors have the duty to enforce the provisions of Article IV of Chapter 18 of this Code. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title III, of Part 2 of the Penal Code of the State of California (commencing with Section 853.6) . SECTION 13: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 14: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, ORDinANCE S-2328 609 filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ..... ~ ADOPTED this 21st AT~EST: erk of the Council~/ day of July , 1997. o COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Abstained Franklin Aye Lutz Aye McGuigan Aye Moreno Aye D O // J0~h W. Fletc er /~ Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. A.) -.q - a~ .5 ~ to be the original ordinance adopted by the City Council of the City of Santa Anaon of the City of Santa Aha. Date: ; and that said ordinance was published in accordance with the Charter d,~// Clerk ofthe Cou~il City of Santa Ana ~ ' 19