HomeMy WebLinkAboutStaff Report 3.B 06/20/20053
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EFFECTIVE DATE
OF ORDINANCE
Introduced by
ORDINANCE NO. 2209 N.C.S.
Seconded by
3.0
June 20, 2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 15.80, ENTITLED
"STORMWATER MANAGEMENT AND DISCHARGE CONTROL"
TO THE PETALUMA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Chapter 15.80, entitled "Stormwater Management and Discharge Control' is hereby
added to the Petaluma Municipal Code to read as follows:
"STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections
15.80.010
Short Title
15.80.020
Findings
15.80.030
Purpose and Intent
15.80.040
Definitions
15.80.050
Administration
15.80.060
Prohibited Discharge
15.80.070
Exceptions to Discharge Prohibition
15.80.080
Exceptions to Otherwise Applicable
Exemptions
15.80.090
Threatened Prohibited Discharge
15.80.100
Illicit Connections Prohibited
15.80.110
Negligence or Intent Not Required
15.80.120
Waste Disposal Prohibitions
15.80.130
Discharges in Violation of Industrial or
Construction Activity NPDES Stormwater
Discharge Permit
15.80.140
Authorization to Adopt and Impose Best
Management Practices
15.80.150
New Development and Redevelopment
Ordinance No. 2209 N.C.S.
Page 1
15.80.160
Responsibility to Implement Best Management
Practices
15.80.170
Requirement to Remediate
15.80.180
Requirement to Monitor and Analyze
15.80.190
Notification of Spills
15.80.200
Authority to Inspect
15.80.210
Authority to Sample, Establish Sampling Devices,
and Test
15.80.220
Fees
15.80.230
Enforcement
Section 15.80.010 Short Title
This Chapter shall be known as the "Stormwater Management and Pollution Control
Ordinance of the City of Petaluma" and may be so cited.
Section 15.80.020 Findings
A. The Federal Clean Water Act provides for the regulation and reduction of
pollutants discharged into the waters of the United States by extending National Pollutant
Discharge Elimination System requirements to stormwater and urban runoff discharge into the
City's municipal separate storm sewer system (MS4).
B. The City's Stormwater Management Plan requires the City to effectively prohibit
non-stormwater discharges from the incorporated area of the City into the City's MS4 except as
otherwise permitted by law.
C. The Council finds in this regards that the provisions of this Chapter are necessary
to provide the City with the legal authority necessary to implement the Stormwater
Management Plan.
Section 15.80.030 Puroose and Intent
A. The purpose and intent of this Chapter is to ensure the health, safety, and
general welfare of citizens, and protect and enhance the water quality of watercourses and
water bodies in a manner pursuant to and consistent with the federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum
extent practicable (MEP) and by prohibiting non -storm water discharges to the City's MS4.
B. It is the intent of the Council in adopting this Chapter to provide the City with the
legal authority to accomplish the following goals:
1. to reduce the discharge of pollutants in stormwater to the maximum
extent practicable;
2. to effectively prohibit illicit connections and non-stormwater discharges
into the City's MS4;
3. to comply with the requirements of the federal Water Pollution Control Act
and the state Porter -Cologne Water Quality Control Act as they apply to
the discharge of pollutants into and from the City's MS4;
4. to fully implement the City's Stormwater Management Plan;
5. to establish the authority to adopt or impose requirements for
development and redevelopment projects to reduce or eliminate
Ordinance No. 2209 N.C.S. Page 2
stormwater pollution and erosion both during construction and after the
project is complete;
6. to protect the physical integrity and function of the City's MS4 from the
effects of pollutants and materials other than stormwater;
7. to prevent the contamination of groundwater as a result of pollution
migration from the City's MS4;
8. to protect the health and safety of maintenance personnel and the
public who may be exposed to pollutants in the City's MS4;
9. to provide for the recovery of regulatory costs incurred by the City in the
implementation of its Stormwater Management Plan, including, but not
limited to, enforcement activities, inspections, investigations, sampling
and monitoring; and
10. to establish appropriate enforcement procedures and penalties for
violations of the provisions of this Chapter.
Section 15.80.040 Definitions
The following definitions are adopted for the purpose of this Chapter:
A. "Best Management Practices (BMPs)" means activities, prohibition of practices,
general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce to the
maximum extent practicable the discharge of pollutants directly or indirectly to waters of the
United States. BMPs shall also be defined to include structural controls, treatment controls,
training requirements, operating procedures, and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, and drainage from raw materials storage.
B. "Council" means the City Council of the City of Petaluma.
C. "City" means the City of Petaluma.
D. "Development" means any construction, rehabilitation, redevelopment or
reconstruction of any public or private residential project, industrial, commercial, retail, and all
other nonresidential projects, public or private, or grading for future construction, for which either
discretionary land use approval or any permit is required.
E. "Director" means the Water Resources and Conservation Department Director or
his/her designees) including, but not limited to enforcement officers authorized by the Director.
F. "Discharge" means the release or placement of any material into the City's MS4,
including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous waste,
raw materials, debris, litter or any other substance.
G. "Hazardous Substances" means those materials listed in Title 40 of the Code of
Federal Regulations (40 CFR) Part 117 and/or 40 CFR Part 302 and/or Division 20 of the California
Health and Safety Code.
H. "Illicit Connection" means any man-made conveyance or drainage system
pipeline, conduit, inlet or outlet, or condition of property whether on the surface or subsurface
through which the discharge of any pollutant to storm drains or storm sewers occurs or may
occur.
Ordinance No. 2209 N.C.S. Page 3
I. "Implementing Agency" means the agency or department designated by the
Director to enforce the provisions of this Chapter with respect to a particular site, facility or
industry category.
J. "Industrial Activity" means activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26 (b) (14).
K. "Material" means any substance, including, but not limited to, raw materials,
finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological
and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and
any fluid or solid containing chemicals.
L. "Maximum Extent Practicable (MEP)" means a technology-based standard
established by Congress in the Clean Water Act section 402(p) (3) (B) (iii) for stormwater
discharge that municipalities must meet. MEP is generally the result of emphasizing pollution
prevention and source control best management practices (BMPs) primarily (as the first line of
defense) and in combination with treatment methods serving as backup (additional line of
defense). The MEP approach is an ever evolving, flexible and advancing concept, which
considers technical and economic feasibility. As knowledge about controlling urban runoff
continues to evolve, so does what constitutes MEP.
M. "Municipal Separate Storm Sewer System (MS4)" means a conveyance or system
of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) designed or used for collecting or
conveying stormwater, which is not a combined sewer and which is not part of a Publicly
Owned Treatment Works (POTW).
N. "National Pollutant Discharge Elimination System (NPDES) Permit" means a permit
issued by either the Regional Water Quality Control Board or the State Water Resources Control
Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code
to control discharges from point sources to waters of the United States, or permit issued by the
United States Environmental Protection Agency pursuant to the federal Water Pollution Control
Act (33 U.S.C. § 1341 et seq.) to control discharges from point sources to waters of the United
States.
O. "Non-Stormwater Discharges" means any discharge to the City's MS4 that is not
composed entirely of stormwater.
P. "Person" means any natural person as well as any corporation, partnership,
public agency, trust, estate, cooperative association, joint venture, business entity or other similar
entity, or the agent, employee or representative of any of the above.
Q. "Pollutant" means anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects, articles, and accumulations, so that some may cause or
contribute to pollution; flootables; pesticides; herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure (including but
not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any
kind.
Ordinance No. 2209 N.C.S. Page 4
I R. "Pollution" means the human -made or human -induced alteration of the quality
2 of waters by waste to a degree which unreasonably affects, or has the potential to
3 unreasonably affect, either the waters for beneficial uses or the facilities which serve these
4 beneficial uses.
S. "Prohibited Discharge" means any non-stormwater discharge to the City's MS4,
which is not otherwise specifically authorized by this Chapter, the Regional Board, State or
Federal law, or an NPDES permit.
T. "Redevelopment" means, on an already developed site, the creation or addition
of at least 5,000 square feet of impervious area. Redevelopment includes, but is not limited to:
the expansion of a building footprint or addition of a structure; structural development including
an increase in gross floor area and/or exterior construction or remodeling; and land disturbing
activities related with structural or impervious surfaces.
U. "Regional Board" means the California Regional Water Quality Control Board,
San Francisco Region.
V. "Source Control BMP" means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices, or operational practices that aim to prevent
storm water pollution by reducing the potential for contamination at the source of pollution.
W. "Stormwater" means any surface flow, runoff, and drainage consisting entirely of
water from rain storm events and snow melt.
X. "Subject Activities" means any industrial activity which is determined by the
Director to discharge or have the potential to discharge pollutants into stormwater or non-
stormwater in quantities or concentrations which may cause exceedance of receiving water
limitations.
Y. "Threatened Prohibited Discharge" means any condition or activity which does
not currently result in a prohibited discharge but is nevertheless determined by the Director to be
a condition which results in a substantial likelihood of a future prohibited discharge.
Z. "Treatment Control Bmp" means any engineered system designed to remove
pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media
adsorption, or any other physical, biological, or chemical process.
AA. "Waters Of The United States Or Waters Of The U.S." means surface watercourses
and water bodies as defined in Part 122.2 of Title 40 of the Code of Federal Regulations or any
successor provisions.
Section 15.80.050 Administration
The Water Resources and Conservation Department is hereby designated as the City
department responsible for the administration of this Chapter.
Section 15.80.060 Prohibited Discharge
Except as provided in Section 15.80.070, no person shall discharge or cause to be
discharged into the City's MS4 or watercourses any materials, including but not limited to
Ordinance No. 2209 N.C.S. Page 5
pollutants or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater.
Section 15.80.070 Exceotions to Discharge Prohibition
The following discharges to the City's MS4 are exempt from the otherwise applicable
discharge prohibition set forth in Section 15.80.060.
A. Any discharge regulated under a NPDES permit, waiver, or waste discharge order
issued to the discharger and administered by the State of California under the authority of the
Federal Environmental Protection Agency or under State authority, provided the discharger is in
full compliance with all requirements of the permit, waiver, or order and other applicable laws
and regulations, and provided that written approval has been granted by the City for any
discharge to the City's MS4.
B. Any stormwater containing pollutants that has been reduced to the MEP by the
application of BMPs or other management measures set forth in the City's Stormwater
Management Plan.
C. Any discharge from any of the following activities provided that any such
discharge is not identified as a significant contributor of pollutants to the City's MS4 by the
Director:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
water line flushing;
landscape irrigation;
diverted stream flows;
rising ground waters;
uncontaminated ground water infiltration
(20)] to MS4s;
uncontaminated pumped ground water;
discharges from potable water sources;
foundation drains;
air conditioning condensate;
irrigation water;
springs;
water from crawl space pumps;
[as defined in 40 CFR 35.2005
footing drains;
lawn watering;
individual residential car washing;
flows from riparian habitats and wetlands;
dechlorinated swimming pool discharges; or
discharges or flows from emergency fire fighting activities.
D. Any discharges which the Director, the County Health Department or the
Regional Board determines in writing are necessary for the protection of public health and
safety.
E. With written concurrence of the Regional Board, the City of Petaluma may
exempt in writing other non-stormwater discharges which are not a source of pollutants to the
City's MS4.
Ordinance No. 2209 N.C.S. Page 6
Section 15.80.080 Exceotion to Otherwise Aoolicable Exemotions
Nothwithstanding the exemptions provided for in Section 15.80.070 above, if the Regional
Board or the Director determines that a discharge which is otherwise exempt from the
prohibition on discharges causes or significantly contributes to the violation of any receiving
water limitation or results in the conveyance of significant quantities of pollutants to surface
waters, or is otherwise a danger to public health or safety, the Director may give written notice
to the owner or operator of the facility that the discharge exception shall not apply to the
discharge at issue following expiration of the thirty (30) day period commencing upon delivery of
the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful.
Section 15.80.090 Threatened Prohibited Discharoe
It shall be unlawful for any person to maintain, or cause to be maintained, a threatened
prohibited discharge after having received notice of the Director's determination as to the
existence of a threatened prohibited discharge.
Section 15.80.100 Illicit Connections Prohibited
A. It shall be unlawful for any person to establish, use or maintain, or cause to
establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or
abatement by the City pursuant to Section 15.80.230 of this Chapter.
B. The prohibition set forth in subsection A above shall apply to illicit connections in
existence at the time that this Chapter becomes effective. Upon the effective date of this
Chapter, any person who maintains an illicit connection shall have thirty (30) days from the
effective date of this Chapter to disconnect and discontinue use of such connection.
Notwithstanding the provisions of this section, any person who maintains an illicit connection, as
defined in Section 15.80.040, may apply to the City for a permit to continue the connection
subject to applicable City standards.
Section 15.80.110 Nealiaence or Intent Not Required
A violation of the provisions of this Chapter 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.
Section 15.80.120 Waste Disoosal Prohibitions
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited,
left, or maintained, in or upon any public or private property, driveway, parking area, street,
alley, sidewalk, component of the City's MS4, or waters of the U.S., any refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, articles, and accumulations, so that the same
may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for
the purposes of collection are exempted from this prohibition.
Section 15.80.130 Discharaes in Violation of Industrial or Construction NPDES
Stormwater Dischorae Permit
Any person subject to an industrial or construction NPDES Stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said permit may be
required in a form acceptable to the Director prior to or as a condition of a subdivision map, site
Ordinance No. 2209 N.C.S. Page 7
plan, building permit, grading permit, or development or improvement plan; upon inspection of
the facility; during any enforcement proceeding or action; or for any other reasonable cause.
Section 15.80.140 Authorization to Adoot and ]moose Best Manaaement Practices
The City may adopt requirements identifying BMPs for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater, the City's MS4, or
waters of the U.S.
Section 15.80.150 New Develooment and Redevelooment
The City may adopt requirements identifying appropriate BMPs including, but not limited
to, source control and post construction treatment control measures to control the volume, rate,
and potential pollutant load of stormwater runoff from new development and redevelopment
projects as may be appropriate to minimize the generation, transport and discharge of
pollutants. The City shall incorporate such requirements in any land use entitlement and
construction or building -related permit to be issued relative to such development or
redevelopment. The selection and the design of the BMPs, including post -construction treatment
control measures, shall be per the City's stormwater policy and design standards and per the
applicable NPDES permit issued to the City and other available guidance documents.
Final occupancy shall not be authorized until such time the BMPs and post -construction
treatment measures are properly installed and provisions for long-term maintenance of these
BMPs and treatment measures are accepted by the City.
Section 15.80.160 Resoonsibilitv to Imolement Best Manaaement Practices
Any person engaged in activities or operations, or owning facilities or property which will
or may result in pollutants entering stormwater, the City's MS4, or waters of the U.S. shall
implement BMPs to the maximum extent practicable to prevent and reduce such pollutants. The
owner or operator of a commercial or industrial establishment shall provide reasonable
protection from accidental discharge of prohibited materials or other wastes into the City's MS4
or watercourses. Facilities to prevent accidental discharge of prohibited materials or other
wastes shall be provided and maintained at the owner or operator's expense.
BMPs required or recommended by the City may be obtained from the Water Resource
and Conservation Department.
Section 15.80.170 Reauirement to Remediate
Whenever the City finds that a discharge of pollutants is taking place or has occurred
which will result in or has resulted in pollution of stormwater, the City's MS4, or waters of the U.S.,
the City may require by written notice to the owner of the property and/or responsible person
that the pollution be remediated and the affected property restored within a specified time
pursuant to the enforcement provisions of section 15.80.230 below.
Section 15.80.180 Reauirement to Monitor and Analvze
The City may require by written notice of requirement that any person engaged in any
activity and owning or operating any facility which may cause or contribute to stormwater
pollution, illegal discharges, and/or non -storm water discharges to the City's MS4 or waters of the
Ordinance No. 2209 N.C.S. Page 8
U.S., to undertake at said person's expense such monitoring and analyses and furnish such
reports to the City as deemed necessary to determine compliance with this Chapter.
Section 15.80.190 Notification of Soils
Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may result in
illegal discharges or pollutants discharging into stormwater, the City's MS4, or waters of the U.S.
from said facility, said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of a hazardous material said person
shall immediately notify emergency response officials of the occurrence via emergency
dispatch services (911). In the event of a release of non -hazardous materials, said person shall
notify the City's Water Resource and Conservation Department in person or by phone or
facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone
shall be confirmed by written notice addressed and mailed to the City's Water Resource and
Conservation Department within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and
the actions taken to prevent its recurrence. Such records shall be retained for at least three
years.
Section 15.80.200 Authoritv to Insoec:t
Whenever necessary to make an inspection to enforce any provision of this Chapter, or
whenever the Director has cause to believe that there exists, or potentially exists, in or upon any
premises any condition which constitutes a violation of this Chapter, the Director may enter such
premises at all reasonable times to inspect the some and to inspect and copy records related to
stormwater compliance. In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the City is hereby empowered to seek assistance from any
court of competent jurisdiction in obtaining such entry.
Section 15.80.210 Authoritv to Samole. Establish Samolino Devices and Test
During an inspection as provided in section 15.80.200, the Director may take any samples
and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site
activities.
Section 15.80.220 Fees
The Director shall collect such fees as may be authorized by the City Council to provide
for the recovery of regulatory costs, including routine inspections and other regulatory functions
associated with this Chapter. Any such fees shall be established by resolution of the City Council.
Section 15.80.230 Enforcement
A. Notice to Comply
1. Whenever the Director finds that a person has violated a prohibition or
failed to meet a requirement of this Chapter, the Director may order
compliance by written notice of violation to the responsible person. Such
notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
Ordinance No. 2209 N.C.S. Page 9
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and
desist;
(d) The abatement or remediation of stormwater pollution or
contamination of hazards and the restoration of any affected
property,
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation or maintenance of source control or treatment
BMPs.
2. If abatement or violation and/or restoration of affected property are
required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by the City or a contractor
designated by the Director and the expense thereof shall be charged to
the violator pursuant to subsection D below.
67e
Notwithstanding the provisions in subsection E below, any person receiving a Notice to
Comply under subsection A above may appeal the determination of the Director pursuant to
the provisions and procedures in section 15.04.050 of this code.
C. Abatement by City
If the violation has not been corrected pursuant to the requirements set forth in the
Notice to Comply, or in the event of an appeal under subsection B above, within 10 calendar
days of the decision of the City Council upholding the decision of the Director, then the City or a
contractor designated by the Director shall enter upon the subject private property and is
authorized to take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any owner, agent or person in possession of any premises to
refuse to allow the Director or designated contractor to enter upon the premises for the
purposes set forth above.
D. Charging Cost of Abatement/Liens
Within 30 calendar days after abatement of the nuisance by the City, the Director shall
notify the property owner of the property of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to the amount of the assessment
with the City Clerk within 15 calendar days. The City Clerk shall set the matter for public hearing
by the City Council. The decision of the City Council shall be set forth by resolution and shall be
final.
If the amount due is not paid within 10 calendar days after the decision of the City
Council or the expiration of the time in which to file an appeal under this article, the charges
shall become a special assessment against the property and shall constitute a lien on the
property for the amount of the assessment. A copy of the resolution shall be turned over to the
City Auditor so that the auditor may enter the amounts of the assessment against the parcel as it
appears on the current assessment roll, and the tax collector shall include the amount of the
assessment on the bill for taxes levied against the parcel of land.
Ordinance No. 2209 N.C.S. Page 10
E. Urgency Abatement
3 The Director is authorized to require immediate abatement of any violation of this
4 Chapter that constitutes an immediate threat to the health, safety or well-being of the public. If
5 any such violation is not abated immediately as directed by the Director, the City is authorized
6 to enter onto private property and to take any and all measures required to remediate the
7 violation. Any expense related to such remediation undertaken by the City shall be fully
8 reimbursed by the property owner and/or responsible party.
9
10 F. Violations
11
12 It shall be unlawful for any person to violate any provision or fail to comply with any of the
13 requirements of this Chapter. A violation or failure to comply with any of the requirements of this
14 Chapter shall constitute a misdemeanor and shall be punished as set forth in section 1.04.060 of
15 this code.
16
17 G. Compensatory Action
18
19 In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter,
20 the Director may impose upon a violator alternative compensatory actions, such as storm drain
21 stenciling, attendance at compliance workshops, creek cleanup, or other such similar actions.
22
23 H. Violations Deemed a Public Nuisance
24
25 In addition to the enforcement processes and penalties provided herein, any condition
26 caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to
27 public health, safety, and welfare, and is declared and deemed a nuisance, and may be
28 summarily abated or restored by the City at the violator's expense, and/or civil action to abate,
29 enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.
30
31 In addition to the remedies for nuisance abatement provided in this Chapter, the City
32 expressly reserves the right to utilize other enforcement remedies found within specific chapters
33 of the Code, remedies available under any applicable state or federal statute or pursuant to
34 any other lawful power the City may possess. All such remedies shall be alternative to or in
35 conjunction with, and not exclusive of, one another.
36
37 I. Acts Potentially Resulting in a Violation of the federal Water Pollution Control Act
38 and/or state Porter -Cologne Water Quality Control Act
39
40 Any person who violates any provision of this Chapter or any provision of any
41 requirement issued pursuant to this Chapter may also be in violation of the federal Water
42 Pollution Control Act and/or the state Porter -Cologne Water Quality Control Act and may be
43 subject to sanctions of those acts including civil and criminal penalties. Any enforcement action
44 authorized under this Chapter shall also include written notice to the violator of such potential
45 liability.
46
47 SECTION 2. If any section, subsection, paragraph, subparagraph sentence, clause or phrase of
48 this Chapter is for any reason held to be invalid or unconstitutional, such invalidity or
49 unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
50 Chapter; and the Council declares that this Chapter and each section, subsection, paragraph,
51 subparagraph, sentence, clause, and phrase thereof would have been adopted irrespective of
Ordinance No. 2209 N.C.S. Page 11
the fact that one or more of such section, subsection, paragraph, subparagraph, sentence,
clause or phrase be declared invalid or unconstitutional.
SECTION 3. The provisions of this Chapter shall be construed to assure consistency with the
requirements of the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and the Porter -
Cologne Water Quality Control Act (California Water Code § 13000 et seq.), and acts
amendatory thereof or supplementary thereto, or any applicable implementing regulations.
SECTION 4. Compliance by any person with the provisions of this Chapter shall not preclude
the need to comply with other local, state or federally statutory or regulatory requirements
relating to the control of pollutant discharges or protection of stormwater quality, or both.
14 SECTION 5. This ordinance shall become effective thirty (30) days after the date of its adoption
15 by the Petaluma City Council.
16
17 SECTION 6. The City Clerk is hereby directed to post this ordinance for the period and in the
18 manner required by the City Charter.
19
20 INTRODUCED and ordered posted/fished this 6th day of June 2005.
21
22 ADOPTED this day of 2005 by the following vote:
23
24 AYES:
25 NOES:
26 ABSENT:
ATTEST:
Claire Cooper, CMC, City Clerk
40
41
42
David Glass, Mayor
APPROVED AS TO FORM:
Richard R. Rudnonsky, City Attorney
Ordinance No. 2209 N.C.S.
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