HomeMy WebLinkAbout512 - Ordinances ORDINANCE NO. 512
AN UNCODIFI~D ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANfifO CUCAMONGA RE~JIATING NONSTORM WATER DISCHARGES
IN THE CITY OF RAN(I~O CUCAMONGA
RECITALS
i.) The Federal Clean Water Act of 1987 established the
National Pollutant Discharge Elimination System to
protect waters of the United States frcm pollution by
urban storm water runoff;
ii. ) The Federal Clean Water Act allows the U.S. ~hvironmental
Protection Agency to delegate its National Pollutant
Discharge Elimination System permitting authority to
states with an approved environmental regulatory program;
iii. ) The State of California is one of the delegated states;
iv. ) The Porter Cologne Act authorizes the State Water Quality
Control Board, through its Regional Boards, to regulate
and control the discharge of pollutants into waters of
the state and tributaries thereto;
v. ) Recognizing the regional nature of storm water runoff the
California Water Quality Control Board, Santa Ana Region
on October 26, 1990 issued Order # 90-136, and as amended
by Order # 92-43, naming the San Be~ County Flood
Control District, San Bern~ County, and the sixteen
incorporated cities c~mprising the cities and the un-
incorporated areas in San Bernardino County within the
jurisdiction of the Santa Aria Regional Board as
CoPermittees on a regional Municipal Discharge Permit;
vi. ) The Order includes the City of Rancho Cucamonqa as a Co-
Permittee;
vii.) Order # 90-136, as amended, prescribes waste discharge
requirements for urban storm water runoff;
viii.) Order # 90-136, as amended, requires the Co-Permittees to
enact legislation and ordinances as necessary to ensure
compliance with the storm water management programs and
the implementation plans specified in the Order;
ix.) Order # 90-136, as amended, requires the Co-Permittees to
pursue enforcement actions as necessary to ensure
compliance with the storm water management programs and
the implementation plans specified in the Order;
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCMO CIEAMDNGA
DOES HEREBY ORDA/N AS FOLLOWS:
Ordinance No. 512
Page 2
In all respects as set forth in the Recitals, Part A, of this
STORM DRAIN ORDINANCE
Section 1 Authority, Purpose and Policy, Definition~
1.01 ..................................................... Authority
1.02 .......................................................
1.03 ................................................... Definitions
1.04 ...................................................... Conflict
Section 2 General Comditions and Prohlhition.~.
2.01 ................................................ Administration
2.02 ........................................................ Notice
2.03 ................................................... Connections
2.04 ..........................Protection of the Storm Drain System
2.05 ....................................Prohibited Discharges
2.06 .......................Exceptions to the Prohibited Disc~es
2.07 .... Notification of Intent and Compliance with General Permits
2.08 ...............Compliance with Best Management Practices (BMP)
2.09 .............................................Spill Containment
2.10 ................Immediate Notification of Accidental Discharge
2.11 ..................Written Notification of Accidental Discharge
Section 3 Residential and Commercial R~qu. lremen~
3.01 .................................................. Prohibitions
3.02 .................................................... Exemptions
3.03 ..................................... Best Management Practices
3.04 .............................................. Permits Required
Section 4 Industrial Requ~rement~
4.01 .................................... Non-Storm Water Discharges
4.02 .................................................... Exemptions
4.03 ..................................... Best Management Practices
4.04 .............................................. Permits Required
Section 5 Construction R~i~emen~-~
5.01 .......................... Permitted Non-Storm Water Discharges
5.02 ..................................... Best Management Practices
5.03 .............................................. Permits Required
Section 6 Enfor~t
6.01 ..........................................Authority to Inspect
6.02 ................... Notice of Violation and Notice to Reinedlate
6.04 ........................................Falsifying Information
6.05 ........................................Administrative Hearing
6.06 .........................................Administrative Orders
6.07 .......................................................Appeals
6.08 ............................................Criminal Penalties
6.09 ......................................Cc~tion for Damages
Ordinance No. 512
Page 3
SECTION 1
AUTHOR/TY, PURPOSE AND POLICY, DEFINITIONS
SECTION 1.01 AUTHOR/TY
This Ordinance is enacted pursuant to authority conferred by law
including, but not limited to, the Federal Clean Water Act (33 U.S.C.
1251, et seq.); the Code of Federal Regulations (CFR) Part 122;
Porter Cologne Act; and, National Pollutant Discharge Elimination
System Permit No. CA 8000200 issued by the California Water Quality
Control Board, Santa Ana Region.
SECTION 1.02 PURPOSE
Tne purpose of this Ordinance is to promote the future health, safety
and general welfare by controlling and/or eliminating non-storm water
discharges into the City of Rancho Cucamonga storm drain system.
This will be accomplished by eliminating all non-permitted discharges
to the municipal separate storm sewers, controlling the discharge to
municipal separate storm sewers from spills, dumping or disposal of
materials other than storm water, and reducing pollutante in storm
water disc/~es to the maximum extent practicable.
Tne intent of this ordinance is to protect and enhance the water
quality of our watercourses, water bodies, ground water and wetlands
in a manner pursuant to and consistent with federal, state, and local
laws and regulations.
SEef ION 1.03 DEFINITIONS
BMP. BMP shall mean any Best Management Practice, Best
Management Guide 1 ine, or Best Management
regional, or local agency as applicable to the
storm drain system.
~ Permit. City Permit shall mean any permit issued by the
City of Rancho Cucamonga.
Construction Activity. Construction Activity shall mean any activity as
defined by the State Water Resources Board or the
Regional Water Quality Control Board, Santa Ana
Region, whichever is more restrictive, that
necessitates securing an NPDES Permit or NOI.
IllecFal Discharqe. Illegal Discharge shall mean any discharge to the
storm water drainage system that is not composed
entirely of storm water or contains constituents
not provided for under Prohibited Discharges
Section 2.06.
Ordinance No. 512
Page 4
Illicit Connection. Illicit Connection shall mean any connection to
the storm water drainage system that is not
permitted pursuant to a valid NPDES Permit or
written approval by the City.
NOI. NOI shall mean a Notice of Intent to c~mply with
an adopted NPDES storm water permit.
Non-Storm Water. Non-storm water is any water not associated with
storm runoff and that originates on or traverses
any property.
NPDES Permit. NPDES Permit shall mean any permit issued
pursuant to the NPDES program under the Federal
Clean Water Act.
NPDES. NPDES shall mean the National Pollutant Discharge
Elimination System.
Receivinq Water. Receiving Water shall mean all waters of the
United States and tributaries of waters of tb~
United States that are used for recreational or
other purposes; from which fish or shell fish are
taken; or which are used for industrial purlDoses
Storm Drain System. Storm Drain System shall mean all of the property
owned, leased, or controlled by the City and used
directly or indirectly in the collection,
conveyance, storage or disposal of storm water
and including, but not limited to, conduits,
natural or artificial drains, channels, basins
and water courses, together with appurtenanoes,
pumping stations and equipment.
Storm WaterPollution Storm Water Pollution Prevention Plan shall mean
Prevention Plan. the plan as described in the General Construction
Activity Storm Water Permit as issued by the
State Water Resources Control Board on August 20,
1992 and as may be amended.
Swimminq pool. Swimming Pool is any body of water created by
artificial means designed or used for swimmirg,
immersion or therapeutic purposes.
User. User is the owner, tenant, or other lawful
possessor of the premise.
Ordinance No. 512
Page 5
S~TION 1.04 CONFLICT
The provisions of this Ordinance shall govern where such provisions
are inconsistent with any other Ordinance of the City.
SECT/ON 2
GENERAL CONDITIONS AND PRfTHIBITIONS
S~CTION 2.01 ADMINI~TION
Except as otherwise provided herein, the City Engineer for the City
of Ram_ho Cucamonga shall administer, implement and enforce the
provisions of this Ordinance. Any powers granted or duties imposed
upon the City Engineer may be delegated by the City Engineer to
persons acting in the beneficial interest of or in the employ of the
City of Rancho Cucamonga.
SECTION 2.02 NOTICE
Unless otherwise provided herein, any notice required to be given by
the City Engineer under this Ordinance shall be in writing and served
in person or by first class or registered or certified mail. Notice
shall be deemed to have been given at the time of deposit, postage
prepaid, in a facility regularly serviced by the United States Postal
Service.
SECT/ON 2.03 CCEqNECT/ONS
The discharge or diversion of storm water or m-storm water is
permissible only when connection to the storm drain system is made in
aocordance with a valid City permit, approved construction plan, or
an NPDES permit and/or an NOI, and tba discharge conforms to tba
standards of Section 2.06.
It is prohibited to establish, use, maintain and/or continue any
illicit connections to the City storm drain system. This prohibition
is retroactive and applies to connections made in the past,
regardless of whether made under a permit or other authorization or
whether permissible under the law or practices applicable or
prevailing at the time of the connection. Permits are required for
the construction or modification of any storm drain or conveyor of
drainage waters and appurtenant items within:
(1) Dedicated easements, rights-of-way, or public place and/or
facility;
(2) Private property so as it may directly or indirectly discharge
into the storm drain system. Indirect discharg~ include, bat
are not necessarily limited to, under sidewalk drains, driveway
approaches, and unrestricted sheet flow.
Ordinance No. 512
Page 6
S~"EION 2.04 PROTECTION OF THE CITY STORM DRA/N SYSTEM
Without prior written approval of the City Engineer, no person shall
construct or modify or cause to be constructed or modified any
structure, facility, or appurtenant items which may alter the normal
functioning of the City storm drain system, including actions which
may alter the capacity, fall, or structural integrity of a storm
drain, channel, or related structures.
SECTION 2.05 PROHIBITED DISCHARGES
It is prohibited to:
(1) Discharge directly or indirectly into the City storm drain
system any non-storm w~ter or other solid, liquid or gaseous
matter in violation of any law, rule, regulation, permit, order
or other requirement of any federal, state, county, municipal or
other governmental entity or agency.
(2) Discharge non-storm water directly or indirectly to the storm
drain system or any street, lined or unlined drainage ditch
which leads to a public storm drain, unless such disc/%arge is
permitted by an NPDES Permit or a City permit. If such
disc~e is permitted by a NPDES Permit, but causes the City to
violate any portion of its NPDES Permit for storm water
discharges, such discharge is also prohibited.
(3) Throw, deposit, leave, maintain, keep, or permit to be thrown,
deposited, placed, left or maintained, in or upon any street,
alley, sidewalk, storm drain, inlet, catch basin, corrkxit or
other drainage structures, business place, or upon any public or
private lot in the City, any refuse, D~bb_ish, garbage, or other
discarded or abandoned objects, articles, accumulations, or any
substance that pollutes or may pollute storm water.
(4) Throw or deposit litter in any publically owned, maintained, or
operated body of water within the City.
SECTION 2.06 EXCEPTIONS TO ~X{E PROHIBITED DISC~ARG~
The following discharges are exempt frce the Prohibited Discharges
listed in Section 2.05:
(1) Waterline flushing and other discharges frum potable water
sources, provided that the chlorine residual in any heavily
chlorinated water used to disinfect water storage facilities or
water mains is thoroughly neutralized prior to contacting
receiving waters;
(2) Landscape irrigation, lawn watering, and irrigation water;
Ordinance No. 512
Page 7
(3) Diverted stream flows, rising ground water, infiltration of
separate storm drains, springs, flows from riparian habitats and
wetlands;
(4) Uncontaminated pumped ground water, foundation and footing
drains, water from crawl space pumps, air conditioning
condensation;
(5) Individual residential car washings, de-chlorinated swimming
pool discharges; and,
(6) Flows from fire fighting.
SECTION 2.07 NOTIFICATION OF ~ AND (I2MP;,TANCE WITH GEA~ERAL PEFMITS
Each industrial disc~er, discharder associated with construction
activity, or other disc~er, described in any general storm water
permit addressing such discharges, as may be adopted by the United
States Environmental Protection ~ency, the State Water Resources
Control Board, or the California Regional Water Quality Control
Board, Santa Ana Region, shall provide NOI, comply with, and
undertake all other activities required by any general NPDES storm
water permit applicable to such discharges.
Each discharger identified in an individual NPDES permit or Discharge
Order relating to storm water discharges shall cc~ly with and
undertake all activities required by such permit or order.
SECTION 2.08 COMPLIANCE WITH BEST MANAGeMEnT PRACTICES ([~p)
Any person undertaking any activity or operation that causes or
contributes to illegal discharges or storm water pollution shall
comply with all applicable BMPs.
S~DCTION 2.09 SPILL ~
Spill contairment systems, as may be requ~ed, shall conform to
requirements established by the City Engine. No person shall
operate a spill conta/nment system that allows ir~tible liquid to
mix thereby creating hazardous or toxic su~ in the event of
failure of one or more containers.
Spill containment systems shall consist of a system of dikes, walls,
barriers, herms, or other devices designed to contain spillage of tba
liquid contents of containers. Spill containment systems shall be
constructed of impermeable and non-reactive materials to the liquids
Spilled or leaked w-uste and accumulated precipitation shall be
removed from the spill containment system in as timely a manner as is
necessary to prevent overflow of the collection system. Unless
Ordinance No. 5 12
Page 8
otherwise approved in writing by the City Engineer, all chemicals or
wastes discharged within the collection area shall be disposed of in
accordance with all applicable federal, state, and local laws and
regulations and not disch%rged to the public sewer, the storm drain
system, or the ground.
SECTION 2.10 IMMEDIATE NOTIFICATION OF AQCIDElVTAL DISCHARGE
Protection of the Storm Drain system from the accidental disc/%arge of
prohibited material is the responsibility of the person or persons in
charge of the facility where such discharges my occur. Detailed
plans showing facilities and operating procedures to provide this
protection shall be sulnitted to the City for review, and shall be
approved by the City Engineer prior to any construction. All plans
shall include provisions for the immediate notification to the City
of accidental discharges which may enter the City storm drain
system. All existing users shall camplete such a plan. Review and
approval of such plans and operating procedures shall not relieve the
user from the responsibility to modify the user's facility as
necessary to meet the requirements of this Ordinance.
S~"F/ON 2. ll ~ NOTIFICATION OF ACCIDB]VTAL DISCHARGE
A notice shall be permanently posted in a prc~/nemt place advising
employees who to contact in the event of an accidental discharge.
Employers shall ensure that all employees are advised of the
emergency notification procedures.
In the event of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the applicable local,
federal, and state offices.
Within five (5) working days following an accidental discharge to the
storm drain system the person or persons in charge of the facility
permitting the accidental discharge shall su~t a written report to
the City Engineer. The report shall describe in detail the type,
volume and cause of the discharge, corrective actions taken, and
Such notification shall not relieve the user of any fines or civil
penalties incurred as a result of such event, or any other liability
which may be imposed by t/lis Ordinance or other applicable laws.
SECTION 3
RESIDm~IAL AND ~ PaUJn~qTS
(Reserved)
Ordinance No. 512
Page 9
S~CIICN 4
SECTION 5
SECTION 5.01 PE~MITI~D NON-STORM ~TER DIS(~{~RGES
The follc~ing permitted non-storm water discharges are allowed under
the General Construction Permit so long as they ccmply with ~MPs as
described in the Storm Water Pollution Prevention Plan (SWPPp) and
they do not cause or contribute to violation of any water quality
standard or federal, state, or local law or regulation.
(1) Landscape irrigation of erosion control measures;
(2) Waterline flushing and testing as provided for in Section 2.06;
(3) ~rest washing;
(4) D~wa~r~;
(5) Dust Control;
(6) Soil CEmpaction; and,
( 7 ) Discharges of non-storm water as may ~e nece~ for
performance and completion of certain construction projects.
SECTION 5.02 BEST MANAG~4ENT PRACTICES
S~'TION 5.03 PERMITS REQUIRe)
Any individual or entity wishing to engage in construction activity
shall comply with Section 2.07, and provide evidence of compliance
prior obtaining any City issued grading or construction permits.
SECTION 6
S]DCTION 6.01 A~RITY TO INSPECT
The City Engineer, or designated representative, shall be authorized
at any reasonable time to enter the premises of any user of the storm
Ordinance No. 512
Page 10
drain system to determine compliance with the provisions of this
Ordinance, and to:
(1) Conduct inspection, sampling, monitoring, and/or other
authorized duties to enforce the provisions of this Ordirk3nce;
(2) Review any records, reports, test results or other information
required to enforce the provisions of this Ordinance. Such
review may include the necessity to photograph, videotape, or
copy any applicable information; and,
( 3 ) Inspect any wastes, chemicals, storage areas, storage
containers, waste generating processes, treatment facilities,
and disc~e locations. Such inspection may include the
necessity to photograph or videotape any applicable wastes,
chemicals, storage areas, storage containers, waste generating
processes, treatment facilities, and disc~e locations.
Adequate identification shall be provided by the City Engineer, or
designated representative, when entering the premises of any user.
If such entry is refused or cannot be obtained, the City Engineer
shall have recourse to every remedy provided by law to secure lawful
entry and inspection of the premises.
If the City Engineer has reasonable cause to believe that non-storm
water discharge conditions on or emanating frc~ the premises are so
hazardous, unsafe, or dangerous as to requi~e immediate inspection to
safeguard the public health or safety, the City EngiPmar shall have
the right to immediately enter and inspect the property, and may use
any reasoDable means required to effect such entry and make such
inspection and take all necessary steps to protect the public health
and safety, whether the property is occupied or unoccupied and
whether or not formal permission has been obtained.
Where a user has instituted security measures requiring proper
identification and clearance before entry onto the premises, the user
shall make all necessary arrangements with its security guards in
order that, upon presentation of such identification, duly designated
City personnel shall be permitted to enter the premises without delay
for the purpose of performing their authorized duties. For
facilities which require special clearances to conduct ins~ions,
it shall be the responsibility of the user to obtain all necessary
clearances on behalf of the City so that City inspections are not
SECT/ON 6.02 NOTICE OF VIOLATION AND NOTICE TO PaMEDIATE
Whenever the City Engineer finds that any user has violated or is
violating this or any provision of this OrdixklxX~, an NPDES storm
water permit or City permit the City Engineer may serve upon such
Ord/nance No. 512
Page 11
person a written notice stating the nature of the violation and
stating the penalties for continued non-cc~pliance.
If required in the notice, the user shall subnit to the City
Engineer, within a prescribed period specified in the notice, which
period shall not be less than ten (10) working days unless an
emergency situation dictates a shorter period, a plan indicating the
cause of the violation, corrective actions which will be taken to
prevent recurrence and, if required, a proposed compliance schedule
indicating the dates those corrective actions will be completed.
Whenever the City Engineer firr~ any non-permitted, prohibited
substance discharge or any other material of any kind, in or upon the
sidewalk abutting or adjoining any parcel of land, or upon any parcel
of land or grounds, which may result in an increase in pollutants
entering the City storm drain system, the City Engineer may give
notice to remove any non-permitted, non-prohibited ~!__hstance
discharge that the City may provide. The ~ial/ccmmmrcial user
who receives such a notice shall undertake the remediation activities
as described in the notice.
SECTION 6.04 FALSIFYING INFORMATION
It shall be unlawful for any person to knowingly make any false
statement, representation, record, report, plan, or other document
and utilize the same in connection with the application for or
exercise of a storm water discharge permit, or to falsify, tamper
with, or render inaccurate monitoring devices or methods required
under this Ordinance.
SD,"T/ON 6.05 AEMINI~ HEARING
Any user may request in writing, or the City Engineer may order an
administrative hearing, at which a user who causes or allows or who
has caused or allowed an unauthorized discharge to enter the City
storm drain system shall show cause why a proposed enforcement action
should not be taken. An administrative hearing officer who is a city
officer not directly involved in enforcement of th~ Ordinance shall
preside over the administrative hearing, at which each party,
including the user and the City Engineer, shall have the right to
present evidence.
A notice shall be served on the user specifying the time and place of
the hearing regarding the violation, the reasons why the action is to
be taken and proposed enforcenmnt action, directing the user to show
cause before the hearing officer why proposed enforcement action
should not be taken. The notice of hearing shall be served
personally or by registered or certified mail, return receipt
requested, at least ten (10) working days before the hearing.
Service may be made on any agent or officer of the user.
Ordinance No. 512
Page 12
SFrrION 6.06 AEMINISTRATIVE ORDERS
The City Engineer may require compliance with this Ordinance, NPDES
permit, or City permit by issuing administrative orders that are
enforceable in a court of law or by directly seeking court action.
Administrative orders may include stop work orders, cease and desist
orders, termination of service orders and ~ate termination of
service orders.
(1) Stop Work Order - the City Engineer may serve a written stop
work order on any person engaged in doing or causing to be done
new construction, tenant improvements, alterations or additions,
if:
a. A City permit is required and no permit has been granted
by the City,
b. Work has begun without prior written approval by the City
Engineer; or,
c. Violations of this ordm are found at the site of the
new construction, tenant improvements, alterations or
additions.
Any person served a stop work order shall stop such work forthwith
until written authorization to continue is received frown the City
(2) Cease and Desist Order - when the City Engineer finds that any
ir~h~trial/~cial user has violated or threatens to violate
any provisions of this Ordinance or NPD~ storm water permit or
City permit, the City Engineer may issue a cease and desist
order directing the user to:
a. Comply immediately; or
b. Comply in accordance with a time schedule specified in the
cease and desist order.
A cease and desist order may include modifications in the
frequency of monitoring, testing and suknission of self-
monitoring reports.
(3) Term/nation of Service - when the City Engineer finds any
industrial/c~ii~ercial user has violated an administrative order,
the City Engineer may terminate storm drain service to the
user. The user shall be liable for all costs for termination of
storm drain service incurred by the user and the City. This
provision is in addition to other statutes, rules or regulations
authorizing termination of service for delinquency payment, or
for any other reasons. Storm drain service shall be
reinstituted by the City Engineer after the user has complied
Ordinance No. 512
Page 13
with all the provisions of the administrative order. The user
shall also be liable for all costs for reinstituting storm drain
service.
(4) Immediate Term/nation of Service - the City EngiP~ may
immediately suspend storm drain service and any City permit when
such suspension is necessary, in the opinion of the City
Engineer, to stop an actual or threatened disc/large which
presents or may present an ~t or substantial endangerment
to the health or welfare of persons or the environment, or which
significantly causes pollution to the receiving waters, ground,
and water courses of the City. Any industrial/cc~mBrcial user
notified that storm drain service NPD~ permit or City permit
has been suspended shall immediately stop and eliminate the
applicable contributions to the storm drain system.
In the event of failure to comply voluntarily with the
suspension order, the City Engineer shall take steps as deemed
necessary, including immediate severance of storm drain
connections. The industrial/cc~nercial user shall be liable for
all costs incurred by the City in terminating storm drain
service. Storm drain service may be reinstituted by the City
Engineer after the actual or threatened discharge has been
eliminated. A detailed written statement, suhnitted by the
industrial/ccmmmrcial user, describing the cause of the harmful
contribution and the measures to prevent any future occurrence
shall be suknitted to the City Engineer within fifteen (15)
working days of the date of storm drain service termination.
The City Engineer may adopt a proposed compliance schedule sutmlitted
by the user, or may adopt a revised cc~plimnc~ schedule if, in the
judgment of the City Engineer, the cce~liance schedule would allow
the user to cause harm to the receiving waters and/or City storm
drain facilities.
The City Engineer will notify the user of tba adopted cumpliance
schedule in a timely manner. Tne City Engineer shall not adopt a
compliance schedule which extends beyond applicable federal
guidelines.
SEETION 6.07 APPEALS
Any decision of the City Engineer or the administrative hearing
officer may be appealed pursuant to Section 15.08,020 of the Rancho
Cucamonga Municipal Code as may be amended from time to time. Tne
imposition of fines or penalties shall be stayed during the appeal
period unless the City Engineer or administrative hearing officer, as
applicable, determines that such a stay would threaten the public
safety, health or welfare.
Ordinance No. 512
Page 14
SECTION 6.08 ~ PENALTIES
It shall be unlawful for any person, firm, partnership or corporation
to violate any provision or to fail to comply with any of the
requirements of this Ordinance hereby adopted. In addition to any
other penalties imposed by law, any person, firm, partnermhips or
corporation violating any provision of said Ordinance or failir~ to
comply with any of its requirements shall be deened guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
of not exceeding one thousand dollars ($1,000.00), or by
imprisonment. Each such person, firm, partnership or corporation
shall be deemed guilty of a separate offense for each and every day
or any portion thereof during which any violation of any of the
provisions of said Ordinance is committed, continued, or permitted to
continue by such person, firm, partnership or corporation and shall
be deemed punish_able therefor as provided herein.
SECTION 6.09 COMP~lqSATION FOR DAMAGES
Any person who damages monitoring equipment, detrimentally affects
the water quality of the United States, significantly increases
maintenance of, requires non-routine inspection or sampling, causes
blockages of, damage to, interference with storm drain facilities, or
causes any other damages, including the imposition of fines or
penalties on the City by federal, state or local regulatory agencies,
shall be liable to the City for all damages and additional costs,
including fines and penalties, occasioned thereby. An administrative
fee, as may be set by Resolution of the City Council, shall be added
to these charges and shall be payable to the City within thirty (30)
calendar days of invoicing.
SECIION 7.00 CIVIL R/~4MDIES AVAIIABLE
The violation of any of the provisions of this Ordinance shall
constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent
injunction, pursuant to Section 8.23 of the Rancho Cucamonga
Municipal Code, or in any other manner provided by law for the
abatement of such nuisance.
SECTION 8.00 SEVERABII.ITY
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any r~_~on deemed or held to be invalid or
unconstitutional by the decision of any court of ccmpetent
jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance. The City Council of the City of
Rancho Cucamonga hereby declares that it would have adopted thi~
Ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more
sections, suksections, sentences, clauses, phrases, or other portions
might subsequently be declared invalid or unconstitutional.
Ordinance No. 512
Page 15
SECTION 9. O0 PUBLICATION
Tne Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage
at least once in The Inland Valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga.
PASSED, APPROVED, and ADOI~ this 2nd day of June, 1993.
AYES: Alexander, Buquet, Gutierrez, Williams
NO ES: None
ABS~lqT: Stout
I, DFRRA J. ADAMS, CITY cr.~RK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the
19th day of May, 1993 and was finally passed at a regular meeting of the City
Council of the City o~ Rancho Cucamonga held on the 2nd day of June, 1993.
Executed this 3rd day of June, 1993, at Rancho Cucamonga, California.
Dehra J. A~_ms, City Clerk