HomeMy WebLinkAbout1543 - ORDINANCES - 4/16/1997 ORDINANCE NO. 1543
AN ORDINANCE OF THE CITY OF PALM SPRINGS, '
CALIFORNIA, ADDING CHAPTER 8.70 ENTITLED
"STORM WATER MANAGEMENT AND DISCHARGE,
CONTROLS" TO THE PALM SPRINGS MUNICIPAL
CODE
WHEREAS, the Federal Water Pollution Control Act, amended in 1977 as the Clean
Water Act, was amended in 1987 to establish new controls on industrial and municipal Storm
Water Discharges, including requiring a National Pollutant Discharge Elimination System
("NPDES") permit for Storm Water Discharges from municipal separate storm sewer systems
("MS4s");
WHEREAS, the State of California is authorized to administer various aspects of the
NPDES program Linder the Clean Water Act within the State;
WHEREAS, the State Water Resources Control Board regulates the Discharges of
Pollutants into waters of the State through the California Regional Water Quality Control Boards,
and specifically through the Colorado River Basi- "egional Water Quality Control 3oard
("Regional Board") for the area within the jurisdiction of the City of Palm Springs,
WHEREAS, on May 22, 1996, the Regional Board issued Order No. 96-015, (NPJDES
No. CAS 617002) concerning Waste Discharge Requirements for, among other entities, the
incorporated cities of Riverside County within the White Water River Basin for Storm Water
Discharges;
WFIE.REAS, the City o: ;lm Springs is a Permittee under Order No. 96-015, along ,;dh
other incorporated cities and other entities within Riverside County;
WHEREAS, the purpose of this Ordinance is to establish the legal authority as required br
the regulations to the Clean Water Act, and to comply with the other legal requirements set Fort],
in Order No. 96-015;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OI, PALM Sl :INGS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Palm Springs Municipal Code is hereby amended by adding new Chapter 8.70
entitled "Storm Water Management and Discharge Control" to the Municipal Code, which reads
as follows:
Chanter 8.70 ,
ST9, RTv1 WAT_CR MANAGEMENT AND DISCHARGE CONTROLS
Sections:
8.70.010 Purpose and Intent. I
8,70.020 Definitions.
8.70.030 Responsibility for administration.
8.70.040 Regulatory consistency.
8,70,050 Illicit Discharges prohibited.
' 8.70.060 Reduction of the Discharge of Pollutants to Storm Drain Systems.
8.70,070 Illicit Connections prohibited,
8,70.090 Outdoor storage areas - commercial and industrial facilities.
870.090 Construction sites.
8,70.➢00 New development and redevelopment.
8.70,110 Compliance with general permits.
8.70.120 Compliance with BMPs.
8.70.130 Notification.
9.70.140 Inspection and enforcement.
8.70,010 Purpose-and Intent. The purpose of this Ordinance is to ensure the future
health, safety, and general welfare of the citizens of the City by:
A. Regulating Non-Storm Water Discharges to the municipal separate storm drain;
B. Controlling the discharge to municipal separate storm drains from spills, dumping
or disposal of materials other than Storm Water; and
C. Reducing pollutants in Storm Water Discharges to the maximum extent practicable.
D. Protecting and enhancing the water quality of City watercourses, water bodies,
' groundwater, and wetlands in a manner pursuant to and consistent with the Clean Water Act.
8.70.020 Definitions. The terms as used in this Chapter shall have the following
meanings:
(1) "40 CFR' means Title 40 of the Code of Federal l:cgulations
(2) "Best Management Practice (BMPS)" means schedules of activities, prohibitions
of practices, general good housekeeping practices, maintenance procedures, educational
programs, and other management practices to prevent or reduce the Discharge of Pollutants
directly or indirectly to waters of the United States. BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, and drainage from raw materials storage. The California Storm Water Best Management
Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a
detailed discussion ofBMPS.
(3) "CEQA" means the California Environmental Quality Act, California Public
Resource Code Sections 21000 el. seq., and the regulations thereunder.
(4) "City" means the City of Palm Springs.
(5) "County" means the County of Riverside.
(6) "Clean Water Act" means the Federal Water Pollution Control Act, amended in
1977 as the Clean Water Act (Title 33 U.S.C. § 12.51 el seq.), and amended in 1987 to establish
new controls on industrial and municipal Storm Water Discharges, and any and all subsequent
amendments thereto.
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(7) "Director" means the City of Palm Springs Director of Transportation or his or her
designee.
(8) "Discharge" means any release, spill, leak, pump, flow, escape, dumping, or
disposal of any liquid, semi solid or solid substance except discharges pursuant to a NPDES
permit, exempted discharges or conditionally exempted discharges.
(9) "Hazardous Substance" means any "Hazardous Substance" as that term is defined
under California Health and Safety Code Sections 25281(g), 25501(o) and 25501.1, and pursuant
to Title 42, Section 9601(14) of the United States Code; any `hazardous waste" as that term is
defined under Title 42 Sections 6903(5) of the United States Code, and under California Health
and Safety Code Section 25550(p); any "hazardous material' as that term is defined under
California Health and Safety Code Section 25501(n); and chemical which the Governor of
California has identified as a chemical known to cause cancer Of reproductive toxicity, pursuant to
California Health and Safety_ Code 25249.8, and any crude oil or refined or unrefined petroleum
product, or any fraction or derivative thereof, and any asbestos or Asbestos Containing Material.
The term "Hazardous Substance" includes any amendments to the above-referenced statutes and
regulations.
(10) "Illicit Connection" means any physical connection to a Storm Drain System which
has not been permitted by the City, the County of Riverside, the Riverside County Flood Control
and Water Conservation District, the Regional Board, or other appropriate public body.
(11) "Illicit Discharge" means any Discharge to the Storm Drain System that is not
composed entirely of Storm Water Runoff' except Discharges made pursuant to a National
Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Sanu
Ana, San Diego, or Colorado River Basin Regional Water Quality Control Boards
(12) "Impervious Surface" means any surface that prevents or significantly reduces the
entry of water into the underlying soil resulting in runoff from the surface in greater quantities
and/or at increased rates when compared to natural conditions prior to development including but
not limited to parking lots, driveways, roadways, storage areas, rooftops. The Impervious
Surfaces commonly result from paving, compacted gravel, connected earth, and oiled earth.
(13) "MS4" means Municipal Separate Storm Sewer System.
(14) "Maximum Extent Practicable" means the standard for implementation of Storm
Water management programs to reduce Pollutants in Storm Water. Deciding; factors shall include,
but are not limited to, gravity of the problem, public health risk, societal concern, environmental
benefits, Pollutant removal effectiveness, regulatory compliance, public acceptance, chance for
successfiil implementation, cost and technical feasibility.
(15) "Municipal NPDES Permit" means an area-wide NPDES permit issued to a
government agency or agencies for the Discharge of Storm Water fi-om a Storm Water System.
(16). "National Pollutant Discharge Elimination System (NPDES)" Permit means P
Storm Water Discharge permit issued by the Colorado River Basin Regional Water Qualil '
Control Board or the State Water Resources Control Board in compliance with the Federal Cleat
Water Act.
(17) "Non-Storm Water Discharge" means any Discharge to the; Storm Drain System
that is not entirely composed of Storna Water. �A
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(18) "Person" means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity which is recognized by law as
the subject of rights or dues.
(19) "Pollutant" means the following liquid, solid or semi-solid substances, or any
combination thereof: (1) Artificial materials, chips or pieces of natural or man-made materials
(such as floatable plastics, wood or metal shavings); (2) Household waste (such as trash, paper,
plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and
fertilizers; used oil and fluids from vehicles, lawn mowers and other common household
equipment); (3) Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel,
chromium, and non-metals, such as phosphorus and arsenic; (4) Petroleum hydrocarbons (such as
crude oils, fuels, lubricants, surfactants, waste oils, solvents, coolants, condensate and grease); (5)
Excessive eroded soils, sediment and particulate materials; (6) Animal wastes (such as Discharge
from confinement facilities, kennels, pens and recreational facilities, including, stables, show
facilities, or polo fields); (7) Substances having characteristics with a pH of less than 6.5 or greater
than 8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or
enterocoecus, (8) Waste materials and wastewater generated on construction sites and by
construction activities (such as painting and staining, use of sealants, glues, limes; excessive
pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos
fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery
fluids; construction equipment washing, concrete pouring and cleanup wash water or use of
concrete detergents; steam cleaning or sand blasting residues, use of chemical degreasing or
diluting agents; and super chlorinated water generated by potable water line flushing); (9)
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total
' organic carbon; (10) Materials which contain base/neutral or acid extractable organic compounds;
(11) Pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal Clean Water Act; (12)
Any other constituent or material that may adversely affect the beneficial uses of the receiving
waters, flora or fauna of the State, as determined by the State Board or the Regional Board. The
term"Pollutant" shall not include uncontaminated Storm Water Runoff, potable water or reclaimed
water generated by a lawfully permitted water treatment facility.
(20) "Premises" means any building, lot, parcel of land, land or portion of land whether
improved or unimproved.
(21) "Receiving Waters" means all surface water bodies within the permit area,
including the White Water River Basin.
(22) "Regional Board" means the Colorado River Basin Regional Water Quality
Control Board,
(23) "Runoff' means any Runoff including Storm Water and dry weather flows from a
drainage area that reaches a receiving water body or subsurface. During dry weather it is typically
comprised of many base flow components either contaminated with Polhrtants or uncontaminated.
(24) "State Board" means the State water Resources Control Board.
(25) "Storm Drain System" means any facility by which Storm Water may be conveyed
to waters of the United States. The Storm Drain System includes but is not limited to any roads
with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches,
aqueducts, storm drains, inlets, conduit or other drainage structure.
(26) "Storm Water" means water which originated from atmospheric moisture (rainfall
or snow melt) and that falls onto land, water, or other surfaces.
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(27), "Storm Water Runoff' means surface Runoff and drainage associated with rain
storm events and snow melt.
(28) "USEPA" means the United States Environmental Protection Agency. '
8 70.030 Responsibility for Administration. This Chapter shall be administered for
the City by its Director of Transpor Cation and his or her designee..
8.70.040 Regulatory Consistency, This Chapter shall be construed to assure
consistency with the requirements of the Clean Water Act and acts amendatory thereof or
supplementary thereto, applicable implementing regulations, and any existing or future Municipal
NPDES Permits and any amendments, revisions or reissuance thereof.
8 70 050 Illicit Discharge-s-prohibited.
(1) No person shall cause, facilitate or permit any Illicit Discharge to the Storm Drain
System except as follows:
(A) Discharges regulated under an NDPES Permit or pursuant to a waiver which has
been issued to the discharger and which is being administered by the State of California under the
authority of the USEPA, provided that said Person is in full compliance with the applicable
NPDES permit and/or the waiver and any conditions of the waiver and all other applicable laws or
regulations.
(B) Discharges front the following activities, unless otherwise regulated herein:
a. water line flushing;
b. landscape irrigation;
C. diverted stream flows;
d. rising ground waters;
e. uncontaminated ground water infiltration (as defined in 40 CFR
35.2005(2.0) to separate storm sewers;
f, contaminated pumped ground water;
g. Discharges from potable water sources;
It. foundation drains;
i. air conditioning, condensate;
j. irrigation water;
k. springs;
1, water from crawl space pumps;
M. footing drains;
n. lawn watering;
o. individual residential or noncommercial ear washing;
P. flows from riparian habitats and wetlands;
q. dechlorinated swimming pool Discharges;
r. Discharges or flows from emergency fire fighting activities;
S. street wash water;
t. fire hydrant flow testing; and
u, waters not otherwise containing wastes as defined in the California Water
Code Section 13050(d).
(2) Any Person who violates the terms of this Section shall immediately commence all
appropriate response action to investigate, assess, remove and/or reme diate any Pollutants
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Discharged as a result of such violation, and shall reimburse the City or other appropriate�
governmental agency, for all costs incurred in investigating, assessing, monitoring, removing,
cleaning up, treating, and/or remediating any Pollutants resulting from such violation, including all
' reasonable attorneys fees and environmental and related consulting fees incurred in connection
therewith.
9.70.060_ Reduction of the Discharge of Pollutants to Storm Drain Systems.
(1) No Person shall Discharge, or cause or permit to be Discharged, any "Waste,"
"Yard Waste," "Hazardous Waste." or "Infectious Waste" (as such terms are defined in Chapter
6.04 of this Code) into the Storm Drain System including depositing, placement, or maintenance
of any refuse, rubbish, or garbage and/or any abandoned vehicles, upon or into any public or
private property or any Premises located in the City, except through the discarding, depositing,
disposal, or placement in containers, barrels, and/or bins to be used for the proper containment
and transportation of such materials, and except for the disposal of such materials at properly
licensed and permitted solid and/or hazardous waste facilities.
(2) Any Person violating this Section shall immediately cause the proper collection and
abatement of such waste material and shall remedy and clean up any property and/or any portion
of the Storm Drain System directly or indirectly affected by such Discharge.
(3) Any and all costs and expenses incurred by the City in assessing and abating a
violation of this Section may be assessed against all violating Persons, including all administrative
expenses and legal fees and costs incurred by the City in assessing and abating the Discharge and
' in enforcing the terms of this Section.
8,70.070 Illicit Connections prohibited. No Person shall construct, utilize, maintain,
operate or permit, the existence of any Illicit Connection on any Premises owned or operated by
such Person that connects directly or indirectly to the Storm Drain System. Any Illicit Connection
constructed, utilized, maintained, operated, or permitted to be operated on any Premises owned
or operated by such Person from and after the date of the adoption of this Chapter shall be
terminated and removed and/or otherwise sealed in a manner approved by the Director of
Transportation.
9.70.080 Outdoor Storage Areas - Commercial and Industrial Facilities, No Person
shall use, store, maintain or place any Hazardous Substance, including any grease or oil from
motor vehicles, machine parts, or other equipment, in such a manner and/or in areas that create a
release or a threat of a release of Hazardous Substances into the Storm Drain System. The City,
County, and/or Regional Board may require the installation of a spill containment system to
prevent or avoid the creation of any release or threat of a release of such a Discharge. Spill
containment systems may include but are not limited to a system of dikes, walls, barriers, berms,
or other devices as may be required..
8.70.090 Construction Sites. Any person performing construction work in the City
shall comply with the provisions of this Chapter, and Ordinance 457 of the County of Riverside
' for erosion and sediment control. A copy of Ordinance No. 457, an Ordinance of the County of
Riverside, is on file in the office of the City Clerk of the City of Palm Springs.
8.70.100 New Development and Redevelopment. To minimize the Discharge and
transport of Pollutants, the City may require that any new development or redevelopment project
control the volume and rate of Storm Water Runoff from the project so as to prevent any
deterioration of water quality that may impair the subsequent or competing uses of the water. The
Director of Transportation may establish standards and guidelines implementing BMPs designed
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to control the rate and volume of Storm Water Runoff fiom new developments and
redevelopments as may be appropriate to minimize the Discharge and transport of Pollutants.
The following methods and standards for controlling Stonn Water Runoff volumes, rates,
and Pollutants, among others, may be required by the Director of Transportation:
(1) Increase Permeable Areas. Avoid placing Impervious Surfaces in highly porous
soil areas; incorporate landscaping and open space into the project design, use porous materials
for or near driveways and walkways; incorporate detention ponds and infiltration pits into the
project's design; avoid placing pavement and other Impervious Surfaces in low lying areas.
(2) Direct Runoff to Permeable Areas Direct Storm Water Runoff away from
impermeable areas to swales, berms, green strip filters, gravel beds, and french drains. Install rain-
gutters and orient them toward permeable areas. Modify the grade of the property to divert flow
to permeable areas and minimize the amount of Storm Water Runoff leaving the Premises. When
designing curbs, berms or other structures, avoid designs which isolate permeable or landscaped
areas.
(3) Maxiinaize Storm Water Storage for Reuse. Require retention structures,
subsurface areas, cisterns, or other structures to store Storm Water Runoff for reuse or slow
release.
8.70.110 Compliance with General Permits. All industrial Dischargers, dischargers
associated with construction activity, or other discharger subject to any NPDES permit issued by
the United States Environmental Protection Agency, the State Water Resources Control Board,
the Santa Ana Regional Water Quality Control Board, the Santa Ana Regional Water Quality,
Control Board, the San Diego Regional Water Quality Control Board or the Colorado River
Basin Regional Water Quality Control Board, shall comply with all requirements of such permit or
permits. Proof of compliance with said NPDES General Permits may be required in a form
acceptable to the Director of Transportation prior to issuance of any City grading, building, or
occupancy permits.
8 70 120 Compliance with BMP'S. Where BM13 guidelines or requirements have
been adopted by the City or by any federal, State of California, regional, and/or County agency,
for any activity, operation, or Facility which may cause or contribute to Storm Water pollution or
cause Pollutants to be Discharged to the Storm Drain System, every Person undertaking such
activity or operation, or owning or operating such facility shall comply with such guidelines or
requirements as may be identified by the Director of Transportation.
8.70.130 Notification
(1) Immediate Notification. Any Person who intentionally, negligently or otherwise
violates any provision of this Chapter resulting in a Discharge of a Pollutant or Pollutants to the
Storm Drain Systern shall immediately notify the Director of Transportation or his or her designee
by telephone or in person, and shall identify the Rotation of the Discharge, the date and time of the
Discharge, the type, concentration and volume of the Pollutant or Pollutants Discharged, as well
as any corrective action taken as a result of the Discharge. Written notification of such discharge'
information shall thereafter be provided to the Director of Transportation or his or her designee
within 48 hours of the Discharge.
(2) Written Report. AJI Persons violating this Chapter shall, within ten (10) calendar
days after any such Discharge of a Pollutant or Pollutants, file with the Director of Transportation
a detailed written report describing the cause of the Discharge, the date and time of the
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Discharge, the type, concentration and volume of material Discharged, the location of the
Discharge, any specific information needed in connection with the location to fully explain the
potential impacts from the Discharge, and any corrective action or other measures taken in
connection with the Discharge, including any measures taken to prevent similar Discharges in the
future. Submission of this written report shall not be deemed to be a waiver or release of any
Person from any liability, fines or other obligations imposed under this Chapter, or otherwise in
the City's.Code or under State or federal law.
8,70.140 Inspection and enforcement.
(1) Inspections. The City Manager or the Director of Transportation, or any
designee thereof, may, on 24 hour oral or written notice, unless exigent circumstances justify a
shorter time period, enter upon and inspect any private Premises for the purposes of verifying
compliance with the terms and conditions of this Chapter. Such inspection may include, but is not
limited to:
a. Identifying products produced, processes conducted, chemicals and
materials used, stored or maintained on the subject Premises;
b. Identifying points of Discharge of all waste water, Non-Storm Water,
processed water systems and Pollutants;
C. Investigating the natural slope of the Premises, including drainage patterns
and man-made conveyance systems;
d. Establishing the location of all points of Discharge from the Premises,
whether by surface Runoff or through a Storm Drain System;
e. Locating any Illicit Connection or Illicit Discharge;
f. Investigating and inspecting a vehicle, truck, trailer. tank or other mobile
equipment;
g. A review and inspection of all records of the owner or occupant of public
or private property relating to chemicals or processes presently or previously stored or occurring
on the property, including material and/or chemical inventories, facilities maps or schematics and
diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution
prevention plans, state general NPDES permits, Storm Water pollution prevention plans, and any
and all records relating to Illicit Connections, Illicit Discharges, or any other source of
contribution or potential contribution of Pollutants to the Storm Drain System;
h. Inspecting, sampling and testing any area Runoff, sails area (including
groundwater testing), process Discharge, materials with any waste storage area (including any
container contents), and/or treatment system Discharges for the purpose of determining the
potential for contributions of Pollutants to the Storm Drain System;
i. Inspecting the integrity of all Storm Drain Systems and sanitary sewer
systems, any connections to other pipelines on the property, including the use of dye and smoke
tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any
other records reasonably necessary to document conditions as they exist on the Premises;
j. The installation and maintenance of monitoring systems for the purpose of
measuring any Discharge or potential source of Discharge to the Storm Drain System;
k. Evaluating compliance with this Chapter and/or the Clean Water Act and
applicable State law, and all regulations thereto.
(2) Enforcement.
a. Any violation of this Chapter is a misdemeanor and shall be punishable by
either a fine of up to One Thousand Dollars ($1,000) or six (6) months in the County jail, or both.
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b. Any Person who may otherwise be charged with a misdemeanor as a result
of a violation of this Chapter may be charged, at the discretion of the prosecuting attorney, with
an infraction punishable by a fine of not more than One Hundred Dollars ($100.00) for the First
violation, Two Hundred Dollars ($200.00) for the second violation, and Two Hundred Fifty
Dollars ($250) of each additional violation thereafter.
C. As part of any sentence or other penalty imposed or the: award of any
damage, the Court may also order that restitution be paid to the City or any injured Person, or, in
the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or
custodian. Restitution may include the amount of any reward, as well as any costs and fees
incurred in investigating, assessing, monitoring, treating, removing, cleaning or remediating any
Discharge. .
d. Any Person violating the provisions of this Chapter shall reimburse the City
for any and all costs incurred by the City in responding to, investigating, assessing, monitoring,
treating, cleaning, removing, or remediating any Illicit Discharge or Pollutant from the Storm
Drain System; rectifying any Illicit Connection; or remediating any violation of this Chapter. Such
costs to be paid to the City include all administrative expenses and all legal expenses, including
costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and
attorneys' fees on any appeal. The costs to be recovered in this Section 8.70,140 shall be
recoverable from any and all Persons violating this Chapter.
e. In the event any violation of this Chapter constitutes ail imminent danger to
public health, safety, or the environment, the City Manager or the Director of Transportation, or
any authorized agent thereof, may enter upon the Premises from which the: violation emanates,
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abate the violation and danger created to the public safety or the environment, and restore any'
Premises affected by the alleged violation, without notice to or consent fro the owner or
occupant of the Premises. An imminent danger shall include but is not limited to exigent
circumstances created by the Discharge of Pollutants, where such Discharge presents a significant
and immediate threat to the public health or safety, or the environment.
f. Violations of this Chapter may further be deemed to be a public nuisance
which may be abated by administrative or civil or criminal action in accordance with the terms and
provisions of this Code and State law.
g. All costs and fees incurred by the City as a result of any violation of this
Chapter which constitute a nuisance, including all administrative fees and expenses and legal fees
and expenses, shall become a lien against the subject Premises from which the nuisance emanated
and a personal obligation against the owner, in accordance with Government Code Sections
38773.1 and 38773.5. The owner of record of the Premises subject to any lien shall receive notice
of the lien prior to recording, as required by Government Code Section 38773.1. The City
Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action
brought for money judgment, or by delivery to the County Assessor of a special assessment
against the Premises in accordance with the conditions and requirements of Government Code
Section 387735.
h. Any Person acting in violation of this Chapter may also be acting in
violation of the Clean 'Water Act or the California Porter-Cologne Act (California Water Codr
Section 13000 et secr.) and the regulations thereunder, and other laws and regulations, and may be
subject to damages, fines and penalties, including civil liability under such other laws. The City
Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties,
damages and orders compelling compliance and appropriate relief consistent with such Act, and to
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pursue such other relief as provided for under State law and pursuant to the City's Municipal
Code.
' i. The City Attorney is authorized to file in a court of competent jurisdiction
a civil action seeking an injunction against any violation or threatened or continuing violation of
this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may
include an order for reimbursement to the City for all costs incurred in enforcing this Chapter,
including costs of inspection, investigation, monitoring, treatment, abatement, removal or
remediation undertaken by or at the expense of the City, and may include all legal expenses and
fees and any and all costs incurred relating to the assessment, investigation, monitoring,
restoration and/or remediation of the environment.
j. Each separate Discharge in violation of this Chapter and each day a
violation of this Chapter exists, without correction, shall constitute a new and separate violation
punishable as a separate infraction, misdemeanor and/or civil violation.
k. The City may utilize any and all remedies as are otherwise provided by law.
Section 2. Severability. If any provision, clause, sentence, or paragraph of this
ordinance or the application thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of this ordinance which
can be given effect without the invalid provision or application, and to this end, the provisions of
this ordinance are hereby declared to be severable.
' Section 3. Effective Date. This Ordinance shall take effect and be in force 30 days
after passage.
Section 4. Publication. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof, or a display
advertisement, duly prepared according to law, to be published in accordance with law.
ADOPTED this 1.6th day of Apri 1 , 1997,
AYES: Members Barnes, Hodges, Oder, Spurgin & Mayor K1eindienst
NOES: None
ABSENT: None
ATTEST.ll CIITY��OF PALIvi SPRINGS, CALIFORNIA
By
�Ay Clerk I — Mayor
REVIEWED & APPROVED AS TO FORM: ` _
(t(U—P ' ltialed by Dept. ITead & City Attorney)
I HEREBY CERTIFY THAT the foregoing Ordinance 1543 was duly adopted
by the City Council of the City of Palm Springs, California, in
a meeting held on the 16th day of April , 1997, and that same was
published in the DESERT SUN, a newspaper of general circulation
on April 11 & 21, 1997, and that same was not amended or altered.
L
JUDITH SUMICH
10 City Clerk