HomeMy WebLinkAboutOrdinances_2634_CCv0001.pdf ORDINANCE NO, 2634
AN ORDINANCE OF THE CITY REDLANDS AMENDING CHAPTER 13.54 OF THE
REDLANDS MUNICIPAL CODE RELATING TO STORM DRAINS AND
ESTABLISHING INSPECTION FEES FOR BUSINESSES GOVERNED BY THE
AREAWIDE URBAN STORM WATER RUNOFF PERMIT
WHEREAS, the 1987 amendments to the Clean Water Act("CWA")added Section 402(p)
which established a framework for regulating municipal, industrial and construction storm water
discharges under the National Pollutant Discharge Elimination System ("NPDES") Permit; and
WHEREAS, Section 402(p)of the CWA requires NPDES permits for storm water discharges
from Municipal Separate Storm Sewer Systems ("MS4"), as well as other designated storm water
discharges that are considered significant contributors of pollutants to waters of the United States;
and
WHEREAS, on October 19, 1990, the California Regional Water Quality Control Board,
Santa Ana Region adopted the first term Areawide Urban Storm Water Run-Off Permit (NPDES
Permit NO.CA8000200)for urban storm water runoff from areas in San Bernardino County within the
Santa Ana Region; and
WHEREAS, the Areawide Urban Storm water Run-Off Permit identified the City of Redlands
as a co-permittee of the Areawide Permit and authorized the City to regulate its urban storm
drainage system; and
WHEREAS, the third term Areawide Urban Storm Water Run-Off Permit (NPDES Permit
No.CAS618036)was adopted by the California Regional Water Quality Control Board, Santa Ana
Region on April 26, 2002 which required all Co-Permittees to develop an inventory of industrial and
commercial businesses that have the potential to discharge pollutants to the MS4 and conduct
business inspections pursuant to the frequencies identified in the Areawide Urban Storm Water
Runoff Permit; and
WHEREAS, the City Council of the City of Redlands ("this City Council")desires to comply
with the new business inspection requirements of the Areawide Urban Storm Water Run-Off Permit
by providing appropriate staffing levels and fully funding the inspection program; and
WHEREAS, this City Council further desires to amend Chapter 13.54 of the City's Municipal
Code related to the City's Storm Water Drainage Systems, by adding a new Section entitled
"Business Inspection Fees;" and
WHEREAS, this City Council has based the new fees and charges for the inspection
services on a staff report which documents the estimated reasonable costs of providing such
Services to businesses in the City; and
WHEREAS, this City Council has determined the following with regard to the new fees for
the required inspection services:
1. The revenue derived from the proposed inspection fees(1)establishes a reasonable
relationship between the use of the fees and charges contained herein and the
services for which they are imposed and this relationship is more fully documented in
the reports; (2)the revenue derived from the new fees and charges does not exceed
1
the amount necessary to provide the services; (3) the new fees and charges shall
not be used for any other purpose than that for which the fees and charges are
imposed; (4) the new fees and charges do not exceed the proportional cost of the
services attributable to each customer and (5)is not levied for general governmental
services.
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 13.54 is hereby added to the Redlands Municipal Code to read as
follows:
"13.54.300. Business Inspection Fees
Business Inspection fees shall be collected on an annual basis, along with
the City's Business License Tax for those businesses requiring regular compliance
inspections under the Areawide Urban Storm Water Run-Off Permit. Affected
businesses shall include industrial businesses subject to the California Statewide
General NPDES Permit for Storm Water Discharges Associated with Industrial
Activities, commercial businesses listed in the Areawide Urban Storm Water Run-Off
Permit and other industrial and commercial sites/sources that the City determines
may contribute a significant pollutant load to the Municipal Separate Storm Sewer
System. The inspection fees shall pay for inspection time including the preparation of
inspection reports, review of written Storm Water Pollution Prevention Plans, storm
water runoff sampling activities, enforcement response and follow-up as needed.
The inspection fees shall be adopted by resolution of this City Council and shall be
subject to periodic review and revision by resolution."
Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of
this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily
Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take
effect as provided by law.
ATTEST: yor of the City of Redlands
City,Glerk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing ordinance was
duly adopted by the City Council ata regular meeting thereof held on the 21st day of March 2006 by
the following vote:
AYES: Councilmembers Gilbreath, Peppler, Gil, Gallagher; Mayor Harrison
NOES: None
ABSENT: None
ABSTAIN: None
Lory� Poyzerf„CtY;Ci�rk