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ORDINANCE NO. NS-2519 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ADDING ARTICLE XVIII TO CHAPTER 13 AND <br />SECTIONS 18-162.1 TO 18-165.4 TO THE CITY'S CODE, <br />ESTABLISHING A FEDERAL CLEAN WATER <br />PROTECTION ENTERPRISE FUND AND FEDERAL CLEAN <br />WATER PROTECTION ENTERPRISE PROGRAM <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> <br /> Section 1: The City Council of the City of Santa Aha hereby finds, determines and <br />declares as follows: <br /> <br />A= <br /> <br />The City has for generations provided to its citizens a system to transport <br />storm drain water generated by residents and businesses to the receiving <br />waters of the United States, where it is disposed. <br /> <br />During the budget presentation for the 2002-2003 budget, the City Council <br />was presented, at a study session, with evidence regarding the new <br />California Regional Water Quality Control Board ("RWQCB") Permit <br />issued to the City pursuant to the National Pollution Discharge Elimination <br />System (NPDES) and effective January 1, 2002, which adds major <br />obligations to the City to pay its fair share of costs of the permit, to <br />increase its inspection and enforcement, and to maintain, repair and <br />replace the City's storm drain system. <br /> <br />C= <br /> <br />The City currently does not levy a fee or charge for the service of <br />transporting storm drain water. It is appropriate that the generators of this <br />service pay the reasonable cost of the City's service. <br /> <br />The City's Charter and State law, provide that the City may establish <br />reasonable charges and fees for the service the City provides in <br />transporting storm drain water to the receiving waters of the United <br />States. <br /> <br />A fee for this service would not duplicate any existing fee, charge, levy or <br />other toll currently collected by the City or any public agency, and would <br />be distinct and separate from any current or future (i) permit fee charged <br />pursuant to the City's existing NPDES rules and regulations; (ii) special <br />benefit assessment or special tax imposed pursuant to state or local law; <br />or (iii) any mitigation fee imposed on new development pursuant to state <br />law (Government Code § 66000 et seq.) or local law. <br /> <br />Ordinance No. NS-2519 <br /> Page 1 of 5 <br /> <br /> <br />