Enforcement Authority
San Diego Municipal Code § 43.0310
in effect§43.0310 Enforcement Authority
(a) The enforcement agency and enforcement official may exercise any enforcement powers as provided in San Diego Municipal Code Chapter 1, Article 3, as may be necessary to effectively implement and enforce this Division.
(b) In addition to the general enforcement powers provided in San Diego Municipal Code Chapter 1, the enforcement agency and enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this Division:
(1) Sampling Authority. During any inspection, the enforcement official may take samples deemed necessary in order to implement and enforce the provisions of this Division. This may include the installation of sampling and metering devices on private property, or requiring the responsible person to supply samples.
(2) Notice of Violation. The enforcement official may issue a notice of violation to any responsible person to cease and desist all activities that may cause or contribute to a discharge in violation of this Division. This order may require the responsible person to: (i) comply with the applicable provisions and policies that govern this Division;
(ii) comply within the designated time frame for compliance; (iii) take appropriate remedial or preventative action to keep the violation from recurring.
(3) Monitoring and Mitigation. The enforcement official may require reasonable monitoring of discharges from any premises to the MS4 and shall have authority to order the mitigation of circumstances that may result in illicit discharges.
(4) Storm water pollution prevention plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any business or operation to adopt and implement such a plan pursuant to San Diego Municipal Code section 43.0307(b).
(5) Employee training program. The enforcement official shall have the authority to establish the elements of an employee training program that is part of a storm water pollution prevention plan.
(6) Best management practices. The enforcement official may establish the BMPs required to be implemented for any premises pursuant to San Diego Municipal Code section 43.0307(a).
(“Stormwater Conveyance System Protection” renumbered to Sec. 43.0309; “Enforcement Authority” renumbered from Sec. 43.0311 and amended 9–10–2001 by O–18975 N.S.)
(Amended 7-16-2015 by O-20516 N.S.; effective 8-15-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter04/Ch04Art03Division03.pdf#page=10Fetched: 10/28/2026