A.
The
purpose of this chapter is to protect the health, safety and welfare
of the public by:
B.
The
intent of this chapter is to protect and enhance the water quality
of watercourses, water bodies, groundwater and wetlands in a manner
pursuant to and consistent with the Federal Clean Water Act, the State
Porter-Cologne Water Quality Control Act and the conditions of any
NPDES permit issued to the city.
(Ord. 827 § 2.1, 2011)
The terms as used in this chapter shall have the following meanings:
mean any activities, prohibitions, practices, procedures,
programs or other measures designed to prevent or reduce the discharge
of pollutants directly or indirectly into waters of the United States.
BMPs mean and include, but are not limited to, those measures specified
in the California Stormwater Best Management Practice Handbooks for
municipal, industrial/commercial, new development and redevelopment
and construction activity and other measures approved by the city
engineer.
means the city of Moreno Valley.
means the city engineer of the city.
means, when used as a verb, to allow pollutants to directly
or indirectly enter stormwater, or to allow stormwater or non-stormwater
to directly or indirectly enter the MS4 or receiving waters from an
activity or operation. When used as a noun, "discharge" means the
pollutants, stormwater and non-stormwater that are discharged.
shall mean any person engaged in activities or operations,
or owning facilities, which may result in pollutants entering stormwater,
the MS4 or receiving waters. Dischargers include, but are not limited
to, real property owners, occupants, tenants, lessees, contractors,
developers, managers and employees.
shall mean an array of products, technologies, and practices
that use natural or engineered systems that mimic natural processes
to enhance overall environmental quality. As a general principal,
green infrastructure techniques use soils and vegetation to infiltrate,
evapotranspirate, and/or recycle stormwater runoff.
shall mean any discharge to the MS4 that is not composed
entirely of stormwater runoff except discharges made pursuant to a
National Pollutant Discharge Elimination System (NPDES) permit or
as otherwise authorized by the Santa Ana Regional Water Quality Control
Board.
shall mean any physical connection to a MS4 which has not
been permitted by the city, the Riverside County flood control and
water conservation district or other appropriate public agency.
shall mean any ecosystem-based approach to designing a hydrologically
functional site that mimics predevelopment conditions.
shall mean roads with traffic indexes less than or equal
to six (6.0).
shall mean an area-wide NPDES permit issued to a government
agency or agencies for the discharge of stormwater from a MS4.
shall mean any facility within the city limits by which stormwater
may be conveyed to waters of the United States. MS4 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.
shall mean a stormwater discharge permit issued by the Santa
Ana Regional Water Quality Control Board or the State Water Resources
Control Board in compliance with the Clean Water Act.
shall mean any discharge to the MS4 that is not entirely
composed of stormwater.
shall mean 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 duties.
shall mean anything which causes the deterioration of water
quality such that it impairs subsequent and/or competing uses of the
water. Pollutants may include, but are not limited to, paints, oil
and other automotive fluids, soil, rubbish, trash, garbage, debris,
refuse, waste, fecal matter, heavy metals, hazardous waste, chemicals,
fresh concrete, yard waste from commercial landscaping operations,
animal waste, materials that result from the process of constructing
a building or structure, nauseous or offensive matter of any kind.
shall mean any building, lot, parcel of land, land or portion
of land whether improved or unimproved.
shall mean surface runoff and drainage associated with rainstorm
events and snow melt.
(Ord. 827 § 2.1, 2011)
This chapter shall be administered for the city by the city
engineer. The city engineer may appoint and authorize one or more
members of the city staff to act as his/her designee(s) to administer
or enforce this chapter. In the context of this chapter, the phrase
"city engineer" includes each and all persons designated by the city
engineer to assist in the administration and enforcement of this chapter,
as limited by the terms of the delegation.
(Ord. 827 § 2.1, 2011)
This chapter shall be construed to assure consistency with the
requirements of the Clean Water Act, the Porter-Cologne Water Quality
Control Act and acts amending or supplementary thereto, applicable
implementing regulations and any existing or future municipal NPDES
permits and any amendments or revisions thereto or reissuance thereof.
(Ord. 827 § 2.1, 2011)
A.
In General.
It is a violation of this chapter to throw, deposit, leave, maintain,
keep or permit to be thrown, deposited, placed, left or maintained,
any pollutant in or upon any street, alley, side-walk, storm drain,
inlet, catch basin, conduit or other drainage structures, business
place or upon any public or private plot of land in the city. The
only exception is where such pollutant is temporarily placed in an
appropriate container with a spill containment system for later collection
and removal. It is a violation of this chapter to cause or permit
any dumpster, solid waste bin or similar container to leak such that
any pollutant is discharged into any street, alley, sidewalk, storm
drain, inlet, catch basin, conduit or other drainage structures, business
place or upon any public or private plot of land in the city.
B.
Construction
Sites. Any person performing construction work in the city shall comply
with the provisions of the ordinance codified in this chapter and
other city ordinances for erosion and sediment control.
C.
New
Development and Redevelopment. New development or redevelopment projects
shall control stormwater runoff so as to prevent any deterioration
of water quality that would impair subsequent or competing uses of
the water. The city engineer shall identify the BMPs that may be implemented
to prevent such deterioration and shall identify the manner of implementation.
The BMPs may include, but are not limited to, the following and may,
among other things, require new developments or redevelopments to
do any of the following:
1.
Increase
permeable areas by leaving highly porous soil and low lying areas
undisturbed; by incorporating landscaping, green roofs and open space
into the project design; by using porous materials for or near driveways,
drive aisles, parking stalls and low volume roads and walkways; and
by incorporating detention ponds and infiltration pits into the project
design.
2.
Direct
runoff to permeable areas by orienting it away from impermeable areas
to swales, berms, green strip filters, gravel beds, rain gardens,
pervious pavement or other approved green infrastructure and French
drains; by installing rain-gutters oriented towards permeable areas;
by modifying the grade of the property to divert flow to permeable
areas and minimize the amount of stormwater runoff leaving the property;
and by designing curbs, berms or other structures such that they do
not isolate permeable or landscaped areas.
3.
Maximize
stormwater storage for reuse by using retention structures, subsurface
areas, cisterns, or other structures to store stormwater runoff for
reuse or slow release.
4.
Rain
gardens may be proposed in-lieu of a water quality basin when applicable
and approved by the city engineer.
D.
Existing
Development. Existing development shall control stormwater runoff
so as to prevent any deterioration of water quality that would impair
subsequent or competing uses of the water. The city engineer shall
identify the BMPs that may be implemented to prevent such deterioration
and shall identify the manner of implementation.
(Ord. 827 § 2.1, 2011)
It is a violation of this chapter to establish, use, maintain
or continue illicit connections to the storm drain system, or to commence
or continue any illicit discharges to the storm drain system. This
prohibition against illicit connections and discharges is expressly
retroactive and applies to connections and discharges made in the
past, regardless of whether permissible under the law or practices
applicable or prevailing at the time of the connection or discharge.
(Ord. 827 § 2.1, 2011)
The discharge of non-stormwater into the storm drain system
is a violation of this chapter except as specified below.
A.
The
discharge prohibition shall not apply to any discharge regulated under
a NPDES permit or waiver issued to the discharger and administered
by the state of California under the authority of the EPA, provided
that the discharger is in full compliance with all requirements of
the permit or waiver and other applicable laws or regulations.
B.
Discharges
from the following activities will not be considered a violation of
this chapter when properly managed: water line flushing and other
discharges from potable water sources, landscape irrigation and lawn
watering, irrigation water, diverted stream flows, rising groundwaters,
infiltration to separate storm drains, uncontaminated pumped groundwater,
foundation and footing drains, water from crawl space pumps, air conditioning
condensate, springs, individual residential car washing, flows from
riparian habitats and wetlands, swimming pool discharges or flows
from fire fighting.
(Ord. 827 § 2.1, 2011)
A.
Municipal
NPDES Permit. Any discharge that would result in or contribute to
a violation of an existing or future municipal NPDES permit(s) or
any amendment or revision thereto or reissuance thereof, either separately
considered or when combined with other discharges, is a violation
of this chapter and is prohibited. Liability for any such discharge
shall be the responsibility of the person(s) causing or responsible
for the discharge, and such persons shall defend, indemnify and hold
harmless the city in any administrative or judicial enforcement action
relating to such discharge.
B.
NPDES
Permit for Industrial/Commercial and Construction Activity. Any industrial
discharger, discharger 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, or the Santa Ana Regional Water Quality Control Board, shall
comply with all requirements of such permit. Such discharges shall
specifically comply with the following permits: the industrial stormwater
general permit, and the dewatering general permit. Proof of compliance
with said NPDES general permits may be required in a form acceptable
to the city engineer prior to issuance of any city grading, building,
or occupancy permits.
(Ord. 827 § 2.1, 2011)
Compliance with this chapter shall be a condition of every permit,
license or approval granted or issued by the city. Failure to comply
with the chapter shall be grounds for revocation of any such permit,
license or approval.
(Ord. 827 § 2.1, 2011)
A.
Regulatory
Inspections. The city engineer may inspect the premises of any discharger
at reasonable times and in a reasonable manner to carry out the purposes
of this chapter. If a discharger refuses to allow entry for inspection,
an inspection warrant shall be obtained prior to inspection.
B.
Scope
of Inspections. Inspections may include all actions necessary to determine
whether any illicit discharge/connection exist, whether the BMPs installed
and implemented are adequate to comply with the chapter, whether those
BMPs are being properly maintained and whether the discharger complies
with other requirements of this chapter. This may include sampling,
metering, monitoring, visual inspections and records review. Records,
reports, analyses or other required information may be inspected and
copied, and photographs may be taken for purposes of enforcement of
this chapter.
(Ord. 827 § 2.1, 2011)
The city council may establish a fee by resolution to recover
the cost of inspection, sampling, metering and monitoring by the city
engineer.
(Ord. 827 § 2.1, 2011)
The city engineer is authorized to issue cease and desist orders
or stop-work orders to any person who is in violation of this chapter.
Failure to comply with a written order of the city engineer shall
be a violation of this chapter and shall be grounds for the imposition
of civil penalties described in this chapter.
(Ord. 827 § 2.1, 2011)
A.
Whenever
the city engineer finds that a person has violated a prohibition or
failed to meet a requirement of this chapter, the city engineer may
order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
1.
The
performance of monitoring, analyses and reporting;
2.
The
elimination of illicit connections or discharges;
3.
That
violating discharges, practices or operations cease and desist;
4.
The
abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
5.
Payment
of a fine to cover administrative and remediation costs; and
6.
The
implementation or maintenance of source control and treatment control
BMPs.
B.
If an abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the city engineer and the expense thereof shall be charged to the violator pursuant to Chapter 6.04 of this code. A notice issued under this chapter shall identify the provisions of this chapter which have been violated and shall state the recipient has a right to appeal as set forth in Chapter 1.10 of this code.
(Ord. 827 § 2.1, 2011)
A violation of any provision of this chapter, or failure to
comply with any of the mandatory requirements of this chapter, shall
constitute an infraction. Repeated violations may be prosecuted as
misdemeanors at the discretion of the city attorney.
(Ord. 827 § 2.1, 2011)
Upon conviction of a misdemeanor for violating any provision
of this chapter, a person shall be subject to payment of a fine, or
imprisonment, or both, not to exceed the limits set forth by law.
Upon conviction of an infraction for violating any provision of this
chapter, a person shall be subject to payment of a fine, not to exceed
the limits set forth by law.
(Ord. 827 § 2.1, 2011)
A person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of this chapter is committed, continued or permitted.
(Ord. 827 § 2.1, 2011)
The city council hereby declares that any violation of this
chapter is a threat to the public health, safety and welfare, and
is therefore a public nuisance which may be summarily abated. The
cost of such abatement shall be borne by the owner of the premises
and the cost thereof may be imposed as a lien upon the premises, and
such lien shall continue in existence until it is paid.
(Ord. 827 § 2.1, 2011)
In addition to any other enforcement powers and remedies established by this chapter, an authorized enforcement officer has the authority to issue civil citations and fines for violations of this chapter pursuant to Chapter 1.10 of this code.
(Ord. 827 § 2.1, 2011)
In addition to any other remedies provided in this chapter,
any violation of this chapter may be enforced by civil action brought
by the city. In any such action, the city may seek, and the court
may grant, as appropriate, any or all of the following remedies:
A.
A temporary
and/or permanent injunction;
B.
Assessment
of the violator for the costs of any investigation, or monitoring
survey which led to the establishment of the violation, and for the
reasonable costs of preparing and bringing legal action under this
subsection;
C.
Costs
incurred in removing, correcting or terminating the adverse effects
resulting from the violation; or
D.
Compensatory
damages for loss or destruction to water quality, wildlife, fish and
aquatic life.
(Ord. 827 § 2.1, 2011)
If any provision, clause, sentence or paragraph of the ordinance
codified in this chapter 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 that ordinance
which can be given effect without the invalid provision or application,
and to this end, the provisions of this chapter are hereby declared
to be severable.
(Ord. 827 § 2.1, 2011)
