The city council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the city’s storm drain system if deemed necessary.
(Ord. 229 § 3, 2005)
Except as otherwise provided herein, the city engineer for the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city engineer may be delegated in writing by the city engineer to persons acting in the beneficial interest of or in the employ of the city.
(Ord. 229 § 3, 2005)
This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the city’s stormwater drainage system, and to dischargers outside the city who, by agreement with the city, utilize the city’s stormwater drainage system.
(Ord. 229 § 3, 2005)
Unless otherwise provided herein, any notice required to be given by the city engineer under this chapter shall be in writing and served in person or by first class or registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
(Ord. 229 § 3, 2005)
A.
The discharge or diversion of non-stormwater is permissible only when connection to the storm drain system is made in accordance with a valid city permit approved construction plan, or, an NPDES permit and/or an NOI, and the discharge conforms to the standards of Section 13.04.100.
B.
It is prohibited to establish, use, maintain and/or continue any illicit connections. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.
C.
Permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:
1.
Dedicated easements, rights-of-way, or public place and/or facility;
2.
Private property so as it may directly or indirectly discharge into the storm drain system. Indirect discharges include, but are not necessarily limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.
(Ord. 229 § 3, 2005)
Without prior written approval of the city engineer, no person shall construct or modify or cause to be constructed or modified any structure, facility, or appurtenant items which may alter the normal functioning of the storm drain system, including actions which may alter the capacity, fall, or structural integrity of a storm drain, channel, or related structures.
(Ord. 229 § 3, 2005)
It is prohibited to:
A.
Discharge directly or indirectly into the storm drain system any stormwater or other solid, liquid or gaseous matter in violation of any law, rule, regulation, permit, order or other requirement of any federal, state, county, municipal or other governmental entity or agency;
B.
Discharge non-stormwater directly or indirectly to the storm drain system or any street, lined or unlined drainage ditch which leads to a public storm drain, unless such discharge is permitted by an NPDES permit or a city permit. If such discharge is permitted by an NPDES permit, but causes the city to violate any portion of its NPDES permit for stormwater discharges, such discharge is also prohibited;
C.
Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant;
D.
Throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city;
E.
Discharge any of the following types of waste into the city’s stormwater drainage system:
1.
Sewage,
2.
Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations, and vehicle service businesses or any other business,
3.
Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.,
4.
Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning, etc.,
5.
Waste water from cleaning municipal, industrial, commercial, residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping, etc.,
6.
Stormwater runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment,
7.
Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine,
8.
Pet waste, yard waste, debris, sediment, etc.,
9.
Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.,
10.
Chemicals or chemical waste,
11.
Medical wastes,
12.
Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems,
13.
Materials or chemical substances that cause damage to the city’s stormwater drainage system,
14.
Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city’s storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction.
(Ord. 229 § 3, 2005)
The following discharges are exempt from the prohibited discharges listed in Section 13.04.090:
A.
Waterline flushing and other discharges using approved BMPs and as approved by the Regional Water Quality Control Board from potable water sources; provided, that the chlorine residual in any heavily chlorinated water used to disinfect water storage facilities or water mains is thoroughly dechlorinated prior to contacting receiving waters;
B.
Landscape irrigation, lawn watering and irrigation water;
C.
Diverted stream flows, rising groundwater, infiltration of separate storm drains, springs, flows from riparian habitats and wetlands;
D.
Uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation;
E.
Individual residential carwashings, dechlorinated swimming pool discharges; and
F.
Water flows generated from emergency response and/or fire fighting activities, however, appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency fire fighting flow;
The Regional Board may issue waste discharge requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The executive officer of the board may also add categories of non-stormwater discharges that are not significant sources of pollutants or remove categories of non-stormwater discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges, above, would be adjusted accordingly.
(Ord. 229 § 3, 2005)
A.
Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Santa Ana Region, shall provide NOI, comply with, and undertake all other activities required by any general NPDES stormwater permit applicable to such discharges.
B.
Each discharger identified in an individual NPDES permit or discharge order relating to stormwater discharges shall comply with and undertake all activities required by such permit or order.
(Ord. 229 § 3, 2005)
Any person undertaking any activity or operation in the city that could potentially causes or contributes to stormwater pollution or a discharge of non-stormwater shall comply with all applicable best management practices (BMPs) as listed in the California Stormwater Best Management Practice Handbooks or the current, San Bernardino County Stormwater Program’s “Report of Waste Discharge,” to reduce pollutants in stormwater runoff and reduce non-stormwater discharges to the city’s stormwater drainage system to the maximum extent practicable or to the extent required by law.
(Ord. 229 § 3, 2005)
If a discharger has the potential to introduce pollutants into the city’s stormwater drainage system or is exceeding EPA parameter benchmark values, the city may require the installation of appropriate stormwater treatment equipment or devices. These devices shall reduce pollutant constituents to the degree of reduction attainable through the application of the best management practices to the maximum extent practicable. Any required treatment equipment or device shall be provided, operated, and maintained at the expense of the discharger.
Detailed plans showing the treatment device and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction or installation of the equipment. The review and approval of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to treat stormwater runoff or prevent the introduction of stormwater pollutants to comply with this chapter.
(Ord. 229 § 3, 2005)
A discharger shall have an affirmative defense in any action brought against it alleging a violation of Section 13.04.090 where the discharger can demonstrate it did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources would cause violation of the municipal NPDES stormwater permit.
(Ord. 229 § 3, 2005)
A.
Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the city engineer and federal, state and county standards. Persons storing any other materials or equipment that are potential sources of stormwater pollution are also required to install spill containment.
B.
No person shall operate a spill containment system that could allow incompatible materials and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers.
C.
Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of stormwater from precipitation, and run-on from roof drainage and outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24) hour, twenty-five (25) year rainfall event plus ten percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non-reactive materials to the liquids materials and/or wastes being contained.
D.
Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system. Unless otherwise approved in writing by the city engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be discharged into the public sanitary sewer system, stormwater drainage system or onto the ground.
(Ord. 229 § 3, 2005)
Protection of the storm drain system from accidental discharge of prohibited material is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall he approved by the city engineer prior to any construction. All existing dischargers shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify the dischargers facility as necessary to meet the requirements of this chapter.
(Ord. 229 § 3, 2005)
A.
A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedure.
B.
In the event of an accidental discharge, it is the responsibility of the users discharger to immediately telephone and notify the proper authorities.
C.
In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the city and applicable federal and state offices.
D.
All discharges released into the city’s stormwater drainage system, including a street or gutter, shall be immediately reported to the city’s engineering department and fire department. All discharges that pose a threat to human health or the environment shall be reported to the executive officer of the California Regional Water Quality Control Board within twenty-four (24) hours by telephone or e-mail and followed with a written report of the spill event within five days. At minimum, all sewage spills over one thousand (1,000) gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within twenty-four (24) hours.
E.
Within five working days following an accidental discharge to the storm drain system, the person or persons in charge of the material accidentally discharged shall submit a written report to the city engineer. The report shall describe in detail the type, volume and cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrences.
F.
Such notification shall not relieve the discharger of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws.
(Ord. 229 § 3, 2005)
A.
The city engineer, or designated representative, shall be authorized at any reasonable time to enter the premises of any discharger to the city’s stormwater drainage system to determine compliance with the provisions of this chapter, and to:
1.
Conduct inspection, sampling, monitoring, and/or other authorized duties to enforce the provisions of this chapter;
2.
Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information; and
3.
Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations.
B.
Adequate identification shall be provided by the city engineer, or designated representative, when entering the premises of any discharger. If such entry is refused or cannot be obtained, the city engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.
C.
If the city engineer has reasonable cause to believe that non-stormwater discharge conditions on or emanating from the premises are so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the city engineer shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.
D.
Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, duly designated city personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties. For facilities, which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that city inspections are not impaired.
(Ord. 229 § 3, 2005)