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HomeMy WebLinkAboutMC-1167U Adopted: Karch l, 2004 Effective: Karch l, 2004 2 3 4 5 6 ORDINANCE NO. KC-1I67 URGENCY ORDINANCE AMENDING CHAPTER 8.80 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE PROTECTION AND REGULATION OF THE CITY'S STORM WATER DRAINAGE SYSTEM AND DECLARING THE URGENCY THEREOF. WHEREAS, an Areawide Urban Storm Water Run-Off Permit (NPDES Permit No. 7 CAS6l8036, Order No. R8-2002-00l2) adopted by the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act on April 26, 8 2002, requires the City of San Bernardino ("City") to regulate its urban storm water drainage system; 9 WHEREAS, Section VI "Legal Authority/Enforcement" of NPDES Permit No. CAS 10 618036, Order No. R8-2002-0012 requires that by March 1, 2004, each Permittee shall enact ordinances providing for civil or criminal penalties for violations of their storm drain ordinances. 11 WHEREAS, this Ordinance does not establish or increase any storm drainage fees but is 12 intended to bring the City of San Bernardino into compliance with NPDES Permit No. CAS 618306, Order No. R8-2002-0012. 13 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 14 BERNARDINO DO ORDAIN AS FOLLOWS: 15 SECTION 1: Chapter 8.80 of the San Bernardino Municipal Code is hereby amended to read as follows: 16 17 18 S 8.80.101. 19 S 8.80.102. S 8.80.103. 20 21 S 8.80.201. 22 S 8.80.202. S 8.80.203. 23 S 8.80.204. S 8.80.205. 24 S 8.80.206. S 8.80.207. 25 S 8.80.208. S 8.80.209. 26 S 8.80.210. S 8.80.211. 27 S 8.80.212. S 8.80.213. 28 S 8.80.214. CHAPTER 8.80: STORM WATER DRAINAGE SYSTEM Article 1. Authority, Purpose and Policy, Definitions Authority Purpose and Objectives. Definitions Article 2. General Conditions and Prohibitions Administration Applicability Notice Connections Protection of the Storm Drainage System Prohibited Discharges Exceptions to the Prohibited Discharges Compliance with Best Management Practices (BMPs) Treatment of Storm Water Runoff Affirmative Defense Spill Containment Immediate Notification of Accidental Discharge Written Notification of Accidental Discharge Authority to Inspect KC-1167 2 S 8.80.301. 3 S 8.80.302. 4 S 8.80.303. 5 6 S 8.80.401. 7 S 8.80. 402. 8 S 8.80.403. S 8.80.404. 9 10 11 S 8.80. 501. S 8.80. 502. 12 S 8.80. 503. 13 S 8.80. 504. S 8.80. 505. 14 15 16 S 8.80. 601. S 8.80. 602. 17 S 8.80. 603. S 8.80. 604. 18 S 8.80. 605. S 8.80. 606. 19 S 8.80. 607. S 8.80. 608. 20 21 S 8.80.701. 22 S 8.80.702. S 8.80.703. 23 S 8.80. 704. 24 25 S 8.80. 801. 26 S 8.80. 802. 27 28 Article 3. Residential Requirements Prohibited Discharges Responsibility for Illegal Discharge of Prohibited Substances Maintenance of Private Residential Storm Drainage Systems Article 4. Industrial and Commercial Requirements Non-Storm Water Discharges General Permit for Storm Water Discharges from Industrial Activities Conditional Category - Notice of Non-Applicability Best Management Practices (BMPs) Article 5. Construction Requirements Storm Water Quality Management Plan (SWQMP) General Permit for Storm Water Discharges from Construction Activity Non-Storm Water Discharges Non-Storm Water Discharge Reporting Requirements Best Management Practices Article 6. Administrative Enforcement Remedies Notice of Correction Notice of Violation Administrative Orders Administrative Hearing Administrative Civil Penalties Compensation for Damages Appeals Violations Deemed a Public Nuisance Article 7. Judicial Enforcement Remedies Legal Action Civil Penalties Criminal Prosecution Falsifying Information Article 8. General Clauses Severability City's Right of Revision 2 KC-1I67 2 3 Article 1. Authority, Purpose, Policy and Definitions 4 ~ 8.80. 101. Authority 5 This chapter is enacted pursuant to authority conferred by an Areawide Urban Storm Water Run- Off Permit [NPDES Permit No. CAS6l8036, Order No. R8-2002-0012] issued by the California 6 Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act. 7 ~ 8.80.102. Purpose and Objectives 8 The purpose of this chapter is to ensure the health, safety and general welfare of the residents of 9 the City of San Bernardino by prescribing regulations to effectively prohibit non-storm water discharges into the City's storm water drainage system and to specifically achieve the following 10 objectives: 11 (1) Control discharges from spills, dumping or disposal of materials other than storm water; 12 (2) Reduce the discharge of pollutants in all storm water discharges to the maximum extent practicable; 13 (3) Protect and enhance the water quality of local, state and federal watercourses, water 14 bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act; 15 (4) Establish penalties for violations of the provisions of this chapter; 16 (5) Provide for the equitable distribution of the cost of the storm water drainage system and 17 storm water pollution abatement programs, and all related services through the establishment of fair and equitable fees and charges. 18 19 ~ 8.80.103. Definitions 20 Whenever in this chapter, the following terms are used, they shall have the meaning respectively ascribed to them in this chapter unless another meaning for the word is apparent from the 21 context. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of the definitions set forth in Federal or State law or regulations. Words 22 used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neuter. 23 (1) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water 24 Act, as amended, 33 U.S.c. 1251, et seq. 25 (2) Adjustment. A determination that the volumetric amount of storm water which enters the storm water drainage system from a premise is deemed to be a defined amount 26 substantially different from the average storm water drainage. 27 (3) Area-Wide Urban Storm Water Runoff Permit. The current, regional NPDES permit issued by the California Regional Water Quality Control Board, Santa Ana Region, to the 28 San Bernardino County Flood Control District, San Bernardino County and sixteen 3 2 KC-1I67 incorporated cities discharging storm water into the Upper Santa Ana River Basin for the regulation of storm water discharges from municipal separate storm sewer systems. (4) Average storm water drainage. The average amount of storm water drainage which enters 3 the storm water drainage system from a premise, based on runoff factors established by the San Bernardino County Flood Control District. 4 (5) "BMP". Any Best Management Practice, Best Management Guideline, or Best Management Requirement as adopted by any Federal, State, regional or local agency to prevent or 5 reduce the pollution of Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control: plant site runoff, spillage or 6 leaks; sludge or waste storage and disposal; or drainage from raw material or chemical storage. 7 8 (6) City or "the City". Shall refer to the City of San Bernardino, California. (7) City Engineer. The City Engineer for the City of San Bernardino, or the City Engineer's 9 designee. 10 (8) Construction Activity. Any activity used in the process of developing, redeveloping, enhancing, or maintaining land, including but not limited to: land disturbance, building 11 construction, paving and surfacing, storage and disposal of construction related materials. 12 (9) Contamination. As defined in the Porter-Cologne Water Quality Control Act, contamination is "an impairment of the quality of waters of the state by waste to a degree 13 which creates a hazard to the public health through poisoning or through the spread of disease. 'Contamination' includes any equivalent effect resulting from the disposal of 14 waste whether or not waters of the state are affected." Compliance Schedule. The time period allowed by the City for a discharger to achieve compliance with the City's storm water regulations. The Compliance Schedule shall contain specific dates by which adequate treatment facilities, devices, or other related equipment and/or procedures must be installed or implemented. Developed Parcel. Any lot or parcel of land altered from its natural state by the construction, creation, and addition of impervious area, except public streets or highways. Developer. A person, firm, corporation, partnership, or association who proposes to develop, develops, or causes to be developed real property for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not developers. Dewatering. The removal and disposal of surface water or groundwater for purposes of preparing a site for construction. Discharge. Any release, spill, leak, flow or escape of any liquid including sewage, wastewater or storm water, semi-solid or solid substance onto the land or into the City's storm water drainage system. Discharger. Any person, property owner or occupant of a unit, building, premise or lot in the City who discharges or causes to be discharged any of the substances listed in Subsection 14 (above) directly or indirectly into the City's storm water drainage system. 27 (16) EPA. The Environmental Protection Agency of the United States of America. 15 (10) 16 17 (11) 18 19 (12) 20 21 (13) 22 23 (14) 24 25 (15) 26 28 4 I (17) 2 3 4 (18) 5 6 (19) 7 (20) 8 9 10 (21) 11 12 13 14 15 16 17 (22) 18 19 20 21 (23) 22 23 (24) 24 25 (25) 26 (26) 27 28 KC-1I67 General Permit For Storm Water Discharges From Construction Activity. A statewide General NPDES Permit that regulates all storm water discharges associated with construction projects that disturb one acre or more of land or which result in the disturbance of less than one acre, but which are part of a larger common plan of development or sale. General Permit For Storm Water Discharges From Industrial Activities. A statewide General NPDES Permit that regulates storm water discharges associated with industrial activities that are listed in 40 CFR Section 122.26 (b) (14). Hearing Officer. The City's Engineer or his designee, who presides, at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein. IIIegal Discharge. Any discharge (or seepage) into the City's storm water drainage system that is not composed entirely of storm water except for the authorized discharges listed in Section 8.80.207 of this chapter. Illegal discharges include the improper disposal of wastes into the storm water drainage system. IIIicit Connection. An illicit connection is defined as either of the following: (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water drainage system including but not limited to any conveyance which allows non-storm water discharges including sewage, process wastewater and wash water to enter the storm water drainage system and any connections to the storm water drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or (b) Any drain or conveyance connected to the storm water drainage system, that is not permitted pursuant to a valid NPDES Permit or which has not been documented in plans, maps or equivalent records approved by the City. Maximum Extent Practicable (MEP). Refers to the maximum level of pollutant reductions or storm water runoffreductions that must be achieved by treatment, infiltration or a combination of treatment, infiltration and Best Management Practices, taking into account equitable considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal and technical feasibility, public health risks, societal concern, and social benefits, to effectively limit the discharge of pollutants or storm water runoff into the City's storm water drainage system. NationaI Pollutant Discharge Elimination System (NPDES). The EPA's national program under the Federal Clean Water Act to eliminate discharges of pollution into waters of the United States. New Development. Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. NPDES Permit. Any permit issued pursuant to the Federal Clean Water Act. Non-Structural BMPS. Any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. 5 KC-1I67 1 (27) Notice of Intent (NOI). A form provided by the State Water Resources Control Board that is required to be completed and submitted in order to obtain coverage under one of the 2 State's NPDES General Storm Water Permits prior to the start of certain business activities or construction activities. 3 (28) Non-Storm Water. Any water discharging to the City's storm water drainage system that 4 does not originate from precipitation events. 5 (29) Nuisance. Any condition described by all of the following: 6 a.) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or 7 property. 8 b.) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon 9 individuals may be unequal. 10 c.) Occurs during, or as a result of, the treatment or disposal of wastes. 11 (30) Permit. Any permit issued by the City. 12 (31) 13 14 (32) 15 16 17 (33) 18 (34) 19 20 21 22 23 24 25 26 27 28 Permittee". The San Bernardino County Flood Control District; San Bernardino County; and each of the sixteen cities in San Bernardino County discharging storm water drainage into the Upper Santa Ana River Basin and regulated by the Areawide Urban Storm Water Run-Off Permit. Person. Any individual, partnership, committee, entity, association, corporation, public agency, and any other organization, or group of persons public or private; the masculine genders shall include the feminine, the singular shall include the plural where indicated by the context. pH. The measure of the hydrogen ion concentration of water and the standard by which the acidity or alkalinity of a water sample is determined. Pollutant. Shall mean, but not be limited to, any liquid, solid or semi-solid substances or combination thereof, which causes a nuisance or contributes to a condition of contamination or pollution of the City's storm water runoff, storm water drainage system or the impairment or degradation of waters of the state, including but not limited to the following: (a) Floatable materials (such as floatable plastics or wood products, and metal shavings, or materials forming films, foam or scum); (b) Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids); (c) Metals and non-metals, including compounds of metals and non-metals; (d) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); (e) Domestic sewage from sewer line overflows, septic tanks, porta-potties, boats and recreational vehicles; 6 ,-------- 2 3 4 5 6 7 8 9 10 11 12 13 14 (35) 15 16 (36) 17 18 (37) 19 20 (38) 21 (39) 22 23 24 (40) 25 26 27 28 KC-1I67 (f) Animal wastes (such as wastes from confinement facilities, kennels, pens, stables, and show facilities) (g) Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor; (h) Materials causing an increase In biochemical oxygen demand, chemical oxygen demand or total organic carbon. (i) Materials containing baselneutral or acid extractable organic compounds; (j) Waste materials and wastewater generated on construction sites from construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing; (k) Those pollutants defined in Section 1362 (6) of the Federal Clean Water Act; and (I) Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the State or EP A to adversely affect the beneficial uses of waters of the state. Redevelopment. The creation or addition of impervious surfaces or the making of Improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Sewage. The wastewater of the community derived from residential, agricultural, commercial, or industrial sources, including domestic sewage, and industrial wastewater. SIC (Standard Industrial Classification). The Standard Industrial Classification is the statistical classification standard underlying all establishment-based Federal economic statistics classified by industry. The Standard is published in the SIC Manual, 1987, Office of Management and Budget. Storm Water. Rain water, snow melt runoff, and associated surface runoff and drainage. Storm Water Drainage System. Shall mean all of the property involved in the operation of the storm water drainage collection and disposal system for the City, including, but not limited to, conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment which is tributary to the regional storm water runoff system. Storm Water Pollution Prevention Plan (SWPPP). The plan as described in the General Construction Activity Storm Water Permit as issued by the State Water Resources Control Board on August 19, 1999 and as may be amended, or the General Industrial Activities Storm Water Permit as issued on April 17, 1997 and as may be amended, which specifies BMPs that will prevent pollutants from contacting storm water and all products of erosion from moving off site into receiving waters. 7 KC-1I67 (41) Storm Water Quality Management Plan (SWQMP). A plan required of new development/redevelopment projects, outlining appropriate non-structural and structural 2 BMPs, including storm water infiltration and treatment devices that will be implemented and installed to prevent pollutants from being discharged into the City's storm water 3 drainage system, during and after construction. 4 (42) Structural BMPs. Any structural facility designed and constructed to remove pollutants from storm water runoff or prevent pollutants from contacting storm water. Examples are 5 canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales, and sand and oil interceptors. 6 (43) Violation. A breech of any provision ofthis chapter. 7 (44) Waters of the State. Any surface water or groundwater, including saline waters, within 8 the boundaries of the state. 9 Article 2. General Conditions and Prohibitions 10 ~ 8.80. 201. Administration 11 The City Engineer shall administer, implement and enforce the provisions of this chapter. Any 12 powers granted to or duties imposed upon the City Engineer, may be delegated by the City Engineer to persons authorized by the City Engineer and in the employ of the City of San 13 Bernardino. 14 ~ 8.80. 202. Applicability 15 This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the City's storm water drainage system, and to 16 dischargers outside the City who, by agreement with the City, utilize the City's storm water drainage system. 17 ~ 8.80. 203. Notice 18 Unless otherwise provided herein, any notice required by this chapter shall be in writing and 19 served in person, by first class, registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the 20 United States Postal Service. 21 ~ 8.80. 204. Connections 22 The discharge or diversion of storm water or non-storm water is permissible when the connection to the City's storm water drainage system is made in accordance with a valid 23 construction permit, approved construction plan, and, if applicable, an NPDES Storm Water permit and the discharge is not prohibited under Section 8.80. 206. of this chapter. 24 It is prohibited to establish, use, maintain and/or continue any illicit connection to the City's 25 storm water drainage system. This prohibition is retroactive and applies to connections made in the past, regardless of whether the connection was made under a permit or other 26 authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. 27 Construction permits are required for the construction or modification of any storm drain or 28 conveyor of drainage waters and appurtenant items within: 8 r- KC-1I67 (1) Dedicated easements, rights-of-way, or public place and/or facility. 2 (2) Private property so as it may directly or indirectly discharge into the City's storm water drainage system. Indirect discharges include, but are not limited to, under sidewalk 3 drains, driveway approaches, and unrestricted sheet flow. 4 ~ 8.80. 205. Protection of the Storm Water Drainage System 5 Without the prior written approval of the City's Engineer, no person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter 6 the normal functioning of the City's storm water drainage system, including any action which may alter the capacity, fall, or structural integrity of a storm drain, channel or related structures. 7 ~ 8.80. 206. Prohibited Discharges 8 It is prohibited to: 9 (I) Discharge non-storm water directly or indirectly to the City's storm water drainage 10 system, or any street, lined or unlined drainage channel which leads to the City's storm drain or directly or indirectly into any waters of the state unless such discharge is 11 authorized by either a separate NPDES Permit or as otherwise specified in ~8.80.207 of this chapter. If such discharge is permitted by a NPDES permit or is generally exempted, 12 but causes the City to violate any portion of its NPDES Permits for storm water discharges, such discharge is also prohibited; 13 (2) Discharge storm water into the City's storm water drainage system containing pollutants 14 that have not been reduced to the maximum extent practicable; 15 (3) Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, garbage, sediment or other discarded or abandoned objects, 16 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 17 private lot of land in the City, so that the same may be and/or may become a pollutant. 18 (4) Throw or deposit any refuse, garbage or any other pollutant into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City. 19 (5) Discharge any of the following types of waste into the City's storm water drainage 20 system: 21 (a) Sewage; 22 (b) Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations, and vehicle service businesses or any other business; 23 (c) Discharges resulting from the cleaning, repair, or maintenance of any type of 24 equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.; 25 (d) Wash water from mobile auto detailing and washing, steam and pressure cleaning, 26 carpet cleaning, drapery and furniture cleaning, etc.; 27 (e) Waste water from cleaning municipal, industrial, commercial, and residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and 28 9 KC-1I67 outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping, etc.; 2 (f) Storm water runoff from material or waste storage areas containing chemicals, fuels, 3 grease, oil or other hazardous materials or contaminated equipment; 4 (g) Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine; 5 (h) Pet waste, yard waste, debris, sediment, etc.; 6 (i) Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, 7 utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.; 8 U) Chemicals or chemical waste; 9 (k) Medical wastes; 10 (I) Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems; 11 (m) Materials or chemical substances that cause damage to the City's storm water 12 drainage system; 13 (n) 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 14 waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water 15 Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction. 16 ~ 8.80. 207. Exceptions to the Prohibited Discharges 17 The following discharges of non-storm water into the City's storm drainage system are generally 18 exempt from the Prohibited Discharges listed in Section 8.80.206 of this chapter. However, Subsections 12-22, below, have been identified as potential significant sources of pollutants and 19 require coverage under the Regional Board's De Minimus permit as well as prior approval by the City Engineer before discharge (see *note below): 20 (1) Discharges covered by NPDES permits or written clearances issued by the Regional or 21 State Board; 22 (2) Landscape irrigation, lawn watering, and irrigation water; 23 (3) Water from crawl space pumps; 24 (4) Air conditioning condensation; 25 (5) Non-commercial car washing; 26 (6) Rising ground waters and natural springs; 27 (7) Ground water infiltration as defined in 40 CPR 35.2005 (b) (20) and uncontaminated 28 pumped ground water; 10 KC-1I67 (8) Water flows from riparian habitats and wetlands; 2 (9) Water flows generated from emergency response and/or fire fighting activities, however, 3 appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency fire fighting flow; 4 (10) Waters not otherwise containing wastes as defined in California Water Code Section 5 13050 (d), 6 (11) Other types of discharges identified and recommended by the City and approved by the Regional Water Quality Control Board. 7 (12) *Potable water line testing or flushing and other discharges from potable water sources; 8 (13) *Water from fire hydrant testing and flushing using appropriate BMPs; 9 (14) *Water from passive foundation drains or passive footing drains; 10 (15) *Dechlorinated swimming pool discharges; 11 (16) *Diverted stream flow; 12 (17) *Wastes associated with well installation, development, test pumping and purging; 13 (18) * Aquifer testing wastes; 14 (19) *Discharges from hydrostatic testing of vessels, pipelines, tanks, etc.; 15 (20) *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs, 16 etc.; 17 (21) *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; 18 (22) *Discharges from potable water supply systems resulting from system failures, pressure 19 releases, etc.; 20 *Note: The City of San Bernardino requires that a "Non-Storm Water Discharge Notification Form" be submitted to the Development Services Department for approval of these 21 discharges, five days prior to any planned discharges or, as soon as possible, for any unplanned discharges. The Notification Form is available from the Development 22 Services Department counter. Monitoring may also be required for these discharges. 23 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 24 Officer of the Board may also add categories of non-storm water discharges that are not significant sources of pollutants or remove categories of non-storm water discharges listed above 25 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. 26 ~ 8.80. 208. Compliance with Best Management Practices (BMPs) 27 Any person undertaking any activity or operation in the City of San Bernardino that could 28 potentially cause or contribute to storm water pollution or a discharge of non-storm water shall 11 KC-1I67 comply with all applicable Best Management Practices (BMPs) as listed in the California Storm Water Best Management Practice Handbooks or the current, San Bernardino County Storm 2 Water Program's "Report of Waste Discharge", to reduce pollutants in storm water runoff and reduce non-storm water discharges to the City's storm water drainage system to the maximum 3 extent practicable or to the extent required by law. 4 ~ 8.80. 209. Treatment of Storm Water Runoff 5 If a discharger has the potential to introduce pollutants into the City's storm water drainage system or is exceeding EPA Parameter Benchmark Values, the City may require the installation 6 of appropriate storm water treatment equipment or devices. These devices shall reduce pollutant constituents to the degree of reduction attainable through the application of the best management 7 practices to the maximum extent practicable. Any required treatment equipment or devices shall be provided, operated, and maintained at the expense of the discharger. 8 Detailed plans showing the treatment device and operating procedures shall be submitted to the 9 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 10 relieve the discharger from the responsibility of modifying the facility as necessary to treat storm water runoff or prevent the introduction of storm water pollutants to comply with this chapter. 11 ~ 8.80. 210. Affirmative Defense 12 A discharger shall have an affirmative defense in any action brought against it alleging a 13 violation of Section 8.80.206 of this chapter 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 14 discharges from other sources, would cause violation of this chapter or the Areawide Urban Storm Water Runoff Permit. 15 ~ 8.80. 211. Spill Containment 16 Persons storing chemicals or chemical waste outdoors shall be required to install spill 17 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 18 storm water pollution are also required to install spill containment. 19 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 20 one or more containers. 21 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 22 and to minimize the buildup of storm water 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 23 contained area, the spill containment system shall have the capacity to contain precipitation from at least a 24 hour, 25 year rainfall event plus ten (10) percent of the total volume of the material 24 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 materials 25 and/or wastes being contained. 26 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 27 overflow of the spill containment system. Unless otherwise approved by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in 28 accordance with all applicable Federal, State, and local rules, regulations, and laws, and shall 12 KC-1I67 not be discharged into the City's sanitary sewer system, storm water drainage system or onto the ground. ~ 8.80. 212. Immediate Notification of Accidental Discharge 2 3 Protection of the City's storm water drainage system from the accidental discharge of prohibited 4 materials or wastes 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 5 submitted to the City Engineer for review, and shall be approved by the City Engineer prior to any construction. All new and existing dischargers shall complete such a plan. Review and 6 approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify his or her facility as necessary to meet the requirements of this chapter. 7 A notice shall be permanently posted in a prominent place advising employees whom to contact 8 in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedures. In the event of an accidental discharge, it is the 9 responsibility of the discharger to immediately telephone and notify the proper authorities. 10 All discharges released into the City's storm water drainage system, including a street or gutter, shall be immediately reported to the City's Development Services Department and Fire 11 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 12 24 hours by telephone or e-mail and followed with a written report of the spill event within 5 days. At minimum, all sewage spills over 1,000 gallons and all reportable quantities of 13 hazardous materials or hazardous waste shall be reported within 24 hours. 14 ~ 8.80. 213. Written Notification of Accidental Discharge 15 Within five (5) working days following an accidental discharge into the City's storm water drainage system, the person or persons in charge of the material and/or waste which was 16 accidentally discharged shall submit a written report to the City Engineer. The report shall describe in detail the type and volume of the material and/or waste and the cause of the 17 discharge. The report shall also describe in detail all corrective actions taken and measures to be taken to prevent future occurrences. 18 Such notification of the accidental discharge shall not relieve the user of any fines or civil 19 penalties incurred as a result of the event or any other liability which may be imposed by this chapter or other applicable laws. 20 ~ 8.80. 214. Authority to Inspect 21 The City Engineer or his designated representative shall be authorized, at any reasonable time, to 22 enter the premises of any discharger to the City's storm water drainage system to determine compliance with the provisions of this chapter, and to: 23 (1) Conduct inspection, monitoring, and/or other authorized duties to enforce the provisions 24 of this chapter; 25 (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, 26 videotape, or copy any applicable information; and 27 (3) Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste generating processes, treatment facilities, and discharge locations. Such inspection may 28 include the necessity to photograph or videotape any applicable chemicals, materials, 13 KC-1I67 wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. 2 The City Engineer or his designated representative shall provide adequate identification when 3 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 4 inspection of the premises. 5 If the City Engineer has reasonable cause to believe that non-storm water discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to 6 safeguard public health or safety, the City Engineer shall have the right to immediately enter and inspect said property and may use any reasonable means required to effect such entry and make 7 such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. 8 Where a discharger has instituted security measures requiring proper identification and clearance 9 before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, the City Engineer or his 10 designated representative(s) shall be permitted to enter the premises without delay, for the purpose of performing their authorized duties. For facilities, which require special clearances to 11 conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the City so that the inspection is not impaired. 12 13 Article 3. Residential Requirements 14 ~ 8.80. 301. Prohibited Discharges 15 In addition to the General Prohibitions in Section 8.80.206 of this chapter, it is prohibited to discharge any of the following to any street, gutter, alley, sidewalk, storm drain inlet, catch 16 basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same may be and/or may become a pollutant: 17 (1) Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, 18 fertilizer, soil amendments or mulch, and pesticides; 19 (2) Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents or slurry 20 from saw cutting concrete or asphalt and other construction waste; 21 (3) Domestic sewage including wastewater from sinks, washing machines, dishwashers, toilets, campers, motorhomes or trailers; 22 (4) Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater; 23 (5) Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, 24 transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning washwater or rinsewater and any other vehicular fluids; 25 (6) Water softener brine waste, or any other waste water from other household water 26 treatment systems; 27 (7) Waste water from draining swimming pools, ponds or fountains which contain chlorine biocides, acids or other chemicals, pool filter backwash containing debris and chlorine; 28 14 KC-1I67 (8) Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same. 2 (9) Any other material that causes or contributes to a condition of contamination, nuisance or 3 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 4 by the State Water Resources Control Board or Regional Water Quality Control Board. 5 ~ 8.80. 302. Responsibility for Illegal Discharge of Prohibited Substances 6 The property owner(s) of a lot or parcel from which an illegal discharge originates shall be ultimately responsible for all abatement and cleanup costs associated with the discharge, at his 7 own expense, if the responsible party cannot be located. Likewise, if the tenant of a multi-family residential unit has discharged a prohibited material or waste into the City's storm drainage 8 system or has caused the contamination of storm water runoff from the property by his activities and the City Engineer cannot determine the responsible party or residential unit responsible, the 9 owner of the property from which the discharge originated, shall be responsible for the cleanup and abatement costs to mitigate the condition. Additionally, a property owner shall be 10 responsible for all cleanup costs and damages to the City's storm drainage system from a contractor's activities, if the contractor was hired by the owner and cannot be located. 11 ~ 8.80. 303. Maintenance of Private Residential Storm Drainage Systems 12 All private residential storm drainage inlets, underdrains and gutters shall be inspected annually t3 and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions: 14 (1) The sediment/debris storage volume is 25 percent or more full; 15 (2) There is evidence of illegal discharge; (3) Accumulated sediment or debris impairs the hydraulic function of the facility. 16 Pri vate streets shall also be swept and maintained as needed to prevent sediment, gardening 17 waste, trash, litter and other contaminants from entering the City's storm drainage system. 18 Article 4. Industrial and Commercial Requirements 19 ~ 8.80 .401. Non-Storm Water Discharges 20 All non-storm water discharges associated with industrial and commercial actIvItIes that 21 discharge into the City's storm water drainage system are prohibited except as permitted by an individual user's NPDES Storm Water Permit or Section 8.80. 207 of this chapter. 22 23 ~ 8.80. 402. General Permit for Storm Water Discharges from Industrial Activities 24 All businesses who own or operate facilities described in 40 CPR l22.26(b)(14)(i)-(xi) are required to obtain coverage under the State's General Permit for Discharges of Storm Water 25 Associated with Industrial Activities, at least fourteen (14) days prior to the startup of business activities. All listed businesses are required to submit a completed Notice of Intent (NOl) form, 26 site map and application fee to the State Water Resources Control Board (SWRCB). The SWRCB also requires the listed businesses to prepare a Storm Water Pollution Prevention Plan 27 (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOl form are available from the City's Development Services 28 Department. 15 KC-1I67 The City of San Bernardino requires that all businesses that have filed an NO! for coverage 2 under the State's General Permit and have received a Waste Discharge Identification Number (WDID) from the State Water Resources Control Board, either mail, FAX or hand deliver a copy 3 of the WDID letter from the State to the Development Services Department as proof of filing. 4 ~ 8.80. 403. Conditional Category - Notice of Non-Applicability 5 Businesses who own or operate facilities described in 40 CPR 122.26(b)(14)(xi) may prepare a "NOTICE OF NON-APPLICABILITY" in lieu of an NO! if they can certify on this form 6 provided by the State Water Resources Control Board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to storm water runoff. 7 The "Notice of Non-Applicability" must document all of the following: 8 (1) All prohibited non-storm water discharges have been eliminated or otherwise permitted; 9 (2) All significant materials related to industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water discharges; 10 (3) All industrial activities and industrial equipment are not exposed to storm water or 11 authorized non-storm water discharges; 12 (4) There is no exposure of storm water to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that 13 generate dust and particulates. 14 Businesses in this category are required to submit the Notice of Non-Applicability to the local office of the California Regional Water Quality Control Board, Santa Ana Region, and are 15 required to maintain the above documentation on-site at all times. They are also required to re- evaluate and re-certify once a year that the conditions above are continuously met. Copies of the 16 "Notice of Non-Applicability" form are available from the City's Development Services Department. 17 ~ 8.80. 404. Best Management Practices (BMPs) 18 All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the 19 California Storm Water Best Management Practice Handbooks or the current, San Bernardino County Storm Water Program's Report of Waste Discharge, to reduce pollutants in storm water 20 runoff and reduce non-storm water discharges to the City's storm water drainage system to the maximum extent practicable. All structural controls shall also be maintained to effectively 21 prevent pollutants from contacting storm water or remove pollutants from storm water runoff to the maximum extent practicable. Maintenance records for structural and treatment devices, 22 including waste hauling receipts shall be kept for a period of five (5) years and made available to the City's inspector, upon request. 23 If structural or treatment controls are not functioning as designed or are not effective in reducing 24 storm water pollutants or non-storm water discharges to the maximum extent practicable, the City will require that the control device be repaired, rebuilt or replaced. 25 11/ 26 27 28 16 KC-1I67 1 Article 5. Construction Requirements 2 ~ 8.80.501. Storm Water Quality Management Plan (SWQMP) 3 Prior to the issuance of any grading or building permit, all qualifying land development/redevelopment projects, shall submit and have approved a STORM WATER 4 QUALITY MANAGEMENT PLAN (SWQMP) to the City Engineer on a form provided by the City. The SWQMP shall identify all BMPs that will be incorporated into the project to control 5 storm water and non-storm water pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects 6 covered by the NPDES General Construction Permit as well as construction projects less than one acre. Qualifying developmentlredevelopment projects include: 7 (1) Home subdivisions of 10 units or more. This includes single family residences, multi- 8 family residences, condominiums, apartments, etc.; 9 (2) Commercial developments of 100,000 square feet or more. This includes non-residential developments such as hospitals, educational institutions, recreational facilities, mini- 10 malls, hotels, office buildings, warehouses, and light industrial facilities; 11 (3) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); 12 (4) Food Service businesses developing 5,000 square feet or more ofland area; 13 (5) All hillside developments on 10,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more; 14 (6) Developments of2,500 square feet of impervious surface or more adjacent to (within 200 15 feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the 16 Clean Water Act Section 303(d) list of impaired waters; 17 (7) Parking lots of 5,000 square feet or more exposed to storm water. Parking lot is defined as land area or facility for the temporary storage of motor vehicles; 18 (8) All re-development projects adding 5,000 square feet or more of impervious surface on 19 an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots, etc. 20 ~ 8.80.502. General Permit for Storm Water Discharges from Construction Activity 21 Any developerlowner engaging in construction activities which disturb one acre or more of land 22 shall apply for coverage under the General Storm Water Permit for Construction Activity with the State Water Resources Control Board (SWRCB). Any developerlowner engaging in 23 construction activities which disturb less than one acre but are part of a larger common plan of development or sale that is greater than one acre must also apply for coverage under the General 24 Storm Water Permit for Construction Activity with the State Water Resources Control Board (SWRCB). "Construction activity" includes, but is not limited to: clearing, grading, demolition, 25 excavation, construction of new structures, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. The owner of the land where the 26 construction activity is occurring is responsible for obtaining coverage under the permit. Owners may obtain coverage under the General Permit by completing a "Notice of Intent" form 27 (N0l) and mailing the form along with a vicinity map and the appropriate fee to the office of the California State Water Resources Control Board. The NOl form and checkhst of Items to submit 28 to the state is available from the State Water Resources Control Board in Sacramento, California 17 MC-1l67 or from the City's Development Services Department. In addition, the owner shall also prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with state requirements. 2 Prior to obtaining any City-issued grading and/or construction permits the developer/owner shall 3 provide evidence of compliance with the General Construction Permit by providing a copy of the Waste Discharger's Identification Number (WDID) to the City's Development Services 4 Department. 5 ~8.80. 503. Non-Storm Water Discharges 6 Discharges of non-storm water from construction activities are generally prohibited except for those discharges listed in Section 8.80.207 of this chapter or any discharges authorized by the 7 City Engineer or the Regional Water Quality Control Board (RWQCB). The City and the RWQCB will allow the discharge of certain non-storm water discharges from construction sites 8 provided that they are in compliance with the discharge limitations specified in the current General Waste Discharge Requirements for De Minimus Discharges issued by the Regional 9 Water Quality Control Board, Santa Ana Region. 10 The following discharges are authorized provided they are in compliance with the permit: 11 (I) Construction dewatering wastes; 12 (2) Wastes associated with well installation, development, test pumping and purging; 13 (3) Aquifer testing wastes; 14 (4) Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; 15 (5) Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.; 16 (6) Discharges resulting from the maintenance of potable water supply pipelines, tanks, 17 reservoirs, etc.; 18 (7) Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; 19 (8) Discharges from potable water supply systems resulting from system failures, pressure 20 releases, etc.; 21 (9) Discharges from fire hydrant testing or flushing; 22 ~8.80. 504. Non-Storm Water Discharge Reporting Requirements 23 Authorized non-storm water discharges under Section 8.80.503 shall be reported to the City Engineer at least five (5) days prior to a planned discharge. Unplanned discharges of non-storm 24 water into the City's storm drainage system shall be reported as soon as possible and before any discharge is initiated. The City's Development Services Department shall provide a "Non-Storm 25 Water Discharge Notification Form" for any developer that is proposing to discharge any non- storm water from a construction site. The Non-Storm Water Discharge Notification Form must 26 be submitted to the Development Services Department for these discharges, at least five days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring 27 may also be required for these discharges. If the City provided form is not utilized, a report shall be submitted prior to discharge which includes the following information: 28 18 MC-1l67 (I) Type of proposed discharge; 2 (2) Estimated average and maximum daily flow rate; 3 (3) Frequency and duration of discharge; 4 (4) A description of the proposed treatment system (if appropriate); 5 (5) A description of the path from the point of discharge to the nearest storm drain inlet. 6 All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first thirty 7 (30) minutes of each discharge and weekly thereafter for continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other 8 required constituents shall be reported to the City's Development Services Department on a weekly basis. 9 ~ 8.80. 505. Best Management Practices 10 All construction projects which could potentially have an adverse impact on the City's storm 11 water drainage system or waters of the state shall install and/or implement appropriate construction and post-construction BMPs, as listed in their SWQMP or the "California Storm 12 Water Best Management Practice Handbook", to reduce pollutants to the maximum extent practicable or to the extent required by law. 13 14 Article 6. Administrative Enforcement Remedies 15 ~ 8.80. 601. Notice of Correction (NOC) 16 Whenever the City Engineer or his designee finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any 17 NPDES storm water permit or the Basin Plan, the City may serve upon such person a written Notice of Correction stating the nature of the violation and the necessary actions that must be 18 implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for non-compliance. 19 ~ 8.80, 602. Notice of Violation 20 When the City Engineer or his authorized representative finds that any discharger has failed to 21 comply with a Notice of Correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the Basin 22 Plan, the City may serve upon such person a written Notice of Violation stating the nature of the violation and the penalties for non-compliance. At a minimum, the Notice of Violation shall 23 require that the discharger submit to the City Engineer, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to 24 prevent recurrence. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or 25 permitted by the discharger. 26 Pursuant to California Government Code Section 53069.4 and 36900.(b) the following administrative fines shall apply to the issuance of a Notice of Violation by the City Engineer or 27 his authorized representative: 28 19 MC-1l67 (I) A First Notice of Violation shall be issued for a first violation of this chapter and shall be punishable by an administrative fine not exceeding one hundred dollars ($100.00); 2 (2) A Second Notice of Violation shall be issued for a second violation of this same 3 ordinance within one year and shall be punishable by an administrative fine not exceeding two hundred dollars ($200.00); 4 (3) A Third Notice of Violation shall be issued for a third violation of this same ordinance 5 within one year and shall be punishable by an administrative fine not exceeding five hundred dollars ($500.00). Each additional violation of the same ordinance within one 6 year shall also be punishable by an administrative fine of $500.00. 7 ~ 8.80. 603. Administrative Orders 8 The City Engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the Basin Plan, by issuing an 9 Administrative Order, enforceable in a court of law or by directly seeking court action. Administrative orders may include Compliance Orders, Stop Work Orders, Cease and Desist 10 Orders, Termination of Service Orders and Immediate Termination of Service Orders. 11 (I) Compliance Orders - The City Engineer or his designee may issue a Compliance Order to any discharger who fails to correct a violation of this chapter, any NPDES storm water 12 permit or the Basin Plan. The Order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The 13 Compliance Order may include the following terms and requirements: 14 (a) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the 15 imminent threat of a prohibited discharge; 16 (b) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to 17 contact storm water runoff; 18 (c) Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains; 19 (d) Any other terms or requirements reasonably calculated to prevent imminent threat 20 of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents 21 promulgated by any federal, state or regional agency. 22 The City Engineer or his designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgement, the proposed 23 compliance schedule would allow the user to cause harm to the receiving waters and/or the City's storm drainage system. 24 A Compliance Order shall require the discharger to pay a one thousand dollar ($1000.00) 25 penalty fee to the City for the issuance thereof. 26 (I) Stop Work Order - The City Engineer or Building Official may serve a written Stop Work Order on any person engaged in doing or causing to be done, new construction, 27 tenant improvements, alterations or additions, if: 28 (a) No construction permit has been granted by the City; 20 r--." MC-1l67 (b) Work has begun prior to the submittal of a written Storm Water Quality 2 Management Plan (SWQMP) and subsequent approval by the City Engineer or his designee; or, 3 (c) Violations of this article are found at the site of the new construction, tenant 4 improvements, alterations or additions. 5 Any person served a Stop Work Order shall stop such work forthwith until written authorization to continue is received from the City Engineer or Building Official. A Stop 6 Work Order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the City for the issuance thereof. 7 (3) Cease and Desist Order - When the City Engineer or his designee finds that any 8 industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, any NPDES storm water 9 permit or the Basin Plan, or NPDES Storm Water Permit, the City may issue a Cease and Desist Order directing the discharger to: 10 (a) Immediately discontinue any illicit connection or prohibited discharge to the City's 11 storm water drainage system; 12 (b) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; 13 (c) Immediately discontinue any other violation of this chapter. 14 A Cease and Desist Order shall require the discharger to pay a one thousand dollar 15 ($1000.00) penalty fee to the City for the issuance thereof. 16 (4) Termination of Service - When the City Engineer finds any industrial and/or commercial discharger, who has a direct connection into the City's storm water drainage system or 17 has violated an Administrative Order, the City Engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of 18 storm drain service incurred by the City. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment 19 or for any other reasons. Storm drain service shall be re-instituted by the City Engineer after the discharger has complied with all the provisions of the Administrative Order. 20 The discharger shall also be liable for all costs for re-instituting storm drain service. 21 (5) Immediate Termination of Service - The City Engineer may immediately suspend storm drain service and any non-storm water discharge permit when such suspension is 22 necessary, in the opinion of the City Engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or 23 welfare of persons or the environment, or which significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage system of the City. Any 24 industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the City storm water 25 drainage system. 26 In the event of failure to comply voluntarily with the Termination of Service Order, the City Engineer shall take appropriate steps, including immediate severance of all 27 applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all 28 costs incurred by the City in terminating storm drain service. Storm drain service shall 21 MC-1l67 be re-instituted by the City Engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial and/or commercial 2 discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence, shall be submitted to the City Engineer within ten (10) working 3 days of the date of storm drain service termination. 4 ~ 8.80. 604. Administrative Hearing 5 Any discharger may request, or the City Engineer may order, an administrative hearing, at which time, a discharger who causes or allows, or who has caused or allowed, an unauthorized 6 discharge to enter into the City's storm water drainage system or who continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not 7 be taken against him. The City Administrator, or the City Administrator's designee, shall preside over the administrative hearing, at which time each party, including the discharger and 8 the City Engineer or his designee, shall have the right to present evidence. 9 A Notice of Hearing shall be served on the discharger specifying the time and place of the hearing and referencing the specific violation and/or violations of this chapter, the reasons why 10 the action is to be taken and the proposed enforcement action, directing the discharger to show cause before the Hearing Officer why the proposed enforcement action should not be taken. The 11 Notice of Hearing shall be served personally or by registered or certified mail, return receipt requested at least ten (10) working days prior to the hearing. Service of the Notice of Hearing 12 may be made on any agent or officer of the discharger. 13 ~ 8.80. 605. Administrative Civil Penalties 14 Pursuant to California Government Code ~54739 and ~54740.5, the City Engineer may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation 15 thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the 16 proposed civil penalty, and the authority under which it is imposed. 17 The Administrative Complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the City Administrator or the 18 City Administrator's designee shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the 19 administrative complaint, in which case the City shall not conduct a hearing. A person dissatisfied with the decision of the City Administrator may appeal to the Mayor and Common 20 Council of the City of San Bernardino within thirty (30) days of notice of the City Administrator's decision. 21 If after the hearing, or appeal, if any, it is found that the person has violated reporting or 22 discharge requirements, the City Administrator or Mayor and Common Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the City 23 Administrator or Mayor and Common Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the 24 economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, 25 attempted or taken by the discharger. 26 Civil penalties may be assessed as follows: 27 a. In an amount which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance order established by the 28 City; 22 MC-1l67 b. In an amount which shall not exceed five thousand dollars ($5,000) per violation for 2 each day of discharge in violation of any discharge limitation, areawide urban runoff permit condition, or requirement issued, reissued or adopted by the City; 3 c. In an amount which shall not exceed ten dollars ($10) per gallon for discharges in 4 violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City. 5 d. The amount of any civil penalties imposed under this section which have remained 6 delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the 7 civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and 8 priority of a judgement lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of 9 Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure. 10 All monies collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's 11 storm drainage system or for other mitigation measures. 12 Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty (30) days of issuance of 13 an invoice by the City of San Bernardino. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon 14 other persons who appeared at the hearing and requested a copy. 15 The City may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgement in conformity therewith in accordance with the provisions of 16 Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure. 17 ~ 8.80. 606. Compensation for Damages 18 Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment, discharges pollutants into the City's storm drainage system which 19 causes or has the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference in the City's storm 20 water drainage system, or causes any other damages, including the imposition of fines or penalties on the City by Federal, State or local regulatory agencies, shall be liable to the City for 21 all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the City Administrator based on the City's current overhead cost allocation 22 percentage, shall be added to these charges and shall be payable to the City within thirty (30) calendar days of invoicing. 23 ~ 8.80. 607. Appeals 24 Any decision of the City Engineer may be appealed. An appeal must be initiated within ten (10) 25 working days after receipt of the notice of any decision or action by filing, with the City Engineer, a letter of appeal briefly stating therein the basis for such appeal. The hearing on 26 appeal shall be held on a date no more than fifteen (15) working days after receipt of the letter of appeal. The appellant shall be given at least five (5) working days notice of the time and place 27 of the hearing. The City Administrator, or the City Administrator's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to 28 show cause why the determination of City Engineer should not be upheld. Within forty-five (45) 23 MC-1l67 working days of the hearing, the City Administrator, or the City Administrator's designee, shall make a written decision regarding the appeal. The decision of the City Administrator, or the 2 City Administrator's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period. 3 ~ 8.80. 608. Violations Deemed a Public Nuisance 4 In addition to the penalties established by this Chapter, any threat to public health, safety or 5 welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the City Engineer, and/or civil action to abate, enjoin or 6 otherwise compel the cessation of such nuisance may be taken by the City Attorney. 7 The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the 8 roperty and such lien shall continue in existence until the same shall be paid. 9 Article 7. Judicial Enforcement Remedies to ~ 8.80. 701. Legal Action 11 The City Attorney may commence an action for appropriate legal, equitable or injunctive relief 12 in the Municipal or Superior Court of the County against any person who has violated or continues to violate any provision of this chapter, the Basin Plan, federal or state discharge 13 standards or permit conditions, or who violates the requirements of any Administrative Order. 14 In addition to the penalties provided in this chapter, the City Engineer may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate 15 suit oflaw against the person(s) found to have violated any provision ofthis chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with 16 enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of San Bernardino. 17 ~ 8.80. 702. Civil Penalties 18 Persons who continue to violate any provision of this chapter shall be liable to the City for a 19 maximum civil penalty of twenty five thousand dollars ($25,000) but not less than three thousand dollars ($3,000.00) per violation per day. In the case of a monthly or other long-term 20 average discharge limit, penalties shall accrue for each day during the period ofthe violation. 21 In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the 22 magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any 23 factor as justice requires. 24 Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The City may institute further legal action to collect such penalties 25 in the event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed. 26 ~ 8.80. 703. Criminal Prosecution 27 Any person who willfully or negligently violates any provision of this chapter or permit 28 conditions, or who violates any Administrative Order or any other provision of this chapter is 24 MC-1l67 guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than three thousand dollars ($3,000.00) and/or by imprisonment for a period of not more than six (6) 2 months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or 3 permitted by such discharger, and shall be punishable therefore as provided by this section. 4 ~ 8.80. 704. Falsifying Information 5 Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, 6 pursuant to this chapter, storm water permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this 7 ordinance is guilty of a misdemeanor, which, upon conviction is punishable by a fine of not less than three thousand dollars ($3,000.00) per day of violation and/or by imprisonment for a period 8 of not more than six (6) months. 9 Article 8. General Clauses 10 ~ 8.80. 801. Severability 11 If any provisions, paragraph, word, section or article of this Chapter is invalidated by any court 12 of competent jurisdiction, the remaining provisions, paragraph, words, sections, and other chapters, shall not be affected and shall continue in full force and effect. 13 ~ 8.80. 802. City's Right of Revision 14 The Mayor and Common Council may establish by ordinance and/or resolution more stringent 15 limitations and requirements related to discharges into the City's storm water drainage system, if deemed necessary. 16 SECTION 2: Statement of Urgency. 17 NPDES Permit No. CAS6l8036, Order No. R8-2002-00l2, issued by the California 18 Regional Water Quality Control Board, Santa Ana Region, requires that the City of San Bernardino enact ordinances by March I, 2004, providing for civil or criminal penalties for 19 violations of the City's storm drain ordinances. Adoption of this Urgency Ordinance will fullfill this legal requirement. 20 /II 21 /II 22 1/1 23 /II 24 /II 25 /II 26 1/1 27 /II 28 25 MC-1l67 URGENCY ORDINANCE AMENDING CHAPTER 8.80 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE PROTECTION AND 2 REGULATION OF THE CITY'S STORM WATER DRAINAGE SYSTEM AND DECLARING THE URGENCY THEREOF. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5 ~ day of March , 2004, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LONGVILLE 9 MC GINNIS 10 DERRY KELLEY JOHNSON 12 MC CAMMACK ~ ~ ~ x X 11 X ~ 13 Q_~l.. ~.~ ~ 14 15 The foregoing Ordinance is hereby approved th's day of March ,2004. 16 {~. 17 Approved as to 18 form and legal content: 19 JAMES F. PENMAN, 20 City Attorney 21 22 23 24 25 26 27 28 26