HomeMy WebLinkAboutMC-1168
Adopted: March 15, 2004
Effective: April 15, 2004
2
3
4
5
ORDINANCE NO. MC-1168
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.
WHEREAS, an Areawide Urban Storm Water Run-Off Permit (NPDES Permit No.
6 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,
7 2002, requires the City of San Bernardino ("City") to regulate its urban storm water drainage
system;
8
WHEREAS, Section VI "Legal AuthoritylEnforcement" of NPDES Permit No. CAS
9 618036, Order No. R8-2002-0012 requires that by March I, 2004, each Permittee shall enact
ordinances providing for civil or criminal penalties for violations of their storm drain ordinances.
10
WHEREAS, this Ordinance does not establish or increase any storm drainage fees but is
11 intended to bring the City of San Bernardino into compliance with NPDES Permit No. CAS
618306, Order No. R8-2002-00l2.
12
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
13 BERNARDINO DO ORDAIN AS FOLLOWS:
14 SECTION 1: Chapter 8.80 of the San Bernardino Municipal Code is hereby amended to
read as follows:
15
16
17
9 8.80.101.
18 98.80.102.
98.80.103.
19
20
9 8.80.201.
21 9 8.80.202.
9 8.80.203.
22 9 8.80.204.
9 8.80.205.
23 9 8.80.206.
9 8.80.207.
24 9 8.80.208.
9 8.80.209.
25 98.80.210.
98.80.211.
26 98.80.212.
98.80.213.
27 98.80.214.
28
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
MC-1168
Article 3. Residential Requirements
Prohibited Discharges
Responsibility for lllegal 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 S. 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
MC-1168
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. R8-2002-00l2] 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 (I) 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
(I) 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
MC-1168
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."
(10)
(11)
(12)
(13)
(14)
(15)
(16)
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.
EPA. The Environmental Protection Agency of the United States of America.
4
(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
MC-1168
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.
Illegal 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.
Illicit 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 runoff reductions 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.
National Pollutant Discharge Elimination System (NPDES). The EPA's national
program under the Federal Clean Water Act to eliminate discharges of pollution into
waters ofthe 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
(27)
2
3
(28)
4
(29)
5
6
7
8
9
10
(30)
11
(31)
12
13
14 (32)
15
16
(33)
17
18 (34)
19
20
21
22
23
24
25
26
27
28
MC-1168
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
State's NPDES General Storm Water Permits prior to the start of certain business activities
or construction activities.
Non-Storm Water. Any water discharging to the City's storm water drainage system that
does not originate from precipitation events.
Nuisance. Any condition described by all of the following:
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
property.
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
individuals may be unequal.
c.) Occurs during, or as a result of, the treatment or disposal of wastes.
Permit. Any permit issued by the City.
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
I
2
3
4
5
6
7
8
9
10
11
12
13
(35)
14
15
16 (36)
17
(37)
18
19
20 (38)
21 (39)
22
23
24 (40)
25
26
27
28
MC-1168
(I) 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
MC-1168
(41)
Storm Water Quality Management Plan (SWQMP). A plan required of new
development/redevelopment proj ects, outlining appropriate non-structural and structural
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
drainage system, during and after construction.
Structural BMPs. Any structural facility designed and constructed to remove pollutants
from storm water runoff or prevent pollutants from contacting storm water. Examples are
canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales, and
sand and oil interceptors.
Violation. A breech of any provision of this chapter.
Waters of the State. Any surface water or groundwater, including saline waters, within
the boundaries of the state.
2
3
4
(42)
5
6
(43)
(44)
7
8
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
powers granted to or duties imposed upon the City Engineer, may be delegated by the City
12 Engineer to persons authorized by the City Engineer and in the employ of the City of San
Bernardino.
13
~ 8.80. 202. Applicability
14
This chapter shall apply to all dischargers, including all residents as well as commercial,
15 industrial and construction enterprises, to the City's storm water drainage system, and to
dischargers outside the City who, by agreement with the City, utilize the City's storm water
16 drainage system.
17 ~ 8.80. 203. Notice
18 Unless otherwise provided herein, any notice required by this chapter shall be in writing and
served in person, by first class, registered or certified mail. Notice shall be deemed to have
19 been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the
United States Postal Service.
20
~ 8.80. 204. Connections
21
The discharge or diversion of storm water or non-storm water is permissible when the
22 connection to the City's storm water drainage system is made in accordance with a valid
construction permit, approved construction plan, and, if applicable, an NPDES Storm
23 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
storm water drainage system. This prohibition is retroactive and applies to connections
25 made in the past, regardless of whether the connection was made under a permit or other
authorization or whether the connection was permissible under the law or practices
26 applicable or prevailing at the time of the connection.
27 Construction permits are required for the construction or modification of any storm drain or
conveyor of drainage waters and appurtenant items within;
28
8
MC-1168
(I)
(2)
Dedicated easements, rights-of-way, or public place and/or facility.
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
drains, driveway approaches, and unrestricted sheet flow.
2
3
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
~ 8.80. 206. Prohibited Discharges
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 98.80.207 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
MC-1168
outdoor eating or drinking areas, containing chemicals or detergents and without
prior sweeping, etc.;
2
(t) 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 (j) 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
(I) 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 CFR 35.2005 (b) (20) and uncontaminated
28 pumped ground water;
10
MC-1168
2
(8)
(9)
Water flows from riparian habitats and wetlands;
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;
3
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
MC-1168
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 Rnnoff
5 If a discharger has the potential to introduce pollutants into the City's storm water drainage
system or is exceeding EP A 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 ofreduction 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
MC-1168
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 andlor 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 ofthis chapter, and to:
23
(I) 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
MC-1168
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
(I) 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
MC-1168
(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
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 or Regional Water Quality Control Board.
3
4
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 ofa 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
12
~ 8.80. 303. Maintenance of Private Residential Storm Drainage Systems
All private residential storm drainage inlets, underdrains and gutters shall be inspected annually
13 and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the
following conditions:
14
(I) 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
Private 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
19
Article 4. Industrial and Commercial Requirements
~ 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 CFR 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 (N0l) 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
MC-1168
1 The City of San Bernardino requires that all businesses that have filed an NO! for coverage
under the State's General Permit and have received a Waste Discharge Identification Number
2 (WDID) from the State Water Resources Control Board, either mail, FAX or hand deliver a copy
of the WDID letter from the State to the Development Services Department as proof of filing.
3
4 ~ 8.80. 403. Conditional Category - Notice of Non-Applicability
5 Businesses who own or operate facilities described in 40 CFR 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 (I) 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
III
26
27
28
16
MC-1168
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 development/redevelopment projects include:
7
(I) 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 of 2,500 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
21
~ 8.80.502. General Permit for Storm Water Discharges from Construction Activity
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 checklist of items to submit
28 to the state is available from the State Water Resources Control Board in Sacramento, California
17
MC-1168
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 developerlowner 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 (1) 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-1168
(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. 50S. 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-1168
(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
ordinance within one year and shall be punishable by an administrative fine not
exceeding two hundred dollars ($200.00);
3
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
MC-1168
(b)
Work has begun prior to the submittal of a written Storm Water Quality
Management Plan (SWQMP) and subsequent approval by the City Engineer or his
designee; or,
2
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
industrial and/or commercial discharger has violated or threatens to violate any
prohibition, limitation or requirement contained in this chapter, any NPDES storm water
permit or the Basin Plan, or NPDES Storm Water Permit, the City may issue a Cease and
Desist Order directing the discharger to:
8
9
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 ofthe 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-1168
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 ofthis 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 ofthe discharger.
13 ~ 8.80. 60S. Administrative Civil Penalties
14 Pursuant to California Government Code 954739 and 954740.5, 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-1168
1
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-1168
1 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 andlor 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 property and such lien shall continue in existence until the same shall be paid.
9
Article 7. Judicial Enforcement Remedies
10
~ 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 of this 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 of the 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 provlSlon of this chapter or permit
28 conditions, or who violates any Administrative Order or any other provision of this chapter is
24
MC-1168
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 andlor 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
17 /II
18 /II
19 /II
20 1/1
21 /II
22 /II
23 /II
24 /II
25
26
27
28
25
MC-1168
ORDINANCE AMENDING CHAPTER 8.80 OF THE SAN BERNARDINO
MUNICIPAL CODE PERTAINING TO THE PROTECTION AND REGULATION OF
2 THE CITY'S STORM WATER DRAINAGE SYSTEM.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a ~~~~Lr meeting thereof, held on the
5 15th day of March
6 Council Members:
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
10 KELLEY
JOHNSON
MC CAMMACK
7
~
8
x
9
x
X
~
~
X
11
12
~~~1g;W~J~~
The foregoing Ordinance is hereby approved this ?:j:1., day of _tl?-~~ _' 2004.
t(~
13
14
15
16
17
Approved as to
form and legal content:
18
19 JAMES F. PENMAN,
City Attorney
20
21 By: t.
22
23
24
25
26
27
28
26