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HomeMy WebLinkAbout27-Development Services " . 11 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Ordinance amending Chapter 8.80 of the San Bernardino Municipal Code Pertaining to the Protection of and Regulation of The City's Storm Drain System. Date: Development servic~ IR\ lP ~ February 23,2004\6 0 u Dept: File No. 4.50-1 MCC Date: March 1, 2004 Synopsis of Previous Council Action: 02/17/92 Reso. No. 1992-59 adopted authorizing execution of a National Pollutant Discharge Elimination System (NPDES) Storm Water Permit Implementation Agreement. Reso. No. 1992-129 adopted setting monthly fee for storm drains as utility. Reso. No. 2000-139 adopted approving NPDES Guidelines for New Development and Redevelopment. 04/06/92 06/19/00 Recommended Motion: That said ordinance be laid over for final adoption. ~~ Contact Person: Michael Grubbs, Acting City Engineer Phone: 5179 Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acc!. No) Acct. Description: Finance: Council Notes: \r{\t- - \ \ <c '\ 3,11-/1Je; Agenda Item NO& .' . , CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Ordinance amending Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection of and regulation of the City's Storm Drain System. Back2round: In 1992, the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act issued the first National Pollutant Discharge Elimination System (NPDES) permit to the San Bernardino County Stormwater Group. The San Bernardino County Stormwater Group consists of the San Bernardino County Flood Control District as Principal Permittee, the County and 16 Inland Valley Cities including the City of San Bernardino. The initial permit was valid for a period of 5 years. In 1997, the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act issued the second NPDES permit to the San Bernardino County Stormwater Group. The second permit was also valid for a period of 5 years. On April 26, 2002, the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act issued the third NPDES permit to the San Bernardino Stormwater Group. This permit is identified as NPDES Permit No. CAS618036, Order No. R8- 2002-0012 and requires the City of San Bernardino ("City") to regulate its urban storm drainage system. This permit will be in effect until year 2007. Section VI "Legal Authority/Enforcement" of NPDES Permit No. CAS 618036, Order No. R82002- 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. Staff has reviewed the applicable provisions of the Municipal Code and feels sufficient authority does not exist to enable enforcement of NPDES Permit No. CAS 618306, Order No. R82002-0012. The attached Ordinance will provide sufficient enforcement authority and bring the City into Compliance with the current NPDES permit regarding enforcement. The new NPDES Permit for San Bernardino County represents a significant change from previous NPDES permits. The monitoring, inspection and enforcement burden has been placed on the local agencies. Certain timetables for compliance are mandated in the permit and failure to meet those timetables could subject the local agencies to penalties from the Regional Board and/or lawsuits from third party special interest groups. The State has imposed this new permit on the Counties and Cities but has provided no source of funding to pay the considerable cost of complying with the requirements of the permit. , " CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) Currently the City's NPDES program is funded through a storm drain utility fee which is based on $0.0145 per hundred cubic feet of water used. For the residents or businesses served by the City Water Department, the fee is charged directly on the water bill. For residents and businesses not served by the City Water Department (for example, the Highland area), the fee is charged on the refuse bill based on average water usage. This fee generates approximately $250,000 per year. The City is currently paying $97,000 to the San Bernardino County Flood Control District as San Bernardino's fair share of this fiscal year budget for the San Bernardino Stormwater Group, which is responsible for region wide compliance. In addition, the City pays a permit fee of $18,875 per year which is billed directly by the State. Payment to the San Bernardino County Flood Control District as San Bernardino's fair share of the Stormwater Group's budget is expected to increase to approximately $150,000 for FY 04-05. The San Bernardino Stormwater Group is responsible for region wide compliance, however, the individual co-permittees, of which the City of San Bernardino is one, are responsible for insuring compliance within their respective jurisdictional boundaries. Compliance, in general, consists of investigating complaints and spills, conducting annual inspections of existing industrial and commercial development, inspecting new construction for NPDES compliance, taking appropriate enforcement actions against any violators, attending NPDES meetings, serving on sub-committees, preparation of an annual report, and maintaining the various records and databases associated with the inspection program. Currently, our new construction inspection program is in compliance, however, additional staffing may be needed to conduct the annual inspection of existing industrial and commercial development, investigate complaints and spills, and take appropriate enforcement actions against violators. The attached Ordinance will bring the City into compliance with the enforcement requirements of the NPDES Permit. As part of the FY 04-05 budget, staff will explore options to address staffing needs to meet the state imposed mandates of this permit. Financial Impact None from this action. Recommended Motion That said ordinance be laid over for final adoption. , f! , SUMMARY OF ORDINANCE NO. MC-1167 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. On April 26, 2002, the California Regional Water Quality Control Board Santa Ana Region issued a National Pollutant Discharge Elimination System (NPDES) Permit to the San Bernardino Storm Water Group, which includes the City of San Bernardino, to be effective until year 2007. Said permit requires the City of San Bernardino to regulate its urban storm drainage system, and specifically requires that by March 1, 2004, each Permittee shall enact ordinances providing for civil or criminal penalties for violations of their storm drain ordinances. After reviewing applicable provisions of the City's Municipal Code, staff felt that sufficient authority did not exist to enable enforcement of the NPDES Permit issued on April 26, 2002. Adoption of this ordinance will provide sufficient enforcement authority and bring the City into compliance with the current NPDES Permit enforcement requirements. Adopted: March I, 2004 Effective: March I, 2004 VOTE AYES: NAYS: ABSENT: Council Members Estrada, Longville, McGinnis, Johnson, McCammack. None. Council Members Derry, Kelley. FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE JUDITH VALLES - MAYOR RACHEL G. CLARK - CITY CLERK Approved by: James F. Penman City Attorney , ORDINANCE NO. URGENCY ORDINA1\;CE AMENDING CHAPTER 8.80 OF THE SAN BER'ARDINO MUNICIPAL CODE PERT AI1'\ING TO THE PROTECTION AND REGULATION OF THE CITY'S STORM WATER DRAINAGE SYSTEM AND DECLARING THE URGENCY THEREOF. " 4 5 (] WHEREAS, an Areaw]de Urban Storm Water Run-Off Permit (NPDES Permit No 7 C.,;S618036. Order No R8-2002-0012) adopted by the Caltfomia RegIOnal Water Quallt)' Control Board Santa Ana Reg]on pursuant to Section 402(p) of the Clean Water Act on Apnl 26. 8 2002. requires the City of San Bemard]no ("C]ty") to regulate Its urban storm water drainage system. 9 WHEREAS, SeCllOn VI "Legal Authonty/Enforcement" of NPDES Permit No CAS to 618036. Order No. R8-2002.0012 reqUires that by March], 2004, each Permittee shall enact ordinances provld]ng for c]vIl or cnmlnal penalties for vlolatJons of their stomn drain ordinances It WHEREAS, this Ordinance does not establish or Increase any storm drainage fees but ]S 12 Intended to bnng the City of San Bernard]no IntO compl]ance With NPDES Permit No CAS 618306, Order No. R8-2002-0012 13 THE MAYOR AND COMMO:'\ COUi\TIL OF THE CITY OF SA1\; 14 BERNARDINO DO ORDAIN AS FOLLOWS: t 5 SECTlO1'\ I: Chapter 8.80 of the San Bernard]no Mun]clpal Code ]s hereby amended to read as follows 16 CHAPTER 8.80: STORM WATER DRAINAGE SYSTEM 17 Article I. Authority, Purpose and Policy, Definitions 18 98.80.]01. 19 S880.102. 9880.103 20 21 9880.201. 22 98.80202 9880.203. r 9880.204. ,j 98.80205. 24 98.80206 9880207 25 9880208 S 880.209. 26 9880210 9880211. .(, ~7 9880.212 i1 S 8.80.213 28 9880.214 Authonty Purpose and ObJectl ves. Def]nIt]ons Article 2. General Conditions and Prohibitions Adm]nlstrallon Appltcabillty Notice Connections Protection of the Storm Dra]nage System Proh]blled Discharges ExceptJons to the Prohibited D]scharges Compl]ance with Best Management Practices (BMPs) Treatment of Storm Water Runoff Affirmative Defense Spill Containment Immed]ate NOllf]cat]on of Acc]dental D]scharge Written Not]f]cat]on of Accidental D]scharge Authonty to Inspect ft/~~T~ j..,1// 3/,104 . . rl e Article 3. Residential Requirements c ~ 8.80.301. Prohibited Discharges 3 ~ 8.80.302. Responsibility for Illegal Discharge of Prohibited Substances 4 ~ 8.80.303. Maintenance of Private Residential Storm Drainage Systems 5 Article 4. Industrial and Commercial Requirements 6 S 8.80. 401. Non-Storm Water Discharges 7 S 8.80. 402. General Permit for Storm Water Discharges from Industrial Activities 8 S 8.80.403. Conditional Category - Notice of Non-Applicability S 8.80.404. Best Management Practices (BMPs) 9 10 Article 5. Construction Requirements II S 8.80. 501. Storm Water Quality Management Plan (SWQMP) S 8.80. 502. General Permit for Storm Water Discharges from Construction 12 Activity S 8.80. 503. Non-Storm Water Discharges 13 S 8.80. 504. Non-Storm Water Discharge Reporting Requirements S 8.80. 505. Best Management Practices e 14 Article 6. Administrative Enforcement Remedies 15 16 S 8.80. 601. Notice of Correction S 8.80. 602. Notice of Violation 17 S 8.80. 603. Administrative Orders S 8.80. 604. Administrative Hearing 18 S 8.80. 605. Administrative Civil Penalties S 8.80. 606. Compensation for Damages 19 S 8.80. 607. Appeals S 8.80. 608. Violations Deemed a Public Nuisance 20 Article 7. Judicial Enforcement Remedies 21 S 8.80. 701. Legal Action 22 S 8.80. 702. Civil Penalties S 8.80. 703. Criminal Prosecution 23 S 8.80. 704. Falsifying Information 24 Article 8. General Clauses 25 S 8.80. 801. Severability 26 S 8.80. 802. City's Right of Revision e 27 28 2 e 5 b 7 8 9 10 11 12 13 e 14 15 16 17 20 21 22 23 24 25 26 e 27 28 " 2 3 Article 1. Authority, Purpose, Policy and Definitions 4 ~ 8.80. 101. Authority This chapter is enacted pursuant to authority conferred by an Areawide Urban Storm Water Run- Off Permit [NPDES Permit No. CAS618036, Order No. R8-2002-0012] issued by the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act. ~ 8.80.102. Purpose and Objectives The purpose of this chapter is to ensure the health, safety and general welfare of the residents of 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 objectives: (I) Control discharges from spills, dumping or disposal of materials other than storm water; (2) Reduce the discharge of pollutants in all storm water discharges to the maximum extent practicable; (3) Protect and enhance the water quality of local, state and federal watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act; (4) Establi sh penalties for violations of the provisions of this chapter; (5) Provide for the equitable distribution of the cost of the storm water drainage system and 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 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 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 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. (I) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.c. 1251, et seq. (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 substantially different from the average storm water drainage. (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 San Bernardino County Flood Control District, San Bernardino County and sixteen 3 2 11 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) "8MP". 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 II 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 ] 3 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." 15 (10) t6 17 (11) 18 19 (12) 20 21 (13) 22 23 (14) 24 25 (15) 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. 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 2] (23) 22 23 (24) 24 25 (25) 26 (26) 27 28 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 Jess 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 J22.26 (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 systcm 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 EP A's national program under Ihe 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, mana~erial practices or operational practices that aim to prevent storm water pollution by reducing the potentIal for contaminatIOn at the source of pollutIon. 5 e (27) 2 3 (28) 4 5 (29) 6 7 8 9 10 Ii 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. ] 1 (30) Permit. Any permit issued by the City. e 12 (31) ]3 14 (32) 15 16 17 (33) ]8 (34) 19 20 21 22 23 24 25 26 27 28 e 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. cOllloration, 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 e 2 3 4 5 6 7 8 9 10 II 12 13 14 (35) IS 16 (36) 17 18 (37) 19 20 (38) 21 (39) 22 23 24 (40) 25 26 27 28 e e (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 base/neutral 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 e (41) 2 3 4 (42) 5 6 (43) 7 (44) 8 9 10 II If Storm Water Quality Management Plan (SWQMP). A plan required of new development/redevelopment projects, 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. Article 2. General Conditions and Prohibitions ~ 8.80. 201. Administration 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. e 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 t6 dischargers outside the City who, by agreement with the City, utilize the City's storm water drainage system. 17 18 ~ 8.80. 203. Notice 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. e 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 e e tit (I) 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 drains, driveway approaches, and unrestricted sheet flow. 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 ~ 8.80. 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 S8.80.207 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 14 (2) Discharge storm water into the City's storm water drainage system containing pollutants 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, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same may be and/or may become a pollutant. 16 17 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 e e e 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 (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 inthe City's storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction. ~ 8.80. 207. Exceptions to the Prohibited Discharges 14 15 16 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 26 (5) Non-commercial car washing; (6) Rising ground waters and natural springs; (7) Ground water infiltration as defined in 40 CFR 35.2005 (b) (20) and uncontaminated pumped ground water; 27 28 10 e e 21 22 23 24 25 26 e 27 28 (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 10 (14) *Water from passive foundation drains or passive footing drains; (15) *Dechlorinated swimming pool discharges; (16) *Diverted stream flow; 11 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.; ]8 (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 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 Services Department counter. Monitoring may also be required for these discharges. The Regional Board may issue Waste Discharge Requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer of the Board may also add categories of non-storm water discharges that are not significant sources of pollutants or remove categories of non-storm water discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges, above, would be adjusted accordingly. ~ 8.80. 208. Compliance with Best Management Practices (BMPs) Any person undertaking any activity or operation in the City of San Bernardino that could potentially cause or contribute to storm water pollution or a discharge of non-storm water shall I] e e e comply with all applicable Best Management Practices (BMPs) as listed in the California Stornl 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. II * 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, baniers, 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-reacti ve 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 e e e r 2 not be discharged into the City's sanitary sewer system. storm water drainage system or onto thc ground. ~ 8.80. 212. Immediate Notification of Accidental Discharge 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 II 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 include the necessity to photograph or videotape any applicable chemicals, materials, 28 13 e e e . 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-stonn 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 pelmission 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 pennitted to enter the premises without delay, for the purpose of perfonning their authorized duties. For facilities, which require special clearances to ] 1 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, stonn drain inlet, catch ]6 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; 2] (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 e e 21 22 23 24 25 26 e 27 28 (8) Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same. o (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. II 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: t4 15 (1) The sediment/debris storage volume is 25 percent or more full; (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. ]8 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 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. ~ 8.80. 402. General Permit for Storm Water Discharges from Industrial Activities 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 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 (NOI) form, 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 (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOI form are available from the City's Development Services Department. 15 e e e 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 CFR 122.26(b)(l4)(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 acti vities 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 BemardilJo 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 e e e . 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 five acres. Qualifying development/redevelopment projects include: 7 (1) Home subdivisions of 10 units or more. This includes single family residences, multi.family resIdences, 8 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; II (3) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); ]2 (4) Food Service businesses developing 5,000 square feet or more of land 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 15 (6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 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 Clean Water Act Section 303(d) list of impaired waters; 16 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 2] Any developer/owner engaging in construction acti vi ties which disturb fi ve acres or more of 22 land shall apply for coverage under the General Storm Water Permit for Construction Activity with the State Water Resources Control Board (SWRCB). Any developer/owner engaging in 23 construction activities which disturb less than five acres but are part of a larger common plan of development or sale that is greater than five acres must also apply for coverage under the 24 General Storm Water Permit for Construction Activity with the State Water Resources Control Board (SWRCB). "Construction activity" includes, but is not limited to: clearing, grading, 25 demolition, 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 26 the construction acti vity 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 (Nor) 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 Nor form and checklist of items to submit 28 to the state is available from the State Water Resources Control Board in Sacramento, California 17 e e e 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: II (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 e e 16 17 18 19 20 21 00 "" 23 24 25 26 e 27 28 I~ (1) 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 II 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) 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 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 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. ~ 8.80. 602. Notice of Violation When the City Engineer or his authorized representative finds that any discharger has failed to 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 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 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 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 permitted by the discharger. 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 his authorized representative: 19 e e e I' (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); 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 administrati ve 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 (1) 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 imminent threat of a prohibited discharge; 15 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 (1) 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, tenant improvements, alterations or additions, if: 27 28 (a) No construction permit has been granted by the City; 20 e e e r 2 (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, 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 andlor 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; t3 14 (c) Immediately discontinue any other violation of this chapter. A Cease and Desist Order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the City for the issuance thereof. 15 16 (4) Termination of Service - When the City Engineer finds any industrial andlor 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 andlor storm drainage system of the City. Any 24 industrial andlor 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 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 costs incurred by the City in terminating storm drain service. Storm drain service shall 27 28 21 e e 14 15 16 17 18 19 20 21 22 23 24 25 e If 2 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 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 days of the date of storm drain service termination. 3 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 II 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 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 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 proposed civil penalty, and the authority under which it is imposed. 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 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 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 Council of the City of San Bernardino within thirty (30) days of notice of the City Administrator's decision. If after the hearing, or appeal, if any, it is found that the person has violated reporting or 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 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 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, 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 City; 28 22 e e e .' 2 b. In an amount which shall not exceed five thousand dollars ($5,000) per violation for 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 II 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 e e 19 20 21 22 23 24 25 26 e 27 28 I 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 Manager'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 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 of law 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 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 average discharge limit, penalties shall accrue for each day during the period of the violation. 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 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 factor as justice requires. 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 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. ~ 8.80. 703. Criminal Prosecution Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any Administrative Order or any other provision of this chapter is 24 e 12 13 e 14 15 16 17 18 19 ~ 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 of competent jurisdiction, the remaining provisions, paragraph, words, sections, and other chapters, shall not be affected and shall continue in full force and effect. ~ 8.80. 802. City's Right of Revision The Mayor and Common Council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the City's storm water drainage system, if deemed necessary. SECTION 2: Statement of Urgency. NPDES Permit No. CAS618036, Order No. R8-2002-0012, issued by the California Regional Water Quality Control Board, Santa Ana Region, requires that the City of San Bernardino enact ordinances by March 1, 2004, providing for civil or criminal penalties for violations of the City's storm drain ordinances. Adoption of this Urgency Ordinance will fullfill this legal requirement. 20 III 21 III 22 III 23 III 24 III 25 III 26 III e 27 III 28 25 e 13 e 14 15 16 17 18 19 20 21 By: 22 23 24 25 26 e 27 28 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 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 _ day of ,2004, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LONGVILLE 9 MC GINNIS 10 DERRY KELLEY 11 JOHNSON 12 MC CAMMACK CIty Clerk The foregoing Ordinance is hereby approved this day of ,2004. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 26 19 20 21 Sec. 8.80.101. Sec. 8.80.102. 22 Sec. 8.80.103. 23 24 Sec. 8.80.201. 25 Sec. 8.80.202. Sec. 8.80.203. 26 Sec. 8.80.204. e Sec. 8.80.205. 27 Sec. 8.80.206. 28 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. AN ORDINANCE AME~DING CHAPTER 8.80 OF THE SAN BERl\'ARDINO MUNICIPAL CODE PERTAINING TO THE PROTECnO:\" AND REGULA nON OF THE CITY'S STOR'\1 WATER DRAINAGE SYSTEM. WHEREAS, an Areawide Urban Stonn Water Run-Off Pennit (NPDES Permit No. CAS618036, Order No. R8-2002-0012) 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. 2002. requires the City of San Bernardino ("City") to regulate its urban stonn water drainage system; WHEREAS, Section VI "Legal Authority/Enforcement" of NPDES Pennit No. CAS 618036, Order No. R8-2002-00l2 requires that by March 1,2004, each Pennittee shall enact ordinances providing for civil or criminal penalties for violations of their stonn drain ordinances. 'VHEREAS, this Ordinance does not establish or increase any stonn drainage fees but is intended to bring the City of San Bernardino into compliance with NPDES Pennit No. CAS 618306, Order No. R8-2002-0012. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 8.80 of the San Bernardino Municipal Code is hereby amended to read as follows: 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 Stonn Drainage System Prohibited Discharges ?-16 3/I/olj e e e -~.-~~~~ 1 2 3 4 5 6 7 8 Sec. 8.80.301. Sec. 8.80.302. 9 Sec. 8.80.303. Sec. 8.80.207. Sec. 8.80.208. Sec. 8.80.209. Sec. 8.80.210. Sec. 8.80.211. Sec. 8.80.212. Sec. 8.80.213. See. 8.80.214. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 8.80. 401. Sec. 8.80. 402. Sec. 8.80. 403. Sec. 8.80. 404. Sec. 8.80. 501. Sec. 8.80. 502. Sec. 8.80. 503. Sec. 8.80. 504. Sec. 8.80. 505. Sec. 8.80. 601. Sec. 8.80. 602. Sec. 8.80. 603. Sec. 8.80. 604. Sec. 8.80. 605. Sec. 8.80. 606. Sec. 8.80. 607. Sec. 8.80. 608. 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 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 e e II Article 7. Judicial Enforcement Remedies Sec. 8.80. 701. Sec. 8.80. 702. See. 8.80. 703. Sec. 8.80. 704. Legal Action Civil Penalties Criminal Prosecution Falsifying Infonnation Article 8. General Clauses Sec. 8.80. 801. Sec. 8.80. 802. Severability City's Right of Revision Article 1. Authority, Purpose, Policy and Definitions Sec. 8.80. 101. Authority This chapter is enacted pursuant to authority confened b'y an Areawide Urban Stonn Water Run- Off Pennit [NPDES Pennit No. CAS618036, Order No. R8-2002-0012] issued by the California Regional Water Quality Control Board Santa Ana Region pursuant to Section 402(p) of the Clean Water Act. Sec. 8.80.] 02. Purpose and Objectives The purpose of this chapter is to ensure the health, safety and general welfare of the residents of the City of San Bernardino by prescribing regulations to effectively prohibit non-stonn water discharges into the City's stonn water drainage system and to specifically achieve the following objectives: (1) Control discharges from spills, dumping or disposal of materials other than stornl water; (2) Reduce the discharge of pollutants in all stonn water discharges to the maximum extent practicable; (3) Protect and enhance the water quality of local, state and federal watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act; (4) Establish penalties for violations of the provisions of this chapter; (5) Provide for the equitable distribution of the cost of the stonn water drainage system and stonn water pollution abatement programs, and all related services through the establishment of fair and equitable fees and charges. 28 3 e e e 1 2 3 4 5 6 7 8 9 10 (3) 11 12 13 14 (4) 15 16 (5) 17 18 19 20 (6) 21 (7) 22 23 (8) 24 25 (9) 26 27 28 I I I Sec. 8.80.103. Definitions I Whenever in this chapter, the following terms are used, they shall have the meaning respectively I ascribed to them in this chapter unless another meaning for the word is apparent from the 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 used in this chapter in the singular may include the plural and the plural may include the I singular. Use of masculine shall also mean feminine and neuter. . (1) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.s.e. 1251, el seq. (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 substantially different from the average storm water drainage. Area-Wide Urban Storm Water Runoff Permit. The current, regional NPDES pelmit issued by the California Regional Water Quality Control Board, Santa Ana Region, to the San Bernardino County Flood Control District, San Bernardino County and sixteen 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. Average storm water drainage. The average amount of storm water drainage which enters the storm water drainage system from a premise, based on runoff factors established by the San Bernardino County Flood Control District. "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 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 leaks; sludge or waste storage and disposal; or drainage from raw material or chemical storage. City or "the City". Shall refer to the City of San Bernardino, California. City Engineer. The City Engineer for the City of San Bernardino, or the City Engineer's designee. Construction Activity. Any actIvIty used in the process of developing, redeveloping, enhancing, or maintaining land, including but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials. 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 which creates a hazard to the public health through poisoning or through the spread of 4 e 1 2 3 4 5 6 7 8 9 10 (13) 11 12 (14) 13 e 14 ( 15) 15 16 17 (16) 18 (17) 19 20 21 (18) 22 23 24 (19) 25 (20) 26 e 27 28 I disease. 'Contamination' includes any equivalent effect resulting from the disposal waste whether or not waters of the state are affected." I I I I I ofl (10) Compliance Schedule. The time period allowed by the City for a discharger to achie\'e 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. (11) 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. (12) 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 III Subsection 15 (above) directly or indirectly into the City's storm water drainage system. EP A. The Environmental Protection Agency of the United States of America. 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 five acres or more of land or which result in the disturbance of less than five acres, 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. 5 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (21) 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 stom1 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 govemment 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. (22) 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 concem, and social benefits, to effectively limit the discharge of pollutants or storm water runoff into the City's storm water drainage system. (23) National 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. (24) New Development. Land disturbing actIVItIes; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. (25) NPDES Permit. Any permit issued pursuant to the Federal Clean Water Act (26) NOD-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. (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 State's NPDES General Storm Water Permits prior to the start of certain business activities or construction activities. (28) Non-Storm Water. Any water discharging to the City's storm water drainage system that does not originate from precipitation events. e 27 (29) Nuisance. Any condition described by all of the following: 28 6 e e e . ;r' 1 2 3 4 5 6 7 8 9 10 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. (30) Permit. Any permit issued by the City. (31) "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; 7 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (35) 17 18 19 (36) 20 21 (37) 22 23 24 (38) 25 (39) 26 27 28 e e (I) Animal wastes (such as \\'astes 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 base/neutral 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. 8 e e e 1 2 3 4 5 6 7 8 9 10 11 (40) Storm Water Pollution Prevention Plan (SWPPP). The plan as described in the Gencra] 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. (4]) Storm Water Quality Management Plan (SWQMP). A plan required of new development/redevelopment projects, 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. (42) Structural BMPs. Any structural facility designed and constructed to remove pollutants from storm water runoff or prevent pollutants from contacting storm water. Examp]es are canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales, and sand and oil interceptors. . 12 (43) Violation. A breech of any provision of this chapter. 13 14 15 16 17 18 19 20 21 22 23 24 25 (44) Waters of the State. Any surface water or groundwater, including saline waters, within the boundaries of the state. Article 2. General Conditions and Prohibitions Sec. 8.80. 201. Administration 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 Engineer to persons authorized by the City Engineer and in the employ of the City of San Bernardino. Sec. 8.80. 202. Applicability 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 dischargers outside the City who, by agreement with the City, utilize the City's stonn water drainage system. Sec. 8.80. 203. Notice 26 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 been 27 28 9 e e e -.- '~..!:""""'7 . ~,"'?'.^"~t~~.':- 1 2 3 4 5 6 7 8 9 10 11 given at the time of deposit, postage or prepaid, in a facility regularly seniced by the Cnlled States Postal Service. Sec. 8.80. 204. Connections 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 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. 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 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 applicable or prevailing at the time of the connection. Construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within: 12 (I) Dedicated easements, rights-of-way, or public place and/or facility. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 drains, driveway approaches, and unrestricted sheet flow. Sec. 8.80. 205. Protection of the Storm Water Drainage System 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 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. Sec. 8.80. 206. Prohibited Discharges It is prohibited to: (1) Discharge non-storm water directly or indirectly to the City's storm water drainage 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 authorized by either a separate NPDES Permit or as otherwise specified in Sec.8.80.207 of this chapter. If such discharge is permitted by a NPDES permit or is generally exempted, but causes the City to violate any portion of its NPDES Permits for storm water discharges, such discharge is also prohibited; (2) Discharge storm water into the City's storm water drainage system containing pollutants that have not been reduced to the maximum extent practicable; 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 e e 28 (3) Throw, deposit, leave, maintain, keep, or pelwit to be thrown, deposited, placed, left or maintained, any refuse, garbage, sediment or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet. catch basin, conduit or other drainage structures, business place, or upon any public or private lot ofland in the City, so that the same may be and/or may become a pollutant. (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. (5) Discharge any of the following types of waste into the City's storm water drainage system: (a) Sewage; (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; (c) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.; (d) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning, etc.; (e) Waste water from cleaning municipal, industrial, commercial, and residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping, etc.; (f) Storm water runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment; (g) Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine; (h) Pet waste, yard waste, debris, sediment, etc.; (i) Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.; (j) Chemicals or chemical waste; (k) Medical wastes; 11 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e (I) Blow down or bleed water from cooling towers and boilers, regeneratil'e brine Ilaste from water softeners or reverse osmosis treatment systems; (m) Materials or chemical substances that cause damage to the City's storm Ilater drainage system; (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 waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire HaZlnat, San Bernardino County Flood Control District or any other public agency with jurisdiction, Sec. 8.80. 207. Exceptions to the Prohibited Discharges The following discharges of non-storm water into the City's storm drainage system are generally exempt from the Prohibited Discharges listed in Section 8.80.206 of this chapter. However, Subsections 12-22, below, have been identified as potentia] significant sources of pollutants and require coverage under the Regional Board's De Minimus permit as well as prior approval by the City Engineer before discharge (see *note below): (1) Discharges covered by NPDES permits or written clearances issued by the Regional or State Board; 15 (2) Landscape irrigation, lawn watering, and irrigation water; e 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Water from crawl space pumps; (4) Air conditioning condensation; (5) Non-commercial car washing; (6) Rising ground waters and natural springs; (7) Ground water infiltration as defined in 40 CFR 35.2005 (b) (20) and uncontaminated pumped ground water; (8) Water flows from riparian habitats and wetlands; (9) 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; (10) Waters not otherwise containing wastes as defined in California Water Code Section 13050 (d), t2 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e e (II) Other types of discharges identified and recommended by the City and approved by the Regional Water Quality Control Board. (12) *Potable water line testing or flushing and other discharges from potable water sources; (13) 'Water from fire hydrant testing and flushing using appropriate BMPs; (14) 'Water from passive foundation drains or passive footing drains; (15) 'Dechlorinated swimming pool discharges; (16) *Diverted stream flow; (17) *Wastes associated with well installation, development, test pumping and purging; (18) 'Aquifer testing wastes; (19) 'Discharges from hydrostatic testing of vessels, pipelines, tanks, etc.; (20) 'Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.~ (21) 'Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs. etc.; (22) 'Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; '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 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 Services Department counter. Monitoring may also be required for these discharges. The Regional Board may issue Waste Discharge Requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer of the Board may also add categories of non-storm water discharges that are not significant sources of pollutants or remove categories of non-storm water discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges, above, would be adjusted accordingly. Sec. 8.80. 208. Compliance with Best Management Practices (BMPs) Any person undertaking any activity or operation in the City of San Bernardino that could 27 potentially cause or contribute to storm water pollution or a discharge of non-storm water shall 28 13 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 comply with all applicable Best Management Practices (BMPs) as listed in the Califomia Stoml Water Best Management Practice Handbooks or the current, San Bemardino County Storm 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 extent practicable or to the extent required by law. Sec. 8.80. 209. Treatment of Storm Water Runoff 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 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 practices to the maximum extent practicable. Any required treatment equipment or devices shall be provided, operated, and maintained at the expense of the discharger. Detailed plans showing the treatment device and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction or installation of the equipment. The review and approval of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to treat storm water runoff or prevent the introduction of storm water pollutants to comply with this chapter. Sec. 8.80. 210. Affirmative Defense A discharger shall have an affirmative defense in any action brought against it alleging a 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 discharges from other sources, would cause violation of this chapter or the Areawide Urban Storm Water Runoff Permit. Sec. 8.80. 211. Spill Containment Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the City Engineer and Federal, State and County Standards. Persons storing any other materials or equipment that are potential sources of storm water pollution are also required to install spill containment. No person shall operate a spill containment system that could allow incompatible materials and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of 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 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 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 tit 27 tit tit " stored there or the volume of the largest container, whichever is greater. Spill containment I systems shall also be constructed of impermeable and non-reactive materials to the materials and/or wastes being contained. Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system. Unless otherwise approved by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable Federal, State, and local rules, regulations, and laws, and shall not be discharged into the City's sanitary sewer system, storm water drainage system or onto the ground. Sec. 8.80. 212. Immediate Notification of Accidental Discharge Protection of the City's storm water drainage system from the accidental discharge of prohibited 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 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 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. A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedures. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the proper authorities. 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 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 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 hazardous materials or hazardous waste shall be reported within 24 hours. Sec. 8.80. 213. Written Notification of Accidental Discharge 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 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 discharge. The report shall also describe in detail all corrective actions taken and measures to be taken to prevent future occurrences. 28 15 e e 26 e 27 28 1 2 3 4 5 6 Such notification of the accidental discharge shall not relieve the user of any fines or ci\'il penalties incurred as a result of the event or any other liability which may be imposed by this chapter or other applicable laws. Sec. 8.80. 214. Authority to Inspect The City Engineer or his designated representative shall be authorized, at any reasonable time, to 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: 7 (I) Conduct inspection, monitoring, and/or other authorized duties to enforce the provisions of this chapter; 8 9 10 11 12 13 14 15 16 17 18 19 20 (2) Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information; and (3) Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. The City Engineer or his designated representative shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the City Engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises. 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 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 such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. 21 Where a discharger has instituted security measures requiring proper identification and clearance 22 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 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 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. 23 24 25 16 Article 5. Construction Requirements 2 ~ 8.80.501. Storm Water Quality Management Plan (SWQMP) 3 Pri'or 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 fonn provided by the City. The SWQMP shall identIfy all BMPs that will be incorporated into the project to control 5 storm water and non-stonn 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 Pennit as well as construction projects less than ... one acre. Qualifying developmentlredevelopment 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, mIDI- 10 malls, hotels, office buildings, warehouses, and light industrial facilities; II (3) Vehicle maintenance shops (SIC codes 50 I 3, 5014, 554 I, 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 wilh 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 stonn 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 developer/owner engaging in construction activities which disturb one acre or more of land 22 shall apply for coverage under the General Storm Water Penn it for Construction Activity with the State Water Resources Control Board (SWRCB). Any developer/owner engaging in construction activities which disturb less than one acre but are part of a larger common plan of .;]Idevelopment or sale that is greater than one acre must also apply for coverage under the General 2; 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 penn it. Owners may obtain coverage under the General Pennit by completing a "Notice of Intent" form 27 (NOI) 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 NOI fonn and checklIst of Items to submIt 28 to the state is available from the State Water Resources Control Board in Sacramento, California 17 e e e 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the City Engineer cannot determine the responsible party or residential unit responsible. the 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 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. Sec. 8.80. 303. Maintenance of Private Residential Storm Drainage Systems All private residential storm drainage inlets, underdrains and gutters shall be inspected annually and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions: (I) The sediment/debris storage volume is 25 percent or more full; (2) There is evidence of illegal discharge; (3) Accumulated sediment or debris impairs the hydraulic function of the facility. Private streets shall also be swept and maintained as needed to prevent sediment, gardening waste, trash, litter and other contaminants from entering the City's storm drainage system. Article 4. Industrial and Commercial Requirements Sec. 8.80 .401. Non-Storm Water Discharges All non-storm water discharges associated with industrial and commercial actIvItIes that 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. Sec. 8.80. 402. General Permit for Storm Water Discharges from Industrial Activities All businesses who own or operate facilities described in 40 CFR 122.26(b)(l4)(i)-(xi) are required to obtain coverage under the State's General Permit for Discharges of Storm Water 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 (NO!) form, 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 (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NO! form are available from the City's Development Services Department. 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 (WOlD) from the State Water Resources Control Board, either mail, FAX or hand deliver a copy of the WOlD letter from the State to the Development Services Department as proof of filing. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 e e Sec. 8.80. 403. Conditional Category - Notice of ~on-Applicability Businesses who own or operate facilities described in 40 CFR l22.26(b)(l4)(xi) may prepare a "NOTICE OF NON-APPLICABILITY" in lieu of an NOI if they can ceI1ify on this forn] 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. The "Notice of Non -Applicability" must document all of the following: (I) All prohibited non-storm water discharges have been eliminated or otherwise pennined; (2) All significant materials related to industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water discharges; (3) All industrial activities and industrial equipment are not exposed to storm water or authorized non-stonn water discharges; (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 generate dust and paI1iculates. 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 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 "Notice of Non-Applicability" form are available from the City's Development Services Department. Sec. 8.80. 404. Best Management Practices (BMPs) All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the 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 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 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, including waste hauling receipts shall be kept for a period of five (5) years and made available to the City's inspector, upon request. If structural or treatment controls are not functioning as designed or are not effective in reducing 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. 28 19 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Article 5. Construction Requirements Sec. 8.80.501. Storm Water Quality Management Plan (SWQMP) Prior to the Issuance of any grading or building permit, all qualifying land de\'elopmen(!redevelopment projects, shall submit and have approved a STOR.1\1 WATER 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 stonn 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 covered by the KPDES General Construction Permit as well as construction projects less than five acres. Qualifying development/redevelopment projects include: (1) Home subdivisions of 10 units or more. This includes single family residences, multi- family residences, condominiums, apartments, etc.; (2) Commercial developments of 100,000 square feet or more. This includes non-residential developments such as hospitals, educational institutions, recreational facilities, mini- malls, hotels, office bui ldings, warehouses, and light industrial facilities; (3) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); (4) Food Service businesses developing 5,000 square feet or more ofland area; (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; (6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 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 Clean Water Act Section 303(d) list of impaired waters; (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; (8) All re-development projects adding 5,000 square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots, etc. Sec. 8.80.502. General Permit for Storm Water Discbarges from Construction Activity Any developer/owner engaging in construction activities which disturb five acres or more of land shall apply for coverage under the General Storm Water Permit for Construction Activity with the State Water Resources Control Board (SWRCB). Any developer/owner engaging in construction activities which disturb less than five acres but are part of a larger common plan of development or sale that is greater than five acres must also apply for coverage under the 20 e e e . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Storm Water Pennit for Construction Activity with the State Water Resources Control Board (SWRCB). "Construction activity" includes, but is not limited to: clearing, grading, demolition, 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 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 (NOI) 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 NO! form and checklist of items to submit to the state is available from the State Water Resources Control Board in Sacramento, California 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. Prior to obtaining any City-issued grading and/or construction permits the developer/owner shall 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 Department. Sec.8.80. 503. Non-Storm Water Discharges . 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 City Engineer or the Regional Water Quality Control Board (RWQCB). The City and the RWQCB will allow the discharge of certain non-stann water discharges from construction sites 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 Water Quality Control Board, Santa Ana Region. The following discharges are authorized provided they are in compliance with the permit: (I) Construction dewatering wastes; (2) Wastes associated with well installation, development, test pumping and purging; (3) Aquifer testing wastes; (4) Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; (5) Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.; (6) Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.; (7) Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; 2] e e 17 18 19 20 21 22 23 24 25 26 e 27 28 I 1 2 (8) Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; 3 (9) Discharges from fire hydrant testing or flushing; 4 5 6 7 8 9 10 11 12 13 14 Sec.8.80.504. Non-Storm Water Discharge Reporting Requirements 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-stonn 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-Stornl Water Discharge Notification Form" for any developer that is proposing to discharge any non- stonn water from a construction site. The Non-Storm Water Discharge Notification Form must 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 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: (I) Type of proposed discharge; (2) Estimated average and maximum daily flow rate; (3) Frequency and duration of discharge; 15 (4) A description of the proposed treatment system (if appropriate); 16 (5) A description of the path from the point of discharge to the nearest storm drain inlet. 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 (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 required constituents shall be reported to the City's Development Services Department on a weekly basis. Sec. 8.80. 505. Best Management Practices All construction projects which could potentially have an adverse impact on the City's storm 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 Water Best Management Practice Handbook", to reduce pollutants to the maximum extent practicable or to the extent required by law. 22 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Article 6. Administrative Enforcement Remedies Sec. 8.80. 601. Notice of Correction (NOC) 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 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 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. Sec. 8.80. 602. Notice of Violation When the City Engineer or his authorized representative finds that any discharger has failed to 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 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 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 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 pennitted by the discharger. 15 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 16 his authorized representative: 17 18 19 20 21 22 23 (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) 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) A Third Notice of Violation shall be issued for a third violation of this same ordinance 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 year shall also be punishable by an administrative fine of $500.00. 24 Sec. 8.80. 603. Administrative Orders 25 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 Administrative Order, enforceable in a court of law or by directly seeking court action. 26 27 28 23 workmg 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 City Administrator's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period. ~ 8.80. 608. Violations Deemed a Public Nuisance 3 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 property 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 II The City Attorney may commence an action for appropriate legal, equitable or injunctive relief t 2 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 t 3 standards or pennit conditions, or who violates the requirements of any Administrative Order. t4 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 of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and pennits issued thereunder and other expenses associated with 16 enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incuned 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, conective 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 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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 Work Order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the City for the issuance thereof. (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 pemlit or the Basin Plan, or NPDES Storm Water Permit, the City may issue a Cease and Desist Order directing the discharger to: (a) Immediately discontinue any illicit connection or prohibited discharge to the City's storm water drainage system; (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; (c) Immediately discontinue any other violation of this chapter. A Cease and Desist Order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the City for the issuance thereof. (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 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 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 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. The discharger shall also be liable for all costs for re-instituting storm drain service. (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 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 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 industrial and/or commercial discharger notified that their stann drain service has been suspended shall immediately cease and eliminate the discharge into the City storm water drainage system. 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 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 25 e e e lC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 costs incurred by the City in terminating storm drain service. Storm drain service shall be re-instituted by the City Engineer after the actual or threatened discharge has becn eliminated. A detailed written statement, submitted by the industrial and/or commercial 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 days of the date of storm drain service termination. Sec. 8.80. 604. Administrative Hearing 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 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 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 the City Engineer or his designee, shall have the right to present evidence. 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 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 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 may be made on any agent or officer of the discharger. Sec. 8.80. 605. Administrative Civil Penalties 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 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 proposed civil penalty, and the authority under which it is imposed. 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 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 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 Council of the City of San Bernardino within thirty (30) days of notice of the City Administrator's decision. If after the hearing, or appeal, if any, it is found that the person has violated reporting or 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 Administrator or Mayor and Common Council may take into consideration all relevant 26 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~--~--T ~-~-~- circumstances, including, but not limited to, the extent of harm caused by the \'io]ation, the 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. attempted or taken by the discharger. Civil penalties may be assessed as follows: 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 City; b. In an amount which shall not exceed five thousand dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, areawide urban runoff permit condition, or requirement issued, reissued or adopted by the City; c. In an amount which shall not exceed ten dollars ($ I 0) per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City. . d. The amount of any civil penalties imposed under this section which have remained 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 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 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 Sections 683.] 10 to 683.220, inclusive, of the California Code ofCivi] Procedure. 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 storm drainage system or for other mitigation measures. 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 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 other persons who appeared at the hearing and requested a copy. 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 Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure. Sec. 8.80. 606. Compensation for Damages Any person who damages monitoring equipment, has the potential to affect or affects human 27 health or the environment, discharges pollutants into the City's storm drainage system which 28 27 e e e ';I. 1 2 3 4 5 6 7 8 9 ]0 1] ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 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 percentage, shall be added to these charges and shall be payable to the City within thirty (30) calendar days of invoicing. Sec. 8.80. 607. Appeals Any decision of the City Engineer may be appealed. An appeal must be initiated within ten (10) 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 appeal shall be held on a date no more than fifteen (IS) 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 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 show cause why the determination of City Engineer should not be upheld. Within forty-five (45) 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 City Manager's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period. Sec. 8.80. 608. Violations Deemed a Public Nuisance In addition to the penalties established by this Chapter, any threat to public health, safety or 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 otherwise compel the cessation of such nuisance may be taken by the City Attorney. 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 property and such lien shall continue in existence until the same shall be paid. Article 7. Judicial Enforcement Remedies Sec. 8.80. 701. Legal Action The City Attorney may commence an action for appropriate legal, equitable or injunctive relief 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 standards or permit conditions, or who violates the requirements of any Administrative Order. 28 e e e I Ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 suit of la\\' 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 enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of San Bernardino. Sec. 8.80. 702. Civil Penalties Persons who continue to violate any provision of this chapter shall be liable to the City for a 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 average discharge limit, penalties shall accrue for each day during the period of the violation. 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 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 factor as justice requires. 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 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. Sec. 8.80. 703. Criminal Prosecution Any person who willfully or negligently violates any provIsIOn of this chapter or permit conditions, or who violates any Administrative Order or any other provision of this chapter is 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) 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 permitted by such discharger, and shall be punishable therefore as provided by this section. Sec. 8.80. 704. Falsifying Information 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, 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 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 of not more than six (6) months. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 e 14 e e ---1'--- Article 8. General Clauses Sec. 8.80. 801. Severability If any provisions, paragraph, word, section or article of this Chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraph, words, sections, and other chapters, shall not be affected and shall continue in full force and effect. Sec. 8.80. 802. City's Right of Revision The Mayor and Common Council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the City's stoml water drainage system, if deemed necessary. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 '1" . e AN 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 meeting thereof, held on the 5 _dayof , 2004, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LONGVILLE MC GINNIS 9 DERRY 10 KELLEY II JOHNSON MC CAMMACK 12 13 CIty Clerk The foregoing Ordinance is hereby approved this e 14 day of ,2004. 15 16 17 Approved as to 18 form and legal content: 19 JAMES F. PENMAN, City Attorney Judith Valles, Mayor City of San Bernardino 20 21 By: 7. 22 23 24 25 26 e 27 28 ~: ~'oI'~ . .)t, , " ,,' _, ,_' .f.J[lUJ)l..C A **"JPR OFF,ICE USE OHLY - HOY.!\ PUBLlCDOCUJoi~**-'" ;:~ :~~\~?!;.:.,:: ~: -.~~;f;t? -~-~:~;~:' r;~~~,~,,~~.'_" _~..~'n~:,F~~~,;~~' ';J~.7~'~f_t~t:~:"f~~~:'~J::'#;- . . .... .... . . .' CITY OF SAN BERNARDINO. :'cn:y CLERK'S .'oFFICE -~_'''C~~h'_ J . . -"/- ..... RECORDS & INFORMATION MANAGEMENT PROGRAM Meeting Date/Date Adopted: AGENDA ITEM TRACKING FORM 3/1 /0 '-( I { Resolution/<?rdinance No. ftlC - II (, 7 Effective Date: 3 / I / () '! Vote: Ayes: / I~ 2, ~ (,,/ -; Abstain; --R- Date Sent to Mayor: '3 /2. /0 L/ / I;;, Date of Mayor's Signature: ~, _;/(J Y Date Summary Sent to Attorn y: 3'/2- / () '! }O'O II Date Published: '6, Item No. Ordinance Urgency~ I No Termination/Sunset Date: ;),7 Nays: Absent: -cr rS- Date Returned from Mayor: '1~ Meeting Type: Continued Fro Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distributecl To: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Att71 Notes: if/~~ /~- -:3 01 ( U Yes No Ready to File: J ~~- Date: 3 / t( /0 c/ 1/1 DOClJM8olT lOCAOON: fOIUl6'AIfI'Ida.... T.-ddnIFomt..CC foIftlI ND. 11...l.1IC ~ 12t04II996