262 •
('' ORDINANCE NO. 262
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN. BERNARDINO, STATE OF CALIFORNIA,
REPEALING EXISTING CHAPTER 13.20 AND ADOPTING A NEW CHAPTER
13.20 (STORMWATER SYSTEM) OF TITLE 13 OF THE MUNICIPAL CODE.
WHEREAS, the National Pollution Discharge Elimination System (NPDES) is a national
program under Section 402 of the Clean Water Act for the regulation of discharge of pollutants
from point sources to waters of the United States;
WHEREAS, the Santa Ana Regional Water Quality Control Board (SARWQCB)
administers permits to local jurisdictions under rules set by the Clean Water Act and in 1992, the
first permit was issued to the County of San Bernardino for the regulation of the Municipal
Separate Storm Sewer System (MS4);
WHEREAS, the MS4 permit regulates the discharge of pollutants in the form of runoff
that is under the jurisdiction of the Permittees and the City of Grand Terrace is a Co-Permittee
under the County of San Bernardino's MS4 Permit;
WHEREAS, the MS4 permit states that the Permittees shall maintain adequate legal
authority to control the discharge of pollutants to their MS4s through an ordinance, statute,
permit, contract or similar means and enforce these authorities;
r 1 WHEREAS, the Grand Terrace City Council adopted Chapter 13.20 of the Grand
Terrace Municipal Code (Stormwater System) in 1993 and it has not been modified, revised or
updated since that time; and
WHEREAS, the City Council desires to update Chapter 13.20 in order to meet the
requirements of the NPDES Permit.
NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby ordain
as follows:
SECTION 1. That Chapter 13.20 (Stormwater System) of Title 13 (Public Services) of
the Grand Terrace Municipal Code is hereby repealed.
SECTION 2. That Title 13 (Public Services) of the Grand Terrace Municipal Code is
hereby amended with a new Chapter 13.20 (Stormwater System) as follows:
STORMWATER SYSTEM
Article I. Authority, Purpose and.Policy, Definitions
13.20.010—Authority.
13.20.020— Purpose and objectives.
13.20.030— Definitions.
public health, safety and
welfare.
SECTION 14.. This ordinance shall not preclude the continued operation of
any lawfully existing adult business uses which are not seeking to expand, convert,
relocate or otherwise change its use, or the opening or commencement of any adult
business uses as a new business for which all discretionary and non-discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 15.. The Moratorium established herein shall not be applicable if a
request for exception due to hardship, or other .unique.circumstances that have
arisen as a result of this ordinance is approved by the City Council of the City of
Grand Terrace. Any request for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Article II. General Conditions and Prohibitions
13.20.040—Administration.
13.20.050—Applicability.
13.20.060— Notice to Remediate.
13.20.070— Notice procedures.
13.20.080—Connections.
13.20.090— Protection of the storm drainage system.
13.20.100— Prohibited discharges.
13.20.110— Exceptions to the prohibited discharges.
13.20.120— Notification of intent and compliance with general permits.
13.20.130—Compliance with Best Management Practices (BMPs).
13.20.140—Affirmative defense.
13.20.150—Spill containment.
13.20.160— Immediate notification of accidental discharge.
13.20.170—Written notification of accidental discharge.
13.20.180—Authority to inspect.
Article Ill. Residential Requirements
13.20.190— Prohibited discharges.
13.20.200— Responsibility for illegal discharge of prohibited substances.
13.20.210— Maintenance of private residential storm drainage systems.
Article IV. Industrial and Commercial Requirements
13.20.220— Non-stormwater discharges.
13.20.230—General permit for stormwater discharges from industrial activities.
13.20.240—Conditional category- notice of non-applicability.
13.20.250— Best management practices (BMPs).
Article V. Construction Requirements
13.20.260—Stormwater quality management plan (SWQMP).
13.20.270—General permit for stormwater discharges from construction activity.
13.20.280— Non-stormwater discharges.
13.20.290— Non-stormwater discharge reporting requirements.
13.20.300- Best management practices (BMPs).
13.20.310—WQMP transfer, access, and maintenance agreement.
Article VI. Enforcement Remedies
13.20.320— Notice of correction.
13.20.330— Notice of violation.
13.20.340—Administrative orders.
13.20.350—Administrative hearing.
13.20.360—Compensation for damages.
13.20.370—Appeals.
13.20.380—Violations deemed a public nuisance.
13.20.390— Legal action.
13.20.400—Civil penalties.
ipal Code is
hereby amended with a new Chapter 13.20 (Stormwater System) as follows:
STORMWATER SYSTEM
Article I. Authority, Purpose and.Policy, Definitions
13.20.010—Authority.
13.20.020— Purpose and objectives.
13.20.030— Definitions.
public health, safety and
welfare.
SECTION 14.. This ordinance shall not preclude the continued operation of
any lawfully existing adult business uses which are not seeking to expand, convert,
relocate or otherwise change its use, or the opening or commencement of any adult
business uses as a new business for which all discretionary and non-discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 15.. The Moratorium established herein shall not be applicable if a
request for exception due to hardship, or other .unique.circumstances that have
arisen as a result of this ordinance is approved by the City Council of the City of
Grand Terrace. Any request for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
13.20.410—Criminal prosecution.
13.20.420— Falsifying information.
CHAPTER 13.20
ARTICLE I. Authority, Purpose and Policy, Definitions
13.20.010—Authority.
This chapter is enacted pursuant to authority conferred by an Area Wide Urban
Stormwater Run-Off Permit issued by the California Regional Water Quality Control
Board Santa Ana Region pursuant to Section 402 of the federal Clean Water Act.
13.20.020 - Purpose and Objectives.
A. The purpose of this chapter is to ensure the health, safety and general welfare of
the residents of the City of Grand Terrace by prescribing regulations to effectively
prohibit non-stormwater discharges into the city's stormwater drainage system
and to specifically achieve the following objectives:
1. Control discharges from spills, dumping or disposal of materials other than
stormwater.
2. Reduce the discharge of pollutants in all stormwater 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.
13.20.030— Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
A. "Adjustment" means a determination that the volumetric amount of stormwater
which enters the stormwater drainage system from a premise is deemed to be a
defined amount substantially different from the average stormwater drainage.
B. "Area-wide urban stormwater runoff permit" means 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 (16) incorporated cities discharging
stormwater into the Upper Santa Ana River Basin for the regulation of stormwater
discharges from municipal separate storm sewer systems.
EM
Article I. Authority, Purpose and.Policy, Definitions
13.20.010—Authority.
13.20.020— Purpose and objectives.
13.20.030— Definitions.
public health, safety and
welfare.
SECTION 14.. This ordinance shall not preclude the continued operation of
any lawfully existing adult business uses which are not seeking to expand, convert,
relocate or otherwise change its use, or the opening or commencement of any adult
business uses as a new business for which all discretionary and non-discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 15.. The Moratorium established herein shall not be applicable if a
request for exception due to hardship, or other .unique.circumstances that have
arisen as a result of this ordinance is approved by the City Council of the City of
Grand Terrace. Any request for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
C. "Average stormwater drainage" means the average amount of stormwater
drainage which enters the stormwater drainage system from a premise, based on
runoff factors established by the San Bernardino County Flood Control District.
D. "Basic Assessment Unit (BAU)" means the proportionate runoff from the average
single-family parcel. The average single-family residential parcel has an area of
0.1666 acres (7,200 square feet) and a runoff factor of 0.695. The level of runoff
from this type of property is referred to as a Basic Assessment Unit and is used
to establish user class equivalency.
E. "BMP" means 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.
F. "City" or"the city" means to the City of Grand Terrace, California.
G. "Construction activity" means 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.
H. "Contamination" means the same as defined in the Porter-Cologne Water Quality
Control Act, as the same exists or may be amended from time to time, which at
the time of the adoption of this section reads:
"Contamination"means 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 disease. "Contamination" includes any
equivalent effect resulting from the disposal of waste whether or not waters of
the state are affected.
I. "Compliance schedule" means the time period allowed by the city for a
discharger to achieve compliance with the city's stormwater 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.
J. "Developed parcel" means 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.
K. "Developer" means 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.
L. "Dewatering" means the removal and disposal of surface water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
- M. "Director of Building & Safety/Public Works" means the Director of Building &
Safety/Public Works for the city, or his or her designee.
N. "Discharge" means any release, spill, leak, flow or escape of any liquid including
sewage, wastewater or stormwater, semi-solid or solid substance onto the land
or into the city's stormwater drainage system.
O. "Discharger" means any person, property owner or occupant of a unit, building,
premise or lot in the city who releases or causes to be released any discharge,
as defined in this section, directly or indirectly, into the city's stormwater drainage
system.
P. "EPA" means the Environmental Protection Agency of the United States of
America.
Q. "General permit for stormwater discharges from construction activity" means a
statewide General NPDES Permit that regulates all stormwater discharges
associated with construction projects that disturb five (5) acres or more of land or
which result in the disturbance of less than five (5) acres, but which are part of a
larger common plan of development or sale.
R. "General permit for stormwater discharges from industrial activities" means a
statewide General NPDES Permit that regulates stormwater discharges
associated with industrial activities that are listed in 40 CFR 122.26 (b) (14).
S. "Hearing officer" means the City Director of Building & Safety/Public Works or his
or her designee, who presides, at the administrative hearings authorized by this
chapter and issues final decisions on matters raised therein.
T. "Illegal discharge" means any discharge (or seepage) into the city's stormwater
drainage system that is not composed entirely of stormwater except for the
authorized discharges listed in § 13.20.110 of this chapter. Illegal discharges
include the improper disposal of wastes into the stormwater drainage system.
U. "Illicit connection" means either of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows
an illegal discharge to enter the stormwater drainage system (including, but
not limited to, any conveyance which allows non-stormwater discharges,
including sewage, process wastewater and wash water) to enter the
stormwater drainage system, and any connections to the stormwater
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;
2. Any drain or conveyance connected to the stormwater drainage system that
is not permitted pursuant to a valid NPDES Permit or which has not been
1 documented in plans, maps or equivalent records approved by the city.
g in such capacity, are not developers.
L. "Dewatering" means the removal and disposal of surface water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
V. "Maximum Extent Practicable (MEP)" means the maximum level of pollutant
reductions or stormwater 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 stormwater runoff into the city's
stormwater drainage system.
W. "National Pollutant Discharge Elimination System (NPDES)" means the EPA's
national program under the Clean Water Act to eliminate discharges of pollution
into waters of the United States.
X. "New development" means land disturbing activities;. structural development,
including construction or installation of a building or structure, creation of
impervious surfaces; and land subdivision.
Y. "NPDES Permit" means any permit issued pursuant to the Federal Clean Water
Act.
Z. "Non-structural BMPs" means any schedules of activities, prohibitions of
practices, maintenance procedures, managerial practices or operational
practices that aim to prevent stormwater pollution by reducing the potential for
contamination at the source of pollution.
AA. "Notice of Intent (NOI)" means 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 Stormwater Permits prior to
the start of certain business activities or construction activities.
BB. "Non-stormwater" means any water discharging to the city's stormwater
drainage system that does not originate from precipitation events.
CC. "Nuisance" means any condition described by all of the following:
1. 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.
2. 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.
3. Occurs during, or as a result of, the treatment or disposal of wastes.
DD. "Permit" means any permit issued by the city.
EE. "Permittee" means the San Bernardino County Flood Control District; San
Bernardino County; and each of the sixteen (16) cities in San Bernardino
t to a valid NPDES Permit or which has not been
1 documented in plans, maps or equivalent records approved by the city.
g in such capacity, are not developers.
L. "Dewatering" means the removal and disposal of surface water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
County discharging stormwater drainage into the Upper Santa Ana River Basin
l\ 1 and regulated by the Areawide Urban Stormwater Run-Off Permit.
FF. "Person" means 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.
GG. "pH" means the measure of the hydrogen ion concentration of water and the
standard by which the acidity or alkalinity of a water sample is determined.
HH. "Pollutant" means any substance, including, but not limited to, 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 stormwater
runoff, stormwater drainage system or the impairment or degradation of waters
of the state, including, but not limited to, the following:
1. Floatable materials (such as floatable plastics or wood products, and metal
shavings, or materials forming films, foam or scum);
2. Household waste (such as trash, cleaners, toxic or hazardous chemicals,
yard wastes, animal fecal materials, used oil, coolant, gasoline and other
vehicle fluids);
3. Metals and non-metals, including compounds of metals and non-metals;
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
5. Domestic sewage from sewer line overflows, septic tanks, porta-potties,
boats and recreational vehicles;
6. Animal wastes (such as wastes from confinement facilities, kennels, pens,
stables, and show facilities);
7. Substances having a pH less than 6.5 or greater than 8.5, or unusual
coloration, turbidity or odor;
8. Materials causing an increase in biochemical oxygen demand, chemical
oxygen demand or total organic carbon;
9. Materials containing base/neutral or acid extractable organic compounds;
10. 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
ntrol District; San
Bernardino County; and each of the sixteen (16) cities in San Bernardino
t to a valid NPDES Permit or which has not been
1 documented in plans, maps or equivalent records approved by the city.
g in such capacity, are not developers.
L. "Dewatering" means the removal and disposal of surface water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
blasting; use of chemical degreasing or diluting agents;. and chlorinated
water from potable line flushing;
11. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act
as the same exists or may be amended from time to time; and
12. 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 EPA to adversely affect
the beneficial uses of waters of the state.
II. "Redevelopment" means 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.
JJ. "Sewage" means the wastewater of the community derived from residential,
agricultural, commercial, or industrial sources, including domestic sewage, and
industrial wastewater.
KK. "Stormwater" means rain water, snowmelt runoff, and associated surface runoff
and drainage.
LL. "Stormwater drainage system" means all of the property involved in the
operation of the stormwater 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 stormwater runoff system.
MM. "Stormwater Pollution Prevention Plan (SWPPP)" means the plan as described
in the General Construction Activity Stormwater Permit as issued by the State
Water Resources Control Board on August 19, 1999, and as may be amended,
and the General Industrial Activities Stormwater Permit as issued on April 17,
1997, and as may be amended, which specifies BMPs that will prevent
pollutants from contacting stormwater and all products of erosion from moving
off site into receiving waters.
NN. "Stormwater Quality Management Plan (SWQMP)" means a plan required of
new development/redevelopment projects, outlining appropriate non-structural
and structural BMPs, including stormwater infiltration and treatment devices
that will be implemented and installed to prevent pollutants from being
discharged into the city's stormwater drainage system, during and after
construction.
00. "Structural BMPs" means any structural facility designed and constructed to
remove pollutants from stormwater runoff or prevent pollutants from contacting
stormwater. Examples include canopies, structural enclosures, sediment
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
PP. "Violation" means a breach of any provision of this chapter.
QQ. "Waters of the state" means any surface water or groundwater, including saline
waters, within the boundaries of the State.
ARTICLE II. General Conditions and Prohibitions
13.20.040—Administration.
Except as otherwise provided, the Director of Building & Safety/Public Works shall
administer, implement, and enforce the provisions of this chapter. Any powers granted to
or duties imposed upon the Director of Building & Safety/Public Works, may be
delegated by the Director of Building & Safety/Public Works to persons acting in the
beneficial interest of or in the employment of the city.
13.20.050—Applicability.
This chapter shall apply to all dischargers, including all residents as well as
commercial, industrial, and construction enterprises, to the city's stormwater drainage
system, and to dischargers outside the city who, by agreement with the city, utilize the
city's stormwater drainage system.
13.20.060 - Notice to remediate.
Whenever the Director of Building & Safety/Public Works finds any nonpermitted,
prohibited substances discharge or any other material of any kind, in or upon the
sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds,
which may resulting an increase in pollutants entering the city storm drain system, the
Director of Building & Safety/Public Works may give notice to remove any nonpermitted,
prohibited substance discharge. The discharger who receives such a notice shall
undertake the remediation activities as described in the notice.
13.20.070 - Notice procedures.
Unless otherwise provided herein, any notice issued under this chapter shall be in
writing and 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 United States Postal Service.
13.20.080—Connections.
; A. The discharge or diversion of stormwater or non-stormwater is permissible when
the connection to the city's stormwater drainage system is made in accordance
(SWQMP)" means a plan required of
new development/redevelopment projects, outlining appropriate non-structural
and structural BMPs, including stormwater infiltration and treatment devices
that will be implemented and installed to prevent pollutants from being
discharged into the city's stormwater drainage system, during and after
construction.
00. "Structural BMPs" means any structural facility designed and constructed to
remove pollutants from stormwater runoff or prevent pollutants from contacting
stormwater. Examples include canopies, structural enclosures, sediment
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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with a valid construction permit, approved construction plan, and, if applicable,
an NPDES Stormwater Permit and the discharge is not prohibited under
Section 13.20.100 of this chapter.
B. It is prohibited to establish, use, maintain, and/or continue any illicit drainage
connections to the city's stormwater 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 laws or practices applicable or prevailing
at the time of the connection.
C. Construction permits are required for the construction or modification of any
storm drain or conveyor of drainage waters and appurtenant items within the
following:
1. Dedicated easements, rights-of-way, or public places and/or facilities.
2. Private property so as it may directly or indirectly discharge into the city's
stormwater drainage system. Indirect discharges include, but are not limited
to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.
13.20.090 - Protection of the stormwater drainage system.
Without the prior written approval of the Director of Building & Safety/Public Works,
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
stormwater drainage system, including any action which may alter the capacity, fall, or
structural integrity of a storm drain, channel or related structures.
13.20.100 - Prohibited discharges.
It is prohibited to:
A. Discharge non-stormwater directly or indirectly to the city's stormwater 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 Section 13.20.110 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 stormwater discharges, such discharge is also
prohibited.
B. Discharge stormwater into the city's stormwater drainage system containing
pollutants that have not been reduced to the maximum extent practicable.
C. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed,
m , any refuse, garbage, iment or s or
abandonedleftor objectsaintained, articles, and accumulationssed, in or upon other any di streetcarded, alley,
sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
t
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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o not adequately protect the health, safety, and general welfare of
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' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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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.
D. Throw or deposit any refuse, garbage or any other pollutants into any fountain,
pond, lake, stream or any other body of water in a park or elsewhere within the
city.
E. Discharge any of the following types of waste into the city's stormwater drainage
system:
1. Sewage.
2. Surface cleaning wash water resulting from mopping, rinsing, pressure
washing or steam cleaning of gas stations, and vehicle service businesses or
any other businesses.
3. Discharges resulting from the cleaning, repair, or maintenance of any type
of equipment, machinery, or facility, including, but not limited to, motor
vehicles, concrete mixing equipment, and portable toilet servicing.
4. Wash water from activities such as, but not limited to, mobile auto detailing
and washing, steam and pressure cleaning, carpet cleaning, drapery and
furniture cleaning.
( Th 5. Waste water from cleaning municipal, industrial, commercial, and residential
areas, such as, but not limited to, parking lots, streets, sidewalks, driveways,
patios, plazas, work yards and outdoor eating or drinking areas, containing
chemicals or detergents and without prior sweeping.
6. Stormwater runoff from material or waste storage areas containing chemicals,
fuels, grease, oil or other hazardous materials or contaminated equipment.
7. Discharges from pool or fountain water containing chlorine, biocides, acids or
other chemicals; pool filter backwash containing debris and chlorine.
8. Pet waste, yard waste, debris, and sediment.
9. Restaurant wastes such as, but not limited to, grease, mop water, and wash
water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins,
grease containers, and food waste.
10. Chemicals or chemical waste.
11. Medical wastes.
12. Blow down or bleed water from cooling towers and boilers, and regenerative
brine waste from water softeners or reverse osmosis treatment systems.
ly exempted, but causes the city to violate any
portion of its NPDES permits for stormwater discharges, such discharge is also
prohibited.
B. Discharge stormwater into the city's stormwater drainage system containing
pollutants that have not been reduced to the maximum extent practicable.
C. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed,
m , any refuse, garbage, iment or s or
abandonedleftor objectsaintained, articles, and accumulationssed, in or upon other any di streetcarded, alley,
sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
t
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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o not adequately protect the health, safety, and general welfare of
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2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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13. Any materials or chemical substances that cause damage to the city's
stormwater drainage system.
14. Any other material that causes or contributes to a condition of
contamination, nuisance or pollution in the city's storm drainage system or
causes a violation of any waste disposal regulations, waste discharge
requirements, water quality standards or objectives adopted by the State
Water Resources Control Board, Regional Water Quality Control Board,
EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood
Control District or any other public agency with jurisdiction.
13.20.110 - Exceptions to the prohibited discharges.
A. The following discharges of non-stormwater into the city's storm drainage system
are generally exempt from the prohibited discharges listed in
Section 13.20.110 of this chapter. However, items 12 through 22, below, have
been identified as potential significant sources of pollutants and require coverage
under the Regional Board's De Minimus Permit (see *note below):
1. Discharges covered by NPDES permits or written clearances issued by the
Regional Water Quality Control Board or the State Water Resources Control
Board.
2. Landscape irrigation, lawn watering, and irrigation water.
• 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(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 Section 13050(d) of
the California Water Code.
11. Other types of discharges identified and recommended by the city and
approved by the Regional Water Quality Control Board.
portion of its NPDES permits for stormwater discharges, such discharge is also
prohibited.
B. Discharge stormwater into the city's stormwater drainage system containing
pollutants that have not been reduced to the maximum extent practicable.
C. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed,
m , any refuse, garbage, iment or s or
abandonedleftor objectsaintained, articles, and accumulationssed, in or upon other any di streetcarded, alley,
sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
t
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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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, including of vessels, pipelines, tanks,
and similar types of hydrostatic testing.
20. *Discharges from the maintenance of potable water supply pipelines, tanks,
and reservoirs.
21. *Discharges from the disinfection of potable water supply pipelines, tanks,
and reservoirs.
22. *Discharges from potable water supply systems resulting from system
failures or pressure releases.
*Note: 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-stormwater
discharges that are not significant sources of pollutants or remove categories of non-
stormwater discharges listed above based upon a finding that the discharges are a
significant source of pollutants.
13.20.120— Notification of intent and compliance with general permits.
A. Each industrial discharger, dischargers associated with construction activity,'or
other discharger described in any general stormwater permit addressing such
discharges shall provide the Director of Building & Safety/Public Works with a
copy of the notice of intent to comply with and undertake all other activities
required by the EPA, the State Water Resources Control Board or the California
Regional Water Quality Control Board, Santa Ana Region, or by any general
NPDES stormwater permit applicable to such discharges.
50(d) of
the California Water Code.
11. Other types of discharges identified and recommended by the city and
approved by the Regional Water Quality Control Board.
portion of its NPDES permits for stormwater discharges, such discharge is also
prohibited.
B. Discharge stormwater into the city's stormwater drainage system containing
pollutants that have not been reduced to the maximum extent practicable.
C. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed,
m , any refuse, garbage, iment or s or
abandonedleftor objectsaintained, articles, and accumulationssed, in or upon other any di streetcarded, alley,
sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
t
r
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
water or groundwater for
purposes of preparing a site for construction.
t for exception shall be outlined in a letter accompanied
by the City's application for appeal and filing fee, as determined in the City's adopted
fee resolution with the City Clerk's office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
nance will be in effect.
the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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B. Each discharger identified in an individual NPDES permit or discharge order
relating to stormwater discharges shall comply with and undertake all activities
required by such permit.
13.20.130 -Compliance with best management practices(BMPs).
Any person undertaking any activity or operation in the city that could potentially
cause or contribute to .stormwater pollution or a discharge of non-stormwater shall
comply with all applicable Best Management Practices (BMPs) as listed in the most
current California Stormwater Best Management Practice Handbooks or the San
Bernardino County Stormwater Program's "Report of Waste Discharge", as the same
exists or may be amended, to reduce pollutants in stormwater runoff and reduce non-
stormwater discharges to the city's stormwater drainage system to the maximum extent
practicable or to the extent required by law, whichever is applicable.
13.20.140 -Affirmative defense.
A discharger shall have an affirmative defense in any action brought against it
alleging a violation of Section 13.20.100 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 of the Areawide Urban Stormwater Runoff Permit.
13.20.150 -Spill containment.
l� I Persons storing chemicals or chemical waste outdoors shall be required to install spill
containment subject to requirements established by the Director of Building &
Safety/Public Works and federal, state and county standards. Persons storing any other
materials or equipment that are potential sources of stormwater pollution are also
required to install spill containment. 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 stormwater from precipitation,
and run-on from roof drainage and outside areas. If the spill containment system does
not have a roof which covers the entire contained area, the spill containment system
shall have the capacity to contain precipitation from at least a twenty-four (24) hour,
twenty-five (25) year rainfall event plus ten percent (10%) of the total volume of the
material stored there or the volume of the largest container, whichever is greater. Spill
containment systems shall also be constructed of impermeable and non-reactive
materials to the 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 Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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discharged into the city's sanitary sewer system, stormwater drainage system or onto the
ground.
13.20.160 - Immediate notification of accidental discharge.
Protection of the city's stormwater 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 for review, and shall be approved by the Director
of Building & Safety/Public Works 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 stormwater drainage system, including a street
or gutter, shall be immediately reported to the Building & Safety/Public Works
Department and Fire Department. All discharges that pose a threat to human health or
the environment shall be reported to the Executive Officer of the California Regional
Water Quality Control Board within twenty-four (24) hours by telephone or e-mail and
followed with a written report of the spill event within five (5) days. At a minimum, all
sewage spills over one thousand (1,000) gallons and all reportable quantities of
hazardous materials or hazardous waste shall be reported within twenty-four (24) hours.
13.20.170 -Written notification of accidental discharge.
Within five (5) working days following an accidental discharge into the city's
stormwater 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 Director of
Building & Safety/Public Works. 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.
Such notification of the accidental discharge shall not relieve the user of any fines or
civil penalties incurred as a result of the event or any other liability which may be
imposed by this chapter or other applicable laws.
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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1. Conduct inspection, monitoring, and/or other authorized duties to enforce the
provisions of this chapter;
2. Review any records, reports, test results or other information required to
enforce the provisions of this chapter. Such review may include the necessity
to photograph, videotape, or copy any applicable information; and
3. Inspect any 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.
B. The Director of Building & Safety/Public Works shall provide adequate
identification when entering the premises of any discharger. If such entry is
refused or cannot be obtained, the Director of Building & Safety/Public Works
shall have recourse to every remedy provided by law to secure lawful entry and
inspection of the premises.
C. If the Director of Building & Safety/Public Works has reasonable cause to believe
that non-stormwater 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 Director of Building & Safety/Public Works 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.
D. Where a discharger has instituted security measures requiring proper
identification and clearance before entry onto .the premises, the discharger shall
make all necessary arrangements with its security agents in order that, upon
presentation of such identification, the Director of Building & Safety/ Public Works
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.
ARTICLE III. Residential Requirements
13.20.190 - Prohibited discharges.
In addition to the General Prohibitions in Section 13.20.100 of this chapter, it is
prohibited to discharge any of the following to any street, gutter, 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:
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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A. Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead
trees, fertilizer, soil amendments or mulch, and pesticides.
B. 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 from saw cutting concrete or asphalt, and other construction
waste.
C. Domestic sewage including wastewater from sinks, washing machines,
dishwashers, toilets, campers, motorhomes, and trailers.
D. Chemicals, degreasers, bleach, steam cleaning, and pressure washing
wastewater.
E. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake
fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine
or parts cleaning washwater or rinsewater, and any other vehicular fluids.
F. Water softener brine waste and any other waste water from other household
water treatment systems.
G. Waste water from draining swimming pools, ponds or fountains which contain
chlorine biocides, acids or other chemicals, and pool filter backwash containing
debris and chlorine.
H. Discharges from acid cleaning of swimming pools, ponds or fountains or filter
cleaning from the same.
I. 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
and/or the Regional Water Quality Control Board.
13.20.200 - Responsibility for illegal discharge of prohibited substances.
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 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 system or has caused the contamination of stormwater
runoff from the property by his activities and the Director of Building & Safety/Public
Works 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 will be
responsible for all cleanup costs and damages to the city's storm drainage system from
a contractor's activities.
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:
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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13.20.210 - Maintenance of private residential storm drainage systems.
A. 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:
1. The sediment/debris storage volume is twenty-five percent (25%) or more full.
2. There is evidence of illegal discharge.
3. Accumulated sediment or debris impairs the hydraulic function of the facility.
B. 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 IV. Industrial and Commercial Requirements
13.20.220 - Non-stormwater discharges.
All non-stormwater discharges associated with industrial and commercial activities
that discharge into the city's stormwater drainage system are prohibited except as
l permitted by an individual user's NPDES Stormwater Permit or Section 13.20.110 of this
chapter.
13.20.230 -General permit for stormwater discharges from industrial activities.
A. All businesses who own or operate facilities described in 40 CFR
122.26(b)(14)(i)-(xi) are required to obtain coverage under the state's General
Permit for Discharges of Stormwater 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 Stormwater 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 Director of Building & Safety/Public Works Department.
B. The city requires that all businesses that have filed an NOI for coverage 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 of the WDID letter from the state to the Director of Building
& Safety/Public Works Department as proof of filing.
nsible, 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 will be
responsible for all cleanup costs and damages to the city's storm drainage system from
a contractor's activities.
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:
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
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o not adequately protect the health, safety, and general welfare of
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2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
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13.20.240 - Conditional category - Notice of non-applicability.
A. Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi)
may prepare a "NOTICE OF NON-APPLICABILITY" in lieu of an NOI if they can
certify on this form provided by the SWRCBoard that there is no manufacturing
process, material, equipment or product storage outside in an area that is
exposed to stormwater runoff. The "Notice of Non-Applicability" must document
all of the following:
1. All prohibited non-stormwater discharges have been eliminated or otherwise
permitted.
2. All significant materials related to industrial activity (including waste materials)
are not exposed to stormwater or authorized non-stormwater discharges.
3. All industrial activities and industrial equipment are not exposed to
stormwater or authorized non-stormwater discharges.
4. There is no exposure of stormwater to significant materials associated with
industrial activity through other direct or indirect pathways such as from
industrial activities that generate dust and particulates.
B. 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
�fl times. They are also required to re- evaluate and re-certify once a year that the
conditions'above are continuously met.
13.20.250 - Best Management Practices (BMPs).
A. All businesses, regardless of permit status, shall implement all applicable BMPs,
as listed in the most current California Stormwater Best Management Practice
' Handbooks or the most current San Bernardino County Stormwater Program's
Report of Waste Discharge, to reduce pollutants in stormwater runoff and reduce
non-stormwater discharges to the city's stormwater drainage system to the
maximum extent practicable. All structural controls shall also be maintained to
effectively prevent pollutants from contacting stormwater or remove pollutants
from stormwater 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.
B. If structural or treatment controls are not functioning as designed or are not
effective in reducing stormwater pollutants or non-stormwater discharges to the
maximum extent practicable, the city will require that the control device be
repaired, rebuilt or replaced.
I
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:
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
ARTICLE V. Construction Requirements
13.20.260 -Stormwater Quality Management Plan (SWQMP).
Prior to the issuance of any grading or building permit, all qualifying land
development/redevelopment projects shall submit and have approved a Stormwater
Quality Management Plan (SWQMP) to the Director of Building & Safety/Public Works
on a form provided by the city. The SWQMP shall identify all BMPs that will be
incorporated into the project to control stormwater and non-stormwater 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 NPDES General
Construction Permit as well as construction projects less than one (1) acre. Qualifying
development/redevelopment projects include:
A. Home subdivisions of ten (10) units or more. This includes single family
residences, multi-family residences, condominiums, apartments.
B. Commercial developments of one hundred thousand (100,000) square feet or
more. This includes non-residential developments such as hospitals, educational
institutions, recreational facilities, mini- malls, hotels, office buildings,
warehouses, and light industrial facilities.
C. Vehicle maintenance shops (SIC codes 5013, 5014, :5541, 7532-7534, 7536-
�� 7539).
D. Food service businesses developing five thousand (5,000) square feet or more of
land area.
E. All hillside developments on ten thousand (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 (25%) or more.
F. Developments of two thousand five hundred (2,500) square feet of impervious
surface or more adjacent to (within two hundred (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 in
Section 303(d) of the Clean Water Act.
G. Parking lots of five thousand (5,000) square feet or more exposed to stormwater.
"Parking lot" is defined as land area or facility for the temporary storage of motor
vehicles.
H. All re-development projects adding five thousand (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.
ent practicable, the city will require that the control device be
repaired, rebuilt or replaced.
I
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:
13.20.180 -Authority to inspect
A. The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
I. Retail Gasoline Outlets (RGOs) that are either five thousand (5,000) square feet
or more, or have projected average daily traffic of 100 or more vehicles per day.
J. Emergency public safety projects in any of the above-listed categories shall be
excluded if the delay caused due to the requirement for a WQMP compromises
public safety, public health and/or environmental protection.
13.20.270 - General permit for stormwater discharges from construction activity.
A. Any developer/owner engaging in construction activities which disturb one (1)
acre or more of land shall apply for coverage under the General Stormwater
Permit for Construction Activity with the State Water Resources Control Board
(SWRCB). Any developer/owner engaging in construction activities which disturb
less than one'(1) acre but are part of a larger common plan of development or
sale that is greater than one (1) acre must also apply for coverage under the
General Stormwater Permit for Construction Activity with the 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 SWRCB. The NOI
form and checklist of items to submit to the state is available from the SWRCB. In
addition, the owner shall also prepare a Stormwater Pollution Prevention Plan
(SWPPP) in accordance with state requirements.
B. 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 Building & Safety/Public Works Department.
13.20.280 - Non-stormwater discharges.
A. Discharges of non-stormwater from construction activities are generally
prohibited except for those discharges listed in Section 13.20.110 of this chapter
or any discharges authorized by the Director of Building & Safety/Public Works
or the Regional Water Quality Control Board (RWQCB). The city and the
' RWQCB will allow the discharge of certain non-stormwater discharges from
construction sites, provided they are in compliance with the discharge limitations
specified in the current General Waste Discharge Requirements for De Minimus
Discharges issued by the RWQCB, Santa Ana Region.
B. The following discharges are authorized provided they are in compliance with the
permit:
1. Construction dewatering wastes.
2. Wastes associated with well installation, development, test pumping and
purging.
of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
3. Aquifer testing wastes.
4. Dewatering wastes from subterranean seepage, except for discharges from
utility company vaults.
5. Discharges resulting from hydrostatic testing, such as of vessels, pipelines,
tanks.
6. Discharges resulting from the maintenance of potable water supply pipelines,
tanks, and reservoirs.
7. Discharges resulting from the disinfection of potable water supply pipelines,
tanks, and reservoirs.
8. Discharges from potable water supply systems resulting from system failures
and pressure releases.
9. Discharges from fire hydrant testing or flushing.
13.20.290 - Non-stormwater discharge reporting requirements.
Authorized non-stormwater discharges under Section 13.20.280 shall be reported to
} the Director of Building & Safety/Public Works at least five (5) days prior to a planned
discharge. Unplanned discharges of non-stormwater into the city's storm drainage
system shall be reported as soon as possible and before any discharge is initiated.
Monitoring may also be required for these discharges. A report shall be submitted prior
to discharge which includes the following information:
A. Type of proposed discharge.
B. Estimated average and maximum daily flow rate.
C. Frequency and duration of discharge.
D. A description of the proposed treatment system (if appropriate).
E. 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 Director of Building &
Safety/Public Works Department, Environmental section on a weekly basis.
(WDID) to the Building & Safety/Public Works Department.
13.20.280 - Non-stormwater discharges.
A. Discharges of non-stormwater from construction activities are generally
prohibited except for those discharges listed in Section 13.20.110 of this chapter
or any discharges authorized by the Director of Building & Safety/Public Works
or the Regional Water Quality Control Board (RWQCB). The city and the
' RWQCB will allow the discharge of certain non-stormwater discharges from
construction sites, provided they are in compliance with the discharge limitations
specified in the current General Waste Discharge Requirements for De Minimus
Discharges issued by the RWQCB, Santa Ana Region.
B. The following discharges are authorized provided they are in compliance with the
permit:
1. Construction dewatering wastes.
2. Wastes associated with well installation, development, test pumping and
purging.
of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
. Unless otherwise
approved by the Director of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
13.20.300 - Best management Practices (BMPs).
All construction projects which could potentially have an adverse impact on the city's
stormwater 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 Stormwater Best Management Practice Handbook", to reduce pollutants to
the maximum extent practicable or to the extent required by law.
13.20.310 -WQMP transfer, access, and maintenance agreement.
The City Manager or his or her designee is authorized to sign all water quality
management plan access, transfer and maintenance agreement documents entered into
by the city with project proponents for the on-going and long-term maintenance of all
approved stormwater treatment devices, structures and administrative policies designed
to minimize the detrimental effects of new development projects.on receiving waters,
including effects caused by increased pollutant loads and changes in hydrology.
ARTICLE VI. Enforcement Remedies
13.20.320 - Notice of correction.
Whenever the Director of Building & Safety/Public Works finds that any discharger
has the potential to violate or has already violated any prohibition, limitation or
1 requirement contained in this chapter, any NPDES stormwater 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 Notice of Correction shall stipulate a time period by which the problem
must be corrected and the penalties for non-compliance.
13.20.330 - Notice of violation.
When the Director of Building & Safety/Public Works 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 stormwater
permit, 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 Director of Building &
Safety/Public Works, within a time period specified in the notice, which shall not be less
than ten (10) working days unless an emergency situation dictated a shorter period, 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 Sections 36900(b) and 53069.4 of
the California.Government Code, the following violation assessments will apply to the
issuance of a Notice of Violation by the Director of Building & Safety/Public Works:
A. A first Notice of Violation shall be issued for a first violation of this chapter and
shall be punishable by a fine not exceeding one hundred dollars ($100.00).
irector of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. A second Notice of Violation shall be issued for a second violation of this same
ordinance within one year and shall be punishable by a fine not exceeding two
hundred dollars ($200.00).
C. A third Notice of Violation shall be issued for a third violation of this same.
ordinance within one (1) year and shall be punishable by a fine not exceeding
five hundred dollars ($500.00). Each additional violation of the same ordinance
within one (1) year shall also be punishable by a fine of five hundred dollars
($500.00).
13.20.340 -Administrative orders.
The Director of Building & Safety/Public Works may require compliance with any
prohibition, limitation or requirement contained in this chapter, any NPDES stormwater
permit, by issuing an 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 Orders, Termination of Service Orders and Immediate
Termination of Service Orders.
A. Compliance orders. The Director of Building & Safety/Public Works may issue a
Compliance Order to any discharger who fails to correct a violation of this
chapter, any NPDES stormwater permit. The order shall be in writing, specify the
violation(s) and require appropriate compliance measures within a specified time
period. The Compliance Order may include the following terms and
requirements:
1. 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.
2. Specific requirements for containment, cleanup, removal, storage, installation
of overhead covering or proper disposal of any pollutant having the potential
to contact stormwater runoff.
3. Installation of stormwater treatment devices, containment structures, wash
racks and addition and removal of stormwater drains.
4. Any other terms or requirements reasonably calculated to prevent imminent
threat of or continuing violations of this chapter, including, but not limited to
requirements for compliance with best management practices guidance
documents promulgated by any federal, state or regional agency.
The Director of Building & Safety/Public Works may adopt a proposed
compliance schedule submitted by the user or may adopt a revised compliance
schedule if in his or her judgment, the proposed compliance schedule would
allow the user to cause harm to the receiving waters and/or the city's storm
drainage system.
g any portion of which any violation of any provision of this chapter is committed,
continued, or permitted by the discharger. Pursuant to Sections 36900(b) and 53069.4 of
the California.Government Code, the following violation assessments will apply to the
issuance of a Notice of Violation by the Director of Building & Safety/Public Works:
A. A first Notice of Violation shall be issued for a first violation of this chapter and
shall be punishable by a fine not exceeding one hundred dollars ($100.00).
irector of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
A Compliance Order shall require the discharger to pay a one thousand dollar
($1,000) penalty fee to the city for the issuance thereof.
B. Stop work order. The Director of Building & Safety/Public Works 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:
1. No construction permit has been granted by the city;
2. Work has begun prior to the submittal of a written Stormwater Quality
Management Plan (SWQMP) and subsequent approval by the Director of
Building & Safety/Public Works; or,
3. Violations of this article are found at the site of the new construction,
tenant improvements, alterations or additions.
Any person served a Stop Work Order shall stop such work forthwith until
written authorization to continue is received from the Director of Building &
Safety/Public Works or Building Official. A Stop Work Order shall require the
discharger to pay a one thousand dollar ($1,000) penalty fee to the city for the
issuance thereof.
C. Cease and desist order. When the Director of Building & Safety/Public Works
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 stormwater permit or the Basin Plan, or NPDES Stormwater Permit,
the city may issue a Cease and Desist Order directing the discharger to:
1. Immediately discontinue any illicit connection or prohibited discharge to the
city's stormwater drainage system;
2. Immediately contain or divert any flow of water off the property, where the
flow is occurring in violation of any provision of this chapter;
3. Immediately discontinue any other violation of this chapter.
A Cease and Desist Order shall require the discharger to pay a one thousand
dollar ($1,000) penalty fee to the city for the issuance thereof.
D. Termination of service. When the Director of Building & Safety/Public Works finds
any industrial and/or commercial discharger, who has a direct connection into the
city's stormwater drainage system or has violated an Administrative Order, the
Director of Building & Safety/ Public Works 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 Director of Building & Safety/Public Works after the discharger has complied
is chapter is committed,
continued, or permitted by the discharger. Pursuant to Sections 36900(b) and 53069.4 of
the California.Government Code, the following violation assessments will apply to the
issuance of a Notice of Violation by the Director of Building & Safety/Public Works:
A. A first Notice of Violation shall be issued for a first violation of this chapter and
shall be punishable by a fine not exceeding one hundred dollars ($100.00).
irector of Building & Safety/Public Works, 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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
with all the provisions of the Administrative Order. The discharger shall also be
liable for all costs for re- instituting storm drain service.
E. Immediate termination of service. The Director of Building & Safety/Public Works
may immediately suspend storm drain service and any non-stormwater discharge
permit when such suspension is necessary, in the opinion of the Director of
Building & Safety/Public Works, 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 storm drain service has been suspended shall immediately cease and
eliminate the discharge into the city's stormwater drainage system.
In the event of failure to comply voluntarily with a Termination of Service Order, the
Director of Building & Safety/Public Works 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 be re-instituted by the Director of Building &
Safety/Public Works 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 Director of Building & Safety/Public Works within
ten (10) working days of the date of storm drain service termination.
13.20.350 -Administrative hearing.
A. Any discharger may request, or the Director of Building & Safety/Public Works
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 stormwater 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 Manager, or the City Manager's designee, shall
preside over the administrative hearing, at which time each party, including the
discharger and the Director of Building & Safety/Public Works, shall have the right
to present evidence.
B. 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.
_ I
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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
13.20.360 - Compensation for damages.
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 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 stormwater 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
Manager 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.
13.20.370 -Appeals.
Any decision of the Director of Building & Safety/Public Works 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 Director of Building & Safety/Public Works, 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 (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 of
the hearing. The City Manager, or the City Manager'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 Director of Building & Safety/Public Works
l� should not be upheld. Within forty-five (45) working days of the hearing, the City
Manager, or the City Manager's designee, shall make a written decision regarding the
appeal. The decision of the City Manager, or the City Manager's designee, shall be final.
The imposition of fines or penalties shall be stayed during the appeal period unless the
Director of Building & Safety/Public Works determines that such a stay would threaten
the public safety, health or welfare.
13.20.380 -Violations deemed a public nuisance.
A. 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 Director of Building &
Safety/Public Works, and/or civil action to abate, enjoin or otherwise compel the
cessation of such nuisance may be taken by the city.
B. 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.
13.20.390 - Legal action.
A. The city may commence an action for appropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
•
this chapter; federal, state, or regional discharge standards; permit conditions; or
the requirements of any Administrative Order.
B. In addition to the penalties provided in this chapter, the city may recover all
reasonable attorneys' fees, court costs, court reporter's fees, expenses of
litigation by appropriate suit of law against the person(s) found to have violated
any provision of this chapter or the orders, rules, regulations and permits issued
or enforced thereunder, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost of any actual
damages incurred by the city.
13.20.400 -Civil penalties.
A. 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) 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.
B. 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.
C. 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.
13.20.410 - Criminal prosecution.
A. 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) 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 provisions of this chapter is committed, continued or permitted by such
discharger, and shall be punishable therefore as provided by this section.
B. 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, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
13.20.420 - Falsifying information.
Any person who knowingly makes any false statement, representation, record, report,
plan or other document filed with the city, or who falsifies, tampers with or knowingly
renders inaccurate monitoring devices or methods required under this chapter, shall
have violated this chapter and shall be guilty of a misdemeanor.
SECTION 3. The City Council declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases or portions of it be
declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared
invalid or unconstitutional, then all other provisions shall remain valid and enforceable.
SECTION 4. This ordinance shall take effect thirty days from the date of adoption.
SECTION 5. First read at a regular meeting of the City Council held on the 27th day
of March, 2012 and finally adopted and ordered posted at a regular meeting of said City Council
on the 10th day of April, 2012.
ATTEST:
City Clerk o he City of Gran errace Mayor of the y of Grand Terrace
and of the City Council thereo and of the City Council thereof
I, Tracey Martinez, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council on the 27th of
March 2012, and adopted at a regular meeting of the City Council of the City of Grand Terrace
held on the 10th day of April 2012, by the following vote:
AYES: Councilmembers McNabo&and Sandoval; Mayor Pro Thai Qr.ciaL and Mayor
Stanckiewitz
NOES: None
ABSENT: Councilmember Hays
ABSTAIN: None
Tracey Marttez, City Clerk
been assessed.
13.20.410 - Criminal prosecution.
A. 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) 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 provisions of this chapter is committed, continued or permitted by such
discharger, and shall be punishable therefore as provided by this section.
B. 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, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
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
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Approved as to form:
Richard L. Adams, City Attorney
ichard L. Adams II
City Clerk . . City Attorney
I HEREBY CERTIFY the foregoing ordinance was duly introduced and
adopted by.the City Council as an urgency ordinance of the City of Grand Terrace at
a regular meeting held on the 7th day of June, 2012 to be adopted effective on the 7th
day of June, 2012 by the following vote:
AYES: CouncilmLinbers Darcy McNaboe and Bernardo Sandoval; Mayor Pro Tem
Lee_4Ann Garcia and Mayor Walt Stanckiewitz.
NOES: Non&,
ABSENT: Councilmember Gein&Hays
ABSTAINED:: None
OI'LCA.0 .f>_A, J.( =
Tracey Minez _
City Clerk
ityCler
Approved as to form:
Richard L. Adams, City Attorney
Chapter 3.24 — Page 11