Chino Hills Municipal Code Art. II General Conditions and Prohibitions

Except as otherwise provided in this chapter, the authorized representative for the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized representative may be delegated by him or her to persons acting in the beneficial interest of or in the employ of the city.

(Ord. 37 § 2 (part), 1993)

Unless otherwise provided in this chapter, any notice required to be given by the authorized representative under this chapter shall be in writing and served in person or by first class or registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Ord. 37 § 2 (part), 1993)

A. The discharge or diversion of stormwater or nonstormwater is permissible when connection to the storm drain system is made in accordance with a valid permit, approved construction plan, or, as applicable, an NPDES permit and/or an NOI, and the discharge conforms to the standard of Section 13.16.100.

B. It is prohibited to establish, use, maintain, and/or continue any illicit drainage connections to the city storm drain system. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

C. Permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenance items within:

1. Public street rights-of-way, dedicated easements to the city, and city maintained private streets and facilities;

2. Private property so as it may directly or indirectly discharge into the storm drain system. Indirect discharges include, but are not necessarily limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.

(Ord. 37 § 2 (part), 1993)

A. Without prior written approval of the authorized representative, no person shall construct or modify or cause to be constructed or modified any structure, facility, or appurtenance items which may alter the normal functioning of the stormwater system, including actions which may alter the capacity, fall, or structural integrity of a storm drain, channel, or related structures.

B. Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for such maintenance, nor remove such vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

C. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the authorized representative:

1. Discharge into or connect any pipe or channel to a watercourse;

2. Modify the natural flow of water in a watercourse;

3. Carry out development within thirty (30) feet of the center line of any creek or twenty (20) feet of the top of a bank;

4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(Ord. 37 § 2 (part), 1993)

A. Any discharge that would result in or contribute to a violation of NPDES Permit No. CA8000200, attached to the ordinance codified in this chapter, as Attachment A, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

B. Any person engaged in activities which will or may result in pollutants entering the city stormwater system shall undertake all practicable measures to eliminate such pollutants.

C. It is prohibited to:

1. Discharge nonstormwater directly or indirectly to the city stormwater system unless such discharge is permitted by an NPDES permit. If such discharge is permitted by an NPDES permit, but causes the city to violate any portion of its NPDES permit for stormwater discharges, such discharge is also prohibited;

2. Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that such items might be or become a pollutant;

3. Throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city;

4. Leave gasoline, grease, and other pollutants in parking lots, gas station, industrial facilities, commercial facilities, and similar structures fronting city streets.

(Ord. 37 § 2 (part), 1993)

The following discharges are exempt from the prohibited discharges listed in Section 13.16.090 above:

A. Waterline flushing and other discharges from potable water sources, provided that the chlorine residual in any heavily chlorinated water used to disinfect water storage and pumping facilities, and water mains is thoroughly neutralized prior to contacting receiving waters;

B. Irrigation water from private lawn, parks, and public landscapes;

C. Diverted stream flows, rising groundwater, infiltration of separate storm drains, springs, flows from riparian habitats and wetlands;

D. Uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, and air conditioning condensation;

E. Individual residential car washing, dechlorinated swimming pool discharges; and

F. Water from firefighting.

(Ord. 37 § 2 (part), 1993)

A. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the state Water Resources Control Board, or the California Regional Water Quality Control Board, shall provide notice of intent (NOI), comply with, and undertake all other activities required by NPDES permit applicable to such discharges.

B. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit.

(Ord. 37 § 2 (part), 1993)

A. Best management practices (BMP) shall include but is not limited to schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMP shall also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.

B. Where best management practices (BMP) guidelines or requirements have been adopted by any federal, state of California, and/or regional agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guideline or requirement.

(Ord. 37 § 2 (part), 1993)

A user shall have an affirmative defense in any action brought against it alleging a violation of Section 13.16.090 where the user 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 NPDES permit.

(Ord. 37 § 2 (part), 1993)

A. Spill containment system, as may be required, shall conform to requirements established by the authorized agencies, the Chino Valley Independent Fire District and the city Building and Safety Department. No person shall operate a spill containment system that allows incompatible liquid to mix thereby creating hazardous or toxic substances in the event of failure of one or more containers.

B. Spill containment systems shall consist of a system of dikes, walls, barriers, berm, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained.

C. Spilled or leaked waste and accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved by the authorized agency, all chemicals or wastes discharged within the collection area shall be disposed of appropriately and not discharged to the public sewer, the stormwater system, or the ground.

(Ord. 37 § 2 (part), 1993)

A. Protection of the stormwater system from accidental discharge of prohibited material is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city and the authorized agency for review and shall be approved by them prior to any construction. All existing users shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

B. 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.

C. In the event of an accidental discharge, it is the responsibility of the user or owner to confirm or unconfirm the city of released materials which may enter the city stormwater system. He or she shall take all necessary steps to ensure the discovery, containment and clean up of such release. He or she shall notify the city, Police and Fire Department of the occurrence immediately:

(Ord. 37 § 2 (part), 1993)

A. Within five working days following an accidental discharge to the stormwater system, the person or persons in charge of the material accidentally discharged shall submit a written report to the City Engineer and the Fire Chief. The report shall describe in detail the type, volume and cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrences.

B. Such notification shall not relieve the user of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws.

(Ord. 37 § 2 (part), 1993)

A. The authorized representative, or his or her designated representative, shall be authorized at any reasonable time to enter the premises to determine compliance with the provisions of this chapter and to:

1. Conduct inspection, sampling, monitoring, metering, and/or other authorized duties to enforce the provisions of this chapter;

2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information; and

3. Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape all findings, results, and phenomena.

B. Adequate identification shall be provided by the authorized representative, or his or her designated representative, when entering the premises. If such entry is refused or cannot be obtained, the authorized representative shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.

C. Where an owner of the premises has instituted security measures requiring proper identification and clearance before entry onto the premises, the owner shall make all necessary arrangements with its security guards in order that, upon presentation of such identification, duly designated city personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the owner of the premises to obtain all necessary clearances on behalf of the city so that city inspections are not impaired.

(Ord. 37 § 2 (part), 1993)

The authorized representative, or his or her designated representative, may request that any person (discharger) engaged in any activity and/or owning or operating any facility which may cause or contribute to pollution, contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, undertake monitoring and/or testing activities, and furnish reports as the official may specify. The burden, including but not limited to costs, labor, equipment, and tools shall be borne by the discharger.

(Ord. 37 § 2 (part), 1993)