Chino Municipal Code Ch. 13.25 Stormwater Drainage System Regulations

Footnotes:

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Editor's note— Ord. 2011-07, adopted July 5, 2011, amended Ch. 13.25 in its entirety to read as herein set out. Former Ch. 31.25, §§ 13.25.100—13.25.565, pertained to simialr subject matter, and derived from: Ord. 94-1, § 1(part), 1994.

This chapter is enacted pursuant to authority conferred by law including, but not limited to, the Federal Clean Water Act (33 D.S.C. 1251, et seq.); the Code of Federal Regulations (CFR) Part 122; Porter-Cologne Water Quality Control Act; and the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS618036, issued by the Regional Water Quality Control Board, Santa Ana Region and as may be renewed and amended from time to time.

(Ord. 2011-07, 2011.)

The purpose of this chapter is to protect the health, safety and general welfare of the residents of the City of Chino and to reduce the quantity of pollutants being discharged into the city's municipal separate storm sewer system (MS4) by:

1. Eliminating nonstormwater discharges to the MS4.

2. Eliminating pollutants in stormwater and urban runoff to the maximum extent practicable.

3. Eliminating the contribution of pollutants to the MS4 by stormwater discharges associated with industrial activity.

4. Prohibiting illegal discharges and illegal connections to the MS4 and requiring removal of illicit connections.

5. Controlling spills, dumping or disposal of materials to the MS4.

6. Protecting and enhancing the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act.

(Ord. 2011-07, 2011.)

"Authorized enforcement official" shall mean the director of public works and his or her designee or the director of community development and his or her designee.

"Authorized enforcement staff" means any city employee supervised directly or indirectly by an authorized enforcement official, assigned to the duties involving permits and other city approvals, inspections, and enforcement related to this ordinance.

"Basin plan" means the "water quality control plan" developed by the Regional Water Quality Control Board for the Santa Ana River Watershed.

"Best management practices" (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures, management practices, pollution treatment technology, devices, or other measures designed to prevent, reduce, or remove the discharge of pollutants directly or indirectly into the water of the United States. BMPs may include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity, published by the California Stormwater Quality Association (CASQA).

"City" shall mean the City of Chino, San Bernardino County, California.

"Commercial enterprise" shall mean any entity or person who is engaged in the buying and selling of goods, products and/or services.

"Construction activity" shall mean clearing, grading or excavation that result in soil disturbance. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility; nor does it include emergency construction activities required to immediately protect public health and safety.

"Contamination" means the same as defined in the Porter-Cologne Water Quality Control Act; "contamination" is an impairment of the quality of waters of the State by waste to a degree that 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 or the United States are affected.

"Compliance schedule" means the time period allowed by the authorized enforcement official for a discharger to achieve compliance with the city's storm drain system 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.

"Director of community development" shall mean the director of community development or his or her designee.

"Director of public works" shall mean the director of public works or his or her designee.

"Discharge" shall mean any release, spill, leak, pump flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

"Discharger" means any person, property owner or occupant of a unit, building, premise or lot in the city who discharges or causes to be discharged any liquid, including sewage, wastewater, stormwater, nonstormwater, or solid or semi-solid substances directly or indirectly, into the city's MS4.

"EPA" means the Environmental Protection Agency of the United States of America.

"General permit for stormwater discharges associated with construction activity" means a state-wide general NPDES permit that regulates all stormwater discharges associated with construction projects that: a) disturb one acre or more of land; or b) which result in the disturbance of less than one acre, but which are part of a larger common plan of development or sale.

"General permit for stormwater discharges from industrial activities" means a state-wide general NPDES permit that regulates stormwater discharges associated with industrial activities that are listed in 40 Code of Federal Regulations (CFR) 122.26(b)(14).

"Hearing officer" means the city manager or his or her designee, who presides at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein.

"Illegal discharge(s)" shall mean any discharge into the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes or regulations. The term includes all nonstormwater discharges except discharges made pursuant to a NPDES permit, discharges that are listed within this chapter as exempt and discharges authorized by the California Regional Water Quality Control Board, Santa Ana Region.

"Illegal connection" shall mean any physical connection to the city's MS4 that is not permitted pursuant to a valid NPDES permit and/or written approval by the city.

"Local permit" shall mean any permit issued by the city.

"Low impact development (LID)" shall mean a stormwater management and land development strategy that combines a hydrologically functional site design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID techniques mimic the site predevelopment site hydrology by using site design techniques that store, infiltrate, evaportranspire, bio-filter or detain runoff close to its source.

"Maintenance (of a BMP)" means periodic action taken to maintain the as-designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life.

"Maximum extent practicable (MEP)" is an acceptability standard for best management practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is practicable. A BMP is effective if it prevents, reduces, or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations, as well as stormwater regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs.

"Municipal stormwater conveyance system" (See: Municipal separate storm sewer system).

"Municipal separate storm sewer system (MS4)" means Chino's Municipal Separate Storm Sewer System. Chino's Municipal Separate Storm Sewer System is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, manmade channels, or storm drains.

National Pollutant Discharge Elimination System (NPDES)" shall mean the federal program for issuing, monitoring and enforcing permits under the Clean Water Act.

"National Pollutant Discharge Elimination System Permit" shall mean any NPDES permit issued by the Environmental Protection Agency of the United States, the state water resources control board or the regional water quality control board.

"New development" includes, but is not limited to, land disturbing activities, structural development, including construction or installation of a building or structure, creation of impervious surfaces, and land subdivision.

"Nonstormwater discharge(s)" consists of all discharges to and from the city's MS4 that do not originate from precipitation events (i.e., all discharges from a conveyance system other than stormwater). Nonstormwater includes illegal discharges, nonprohibited discharges, and NPDES permitted discharges.

"Notice of intent (NOI)" is an application for coverage under the general permit for stormwater discharges associated with construction activity and industrial activities.

"Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant" shall include, but not be limited to the following liquid, solid or semi-solid substances, or combination thereof:

A. Artificial materials, chips or pieces of natural or manmade materials (such as floatable plastics, wood or metal shavings).

B. Household waste such as trash, paper, plastics, lawn clippings and yard wastes, animal fecal materials, improperly applied pesticides, herbicides and fertilizers, used oil and fluids from vehicles, lawn mowers, and other common household equipment.

C. Metals, including, but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetal elements, such as phosphorus and arsenic.

D. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease).

E. Excessive eroded soils, sediment and particulate materials.

F. Animal wastes including, but not limited to, discharge from confinement facilities, kennels, pens, and recreational facilities; including stables, show facilities, polo fields, farms and dairies.

G. Substances having characteristics such as a pH less than 6.5 or greater than 8.5, or unusual coloration, or turbidity, or excessive levels of fecal coliform or E-Coli.

H. Construction waste materials and wastewater generated on construction sites and by construction activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragment; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, acrylic lacquer, acrylic, urethane, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing).

I. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.

J. Materials that contain extractible organic compounds.

K. Those pollutants defined in Section 502(6) of the Federal Clean Water Act;

L. Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.

"Post-construction BMPs" means a subset of BMPs including structural and nonstructural controls which detain, retain or filter water to prevent the release of pollutants to surface waters. Post-construction BMPs may also include education and outreach, maintenance activities, and prohibition of certain practices.

"Premises" shall mean any lot, parcel of land, building or establishment, either residential, commercial, or industrial, both public and private, including schools, churches, and institutions without limitation.

"Priority development projects" means new development and redevelopment project categories listed in Section XI.D.4., a to j of the regional water quality control board (Order No. R8-2010-0036), which establishes waste discharge requirements for urban stormwater to waters of the United States.

"Receiving water" means the water body to which the city's MS4 conveys stormwater, and which is also "water of the United States" as defined by 40 CFR, Part 122.2. Receiving water includes, but is not limited to, streams, creeks, rivers, lakes, ponds and the Pacific Ocean.

"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 structure or impervious surfaces for which a discretionary land use permit or approval is required.

"Regional water quality control board (RWQCB)" refers to the California Regional Water Quality Control Board, Santa Ana Region.

"Resident" shall mean any person who resides within the City of Chino.

"Sewage" means the wastewater of the community derived from residential, agricultural, institutional, commercial, or industrial sources.

"Standard industrial classification (SIC)" shall mean the standard industrial classification as described in the Classification Manual, 1997, office of management and budget.

"Storm drain system" shall mean any facility within the City of Chino by which stormwater may be conveyed to waters of the United States. Stormwater drain system includes, but is not limited to, any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

"Stormwater" shall mean all discharges to and from the city's MS4 that originate from precipitation events.

"Stormwater pollution prevention plan (SWPPP)" shall mean 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 from time to time, or the general industrial activities stormwater permit as issued on January 29, 2010, 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.

"Waste discharge identification (WDID)" means the identification number provided by the state when a notice of intent is filed.

"Water quality management plan (WQMP)" shall mean a plan developed to mitigate the impacts of urban runoff from priority development projects.

(Ord. 2011-07, 2011.)

The responsibility for the administration, oversight and implementation of this chapter is delegated to the authorized enforcement officials.

(Ord. 2011-07, 2011.)

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

(Ord. 2011-07, 2011.)

This chapter shall apply to all dischargers, including all residents, as well as commercial, industrial and construction enterprises, to the city's MS4, and to dischargers outside the city who, by agreement with the city, utilize the city's MS4.

(Ord. 2011-07, 2011.)

(a) The discharge or diversion of stormwater or nonstormwater to the city's MS4 is permissible when the connection is made in accordance with a valid local permit, any applicable state permit, a NPDES stormwater permit and/or a NOI approved by the RWQCB with a WDID number issued and the discharge is not prohibited under Section 13.25.230 of this chapter.

(b) It is prohibited to establish, use, maintain and/or continue any illegal connections to the city's MS4 without written permission of the director of public works. This prohibition is retroactive and applies to connections made in the past, regardless of whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.

(c) Approved construction permits including, but not limited to, grading and building permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:

1. Dedicated easements, rights-of-way, or public place and/or facility.

2. Private property so as it may directly or indirectly discharge into the city's MS4. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.

(Ord. 2011-07, 2011.)

Without the prior written approval of the director of 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 MS4, including any action which may alter the capacity, fall, or structural integrity of a storm drain, channel or related structures.

(Ord. 2011-07, 2011.)

It is prohibited to:

(a) Discharge nonstormwater directly or indirectly into the city's MS4, or any street, lined or unlined drainage channel that leads to the city's storm drain or directly or indirectly into any waters of the state unless such discharge is either authorized by a separate NPDES permit or as otherwise specified in Section 13.25.230 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 its stormwater discharges, such discharge is also prohibited.

(b) 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, 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.

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

(d) Discharge stormwater into the city's MS4, containing pollutants that have not been reduced to the maximum extent practicable.

(e) Discharge any of the following types of waste into the city's MS4:

1. Sewage.

2. Wash water resulting from mopping, rinsing, pressure washing or steam cleaning of any business including gas stations, and vehicle service businesses.

3. Discharge resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing.

4. Wash water from mobile automobile detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning.

5. Wash water from cleaning municipal, industrial, commercial, areas (including parking lots), streets, sidewalks driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents.

6. Stormwater runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment.

7. Discharges from swimming pools, wading pools, spas, therapeutic pools or fountain water containing chlorine, biocides, acids or other chemicals; swimming pool filter backwash containing debris and chlorine.

8. Pet waste or yard waste such as grass clippings.

9. Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food wastes.

10. Chemicals or chemical waste.

11. Medical wastes.

12. Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems.

13. Materials or chemical substances that cause damage to the city's MS4.

14. Street washing from construction projects.

15. Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city's MS4 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, RWQCB, EPA, San Bernardino County Fire Department Hazardous Materials Division, San Bernardino County Flood Control District or any other public agency with jurisdiction.

(Ord. 2011-07, 2011.)

The following discharges of nonstormwater into the city's MS4 are generally exempt from the prohibited discharges listed in Section 13.25.225 of this chapter:

1. Discharges covered by NPDES permits or written clearances issued by the regional or state water quality control board.

2. Irrigation water may be discharged to the MS4 if the requirements of Chapter 13.05 of the Chino Municipal Code (Water Conservation Ordinance) are met.

3. Discharges composed entirely of stormwater.

4. Water from crawl space pumps if the water is uncontaminated.

5. Passive footing and foundation drains if the water is uncontaminated.

6. Air conditioning condensation.

7. Swimming pool discharges dechlorinated to 0.1 ppm or less. Cleaning wastewater and filter backwash shall not be discharged into the MS4.

8. Noncommercial car washing, e.g., residential car washing (excluding engine degreasing) and car washing for fundraisers by nonprofit organizations.

9. Rising groundwater, natural springs and diverted stream flow.

10. Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater.

11. Water flows from riparian habitats and wetlands.

12. 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 nonemergency fire fighting flow.

13. Waters not otherwise containing wastes as defined in California Water Code, Section 13050(d).

14. Other types of discharges identified and recommended by the city and approved by the RWQCB.

(Ord. 2011-07, 2011.)

Each industrial and/or construction activity discharger, or other discharger described in any NPDES permit addressing such discharges, as may be adopted by the EPA, the state water resources control board, or the RWQCB, shall complete and have approved a notice of intent and shall comply with and undertake all other activities required by any NPDES stormwater permit applicable to such discharges.

(Ord. 2011-07, 2011.)

Any person undertaking any activity or operation in the City of Chino that could potentially cause or contribute to stormwater pollution or a discharge of nonstormwater shall comply with all applicable BMPs as listed in the California Stormwater Best Management Practice Handbooks (CASQA) or the current San Bernardino County Stormwater Program's "Report of Waste Discharge", to reduce pollutants in stormwater runoff and reduce nonstormwater discharges to the city's MS4 to the maximum extent practicable or to the extent required by law.

(Ord. 2011-07, 2011.)

Spill containment systems, as may be required, shall conform to requirements established by the director of public works. These requirements may include, but are not limited to the following:

1. No person shall operate a spill containment system that allows incompatible substances to mix and thereby create a hazardous condition or a toxic substance in the event of a failure of one or more containers.

2. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers.

3. Spill containment systems shall be constructed of materials that are impermeable and nonreactive to the substance being contained.

4. Spill containment systems shall conform to applicable regulations and policies as to percent containment, container type, size, outdoor covering, and the period of time spilled material may remain in the spill containment system.

5. Spill containment systems shall not be used for the storage of waste materials other than from a spill.

(Ord. 2011-07, 2011.)

(a) Protection of the city's MS4 from the accidental discharge of prohibited material is the responsibility of the person or persons in charge of such material. Building plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved 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 the discharger's facility as necessary to meet the requirements of this chapter, which are subject to change in accordance with revisions (future) to state and federal regulations.

(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. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the proper authorities.

(c) All discharges released into the city's MS4, including a street or gutter, shall be immediately reported to the director of public works and the Chino Valley Independent Fire District. All discharges that pose a threat to human health or the environment shall be reported to the executive officer of the RWQCB within twenty-four hours by telephone or e-mail and followed with a written report of the spill event within five calendar days. At a minimum, all sewage spills over one thousand gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within two hours.

(Ord. 2011-07, 2011.)

(a) Within seven calendar days following an accidental discharge into the city's MS4, 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 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.

(b) Such notification of the accidental discharge shall not relieve the discharger of any fines or civil penalties incurred as a result of the event or any other liability, which may be imposed under this chapter or other applicable laws.

(Ord. 2011-07, 2011.)

(a) Authorized enforcement staff shall be authorized, at any reasonable time, to enter the premises of any discharger to the city's MS4 to determine compliance with the provisions of this chapter, and to:

1. Conduct inspection, sampling, 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.

3. Inspect any materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable materials, wastes, storage areas, storage containers, waste-generating processes, treatment facilities, and discharge locations.

(b) Authorized enforcement staff shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the authorized enforcement official shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

(c) If the director of public works has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard the public health or safety, the director of public works shall have the right to immediately enter and inspect the property and may use any reasonable means required to affect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not 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 authorized enforcement staff shall be permitted to enter the premises without delay, for the purpose of performing his or her authorized duties. For facilities that 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.

(Ord. 2011-07, 2011.)

In addition to the general prohibitions in Part II of this chapter, it is prohibited to discharge any of the following from a residential use property or from any residential activities 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:

1. Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch and pesticides.

2. Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents, slurry from saw cutting concrete or asphalt, and other construction waste.

3. Domestic sewage including wastewater from sinks, washing machines, dishwashers, toilets, campers, motorhomes or trailers.

4. Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater.

5. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning wash water or rinse water and any other vehicular fluids.

6. Water softener brine waste or any other wastewater from other household water treatment systems.

7. Wastewater from draining swimming pools, ponds or fountains which contain algae, chlorine, biocides, acids or other chemicals, pool filter backwash containing debris and chlorine.

8. Discharge from acid cleaning of swimming pools, ponds, or fountains or filter cleaning from the same.

9. Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city's MS4 or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the state water resources control board or RWQCB.

(Ord. 2011-07, 2011.)

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. Likewise, if the tenant of a multifamily residential unit has discharged a prohibited material or waste into the city's MS4 or has caused the contamination of stormwater runoff from the property by his activities and the authorized enforcement official 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 MS4 from a contractor's activities, if the contractor was hired by the owner and cannot be located.

(Ord. 2011-07, 2011.)

All nonstormwater discharges associated with industrial and commercial activities that discharge into the city's MS4 are prohibited except as permitted by an individual discharger's NPDES stormwater permit or Section 13.25.235 of this chapter.

(Ord. 2011-07, 2011.)

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 discharge of stormwater associated with industrial activities. All listed businesses are required to submit a completed NOI form, site map, and application fee to the state water resources control board. The state water resources control board also requires the listed business to prepare a SWPPP, retain a copy of the SWPPP on-site and comply with all the requirements of the general permit for discharge of stormwater associated with industrial activities.

(Ord. 2011-07, 2011.)

(a) Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a notice of nonapplicability in lieu of an NOI if they can certify on this form provided by the state water resources control board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to stormwater runoff. The notice of nonapplicability must document all of the following:

1. All prohibited nonstormwater 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 nonstormwater discharges.

3. All industrial activities and industrial equipment are not exposed to stormwater or authorized nonstormwater 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 nonapplicability to the local office of the RWQCB and are required to maintain the above documentation on-site at all times. They are also required to re-evaluate and recertify once a year that the conditions above are continuously met.

(Ord. 2011-07, 2011.)

(a) All business, regardless of permit status, shall implement all applicable BMPs, including but not limited to, those listed in the California Stormwater Best Management Practice Handbooks, or the current San Bernardino County Stormwater Programs Report of Waste Discharge, to reduce pollutants in stormwater runoff and reduce nonstormwater discharges to the city's MS4 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 records shall be kept for a period of three years and made available to authorized enforcement staff upon request.

(b) If structural or treatment controls and BMPs are not functioning as designed or are not effective in reducing stormwater pollutants or nonstormwater discharges to the maximum extent practicable, the city will require that the control device be repaired, rebuilt or replaced.

(Ord. 2011-07, 2011.)

(a) Prior to the issuance of any grading or building permit, all qualifying land development/redevelopment projects shall obtain the director of public works or city engineer or his or her designee's approval of a water quality management plan (WQMP). WQMPs shall be submitted to the director of public works or city engineer on a form provided by the city. The WQMP shall identify all BMPs that will be incorporated into the project to control stormwater and nonstormwater pollutants after construction and shall be revised as necessary during the life of the project. Qualifying development/redevelopment projects include:

1. All significant redevelopment projects. Significant redevelopment is defined as the addition or replacement of five thousand or more square feet of impervious surface on an already developed site subject to discretionary approval of the city. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in an increase of less than fifty percent of the impervious surface of a previously existing development site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed in Subsection (a)2. below apply only to the addition or replacement, and not to the entire developed site. Where redevelopment results in an increase of fifty percent or more of the impervious surface of a previously existing development site, the numeric sizing criteria apply to the entire site.

2. New development projects that create ten thousand square feet or more of impervious surface, collectively over the entire project site, including commercial, industrial and residential housing subdivisions. Residential housing includes detached single-family home subdivisions, multifamily attached subdivisions or townhomes, condominiums and apartments.

3. Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539).

4. Food service businesses (with SIC code 5812) developing five thousand square feet or more of land area.

5. All hillside developments of five thousand square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more.

6. Developments of two thousand five hundred square feet of impervious surface or more adjacent to (within two hundred feet) or discharging directly into environmentally sensitive areas such as areas designated in the ocean plan as areas of special biological significance or waterbodies listed on the Clean Water Act Section 303(d) list of impaired waters.

7. Parking lots of five thousand square feet or more exposed to stormwater. "Parking lot" is defined as land area or facility for the temporary storage of motor vehicles.

8. All redevelopment projects adding five thousand square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots, etc.

9. Retail gasoline outlets that are either five thousand square feet or more or have projected average daily traffic of one hundred or more vehicles per day.

10. Other projects, as specified in the San Bernardino County Model WQMP Guidance Document, may be required, at the city's discretion, to submit a WQMP.

(b) Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of the ordinance codified in this chapter.

(c) Each WQMP shall name a responsible party for the project.

(d) The owner of a new development or significant redevelopment project, their successors or assigns, and each named responsible party shall implement and adhere to the terms, conditions and requirements of the approved WQMP.

(e) Each day that the owner of the property, their successors or assigns, or a named responsible party fails to implement and adhere to the terms, conditions and requirements of an approved WQMP shall constitute a separate violation of the ordinance codified in this chapter.

(f) The public works department, unless otherwise noted, shall require that the water quality management plan stormwater BMP transfer, access and maintenance agreement be recorded with the county recorder's office by the property owner. A notarized signature of the original owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the city shall not be required for recordation.

(g) The city shall require that all applicants provide verification of BMP maintenance requirements through such means as may be appropriate, at the discretion of the city, including, but not limited to, covenants, legal agreements, maintenance agreements, conditional use permits or funding arrangements.

(h) The property owner shall provide documentation of the effectiveness of the BMPs to authorized enforcement staff upon request.

(i) Emergency public safety projects shall be excluded if the delay caused by the requirements to prepare a WQMP compromises public health, safety, or poses an imminent threat to the environment.

(j) Post-construction BMPs must be designed and maintained to minimize the creation of nuisance and vector habitat.

(Ord. 2011-07, 2011.)

(a) Any developer/owner engaging in construction activities that disturb one acre or more of land shall apply for coverage under the general stormwater permit for construction activity with the state water resources control board. Any developer/owner engaging in construction activities that disturb less than one acre but are part of a larger common plan of development or sale that is greater than one acre must also apply for coverage under the general stormwater permit for construction activity with the state water resources control board.

(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 WDID to the city's public works department.

(Ord. 2011-07, 2011.)

(a) Discharges of nonstormwater from construction activities are generally prohibited except for those discharges listed in Section 13.25.235 of this chapter or any discharge authorized by the authorized enforcement official or the RWQCB.

(b) The authorized enforcement official may allow nonstormwater discharges from construction projects into the MS4 provided the requirements of the general permit for stormwater discharges associated with construction activity have been met.

(Ord. 2011-07, 2011.)

Authorized nonstormwater discharges under Section 13.25.510 shall be reported to the director of public works at least seven calendar days prior to a planned discharge. Unplanned discharges of nonstormwater into the city's MS4 shall be reported as soon as possible and before any discharge is initiated.

(Ord. 2011-07, 2011.)

All construction projects that could potentially have an adverse impact on the city's MS4 or waters of the state shall implement appropriate construction and post construction BMPs to reduce pollutants to the maximum extent practicable or to the extent required by law.

(Ord. 2011-07, 2011.)

(a) When the authorized enforcement official or his or her authorized representative finds that any discharger has the potential to violate or has already violated any provision of this chapter, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of correction (NOC) stating the nature of the violation and the necessary actions that must be implemented to correct the violation. The NOC shall stipulate a time period by which the violation(s) must be corrected and the penalties for noncompliance.

(b) If applicable, the discharger shall submit a proposed compliance schedule indicating the dates by which those corrective actions will be completed. The authorized enforcement official or his or her authorized representative shall review the plan and/or compliance schedule and approve them if they are adequate.

(c) Every day that a violation of the provisions of this chapter occurs shall be considered a separate offense.

(Ord. 2011-07, 2011.)

(a) When the authorized enforcement official or his or her authorized representative finds that any discharger has failed to comply with a NOC, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of violation (NOV) stating the nature of the violation and the penalties for noncompliance. At a minimum, the NOV shall require that the discharger submit to the authorized enforcement official, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions, which will be taken to prevent recurrence.

(b) Every day that a violation of the provisions of this chapter occurs shall be considered a separate offense.

(c) Pursuant to Chapter 1.15 of the City of Chino Municipal Code, the issuance of citations imposing administrative fines may be performed at the discretion of the authorized enforcement official for violations of this chapter.

(Ord. 2011-07, 2011.)

(a) In addition to the penalties established by this chapter, any threat to public health, safety or welfare may be declared and deemed a public nuisance pursuant to Chapter 8.50 of the City of Chino Municipal Code. Such public nuisance may be summarily abated and/or remediated by the authorized enforcement official and/or civil action may be taken by the city attorney to abate, enjoin or otherwise compel the cessation of such nuisance.

(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 to the city.

(Ord. 2011-07, 2011.)

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.

(Ord. 2011-07, 2011.)

(a) Any discharger may request, or the authorized enforcement official may order, an administrative hearing, at which a discharger who causes or allows, or who has caused or allowed, an unauthorized discharge to enter into the city's MS4 or continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not be taken. 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 authorized enforcement official, 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 calendar days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger.

(c) Pursuant to Chapter 1.15 of the City of Chino Municipal Code, any person to whom a citation has been issued may contest the citation and the proposed fine or fines.

(Ord. 2011-07, 2011.)

The authorized enforcement official may require compliance with any provision of this chapter, any NPDES stormwater permit or the basin plan, 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, and cease and desist orders.

(a) Compliance orders. The authorized enforcement official or his or her designee may issue a compliance order to any discharger who fails to correct a violation of this chapter or any NPDES stormwater permit. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time schedule. The compliance order may include, but not be limited to the following terms and requirements:

1. Specific requirements 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 covering or proper disposal of any pollutant having the potential to contact stormwater runoff.

3. Installation of stormwater treatment devices, containment structures, wash-racks.

4. The addition or removal of stormwater drains.

5. 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 practice guidance documents promulgated by any federal, state or local agency.

6. The authorized enforcement official or his or her designee may agree to a proposed compliance schedule submitted by the discharger or may adopt a revised compliance schedule if in his or her judgment, the compliance schedule proposed by the discharger would allow the discharger to cause harm to the receiving waters and/or the city's MS4.

7. The authorized enforcement official will notify the discharger of the adopted compliance schedule in a timely manner.

(b) Stop work order. The authorized enforcement 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 permit has been granted by the city authorizing the work.

2. Work has begun without prior written approval by the authorized enforcement official.

3. Violations of this chapter 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 authorized enforcement official.

(c) When the authorized enforcement official finds that any person or industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, or NPDES stormwater permit, the authorized enforcement official may issue a cease and desist order directing the discharger to:

1. Immediately discontinue any illegal connection or prohibited discharge to the city's MS4.

2. Immediately contain or divert any discharge where the flow is occurring in violation of any provision of this chapter.

3. Immediately discontinue any other violation of this chapter.

(Ord. 2011-07, 2011.)

(a) If any person violates any provision of this chapter, federal or state NPDES requirements or any order of the city, the city attorney may commence an action for appropriate legal, equitable or injunctive relief in the superior court of the county.

(b) In addition to the penalties provided in this chapter, the authorized enforcement official may recover all reasonable attorney fees, court costs, court reporter's fees and other 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 thereunder.

(Ord. 2011-07, 2011.)

Pursuant to the authority of California Government Code Section 54739 et seq., any person who violates any provision of this chapter, any permit condition, prohibition or effluent limitation, or any suspension or revocation order shall be liable civilly for a penalty not to exceed twenty-five thousand dollars for each day in which such violation occurs. The city attorney, upon order of the city council, shall petition the superior court to impose, assess, and recover such penalties.

(Ord. 2011-07, 2011.)

(a) Any person who willfully violates any provision of this chapter or permit condition, knowingly violates any administrative order or prohibition; knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a NPDES permit; or who falsifies, tampers with, or knowingly causes an inaccuracy in any monitoring device or method required or authorized under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine not to exceed one thousand dollars and/or by imprisonment for a period of not more than six months.

(b) Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall be punishable for that violation as provided by this section.

(Ord. 2011-07, 2011.)

(a) Any person who damages or impairs the usefulness of city property, including but not limited to, the sanitary sewer and MS4 shall be liable to the city for all damages and additional costs, including the imposition of fines and penalties on the city by federal, state or local regulatory agencies. 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 calendar days of invoicing.

(b) Any person who discharges pollutants into the city's MS4 which causes, or has the potential to cause, increased maintenance of the MS4, nonroutine inspection or sampling of the MS4, MS4 blockages or other damage or interference in the city's MS4, or causes any other damages, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires nonroutine inspection or sampling of, causes blockages of, damage to, interference with the city's MS4, 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 calendar days of invoicing.

(Ord. 2011-07, 2011.)

Any decision of the authorized enforcement official may be appealed. An appeal must be initiated within ten calendar days after receipt of the notice of any decision or action by filing, with the authorized enforcement official, 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 calendar days after receipt of the letter of appeal. The appellant shall be given at least seven calendar 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 a reasonable opportunity to be heard and to show cause why the determination of the authorized enforcement official should not be upheld. Within forty-five calendar 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 authorized enforcement official determines that such a stay would threaten the public safety, health or welfare.

(Ord. 2011-07, 2011.)

Whenever the authorized enforcement official discovers a violation of this chapter, which may result in an increase in pollutants entering the city's MS4, the authorized enforcement official may issue a notice to remediate the offense. Any discharger who receives such a notice shall undertake immediate remediation activities to correct the violation as described in the notice.

(Ord. 2011-07, 2011.)

If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and other chapters, shall not be affected and shall continue in full force and effect.

(Ord. 2011-07, 2011.)

All other laws and parts of other laws inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.

(Ord. 2011-07, 2011.)

The city council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the city's MS4, if deemed necessary.

(Ord. 2011-07, 2011.)