Colton Municipal Code Ch. 14.02 General Conditions and Prohibitions

Except as otherwise provided in this chapter, the Director Shall administer, implement and enforce the provisions of this title. Any powers granted or duties imposed upon the Director May be delegated in writing by the Director to Persons acting in the beneficial interest of, or in the employ of, the City.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)

Unless otherwise provided in this chapter, any Notice required to be given by the Director under this title Shall be in writing and served in Person or by first-class or by 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. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)

A. No Person Shall establish, Use, maintain or continue illicit drainage connections to the City Storm Drain System, or commence or continue any illicit Discharges 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.

B. The Discharge of Nonstormwater is permissible only when connection to the Storm Drain System is made in accordance with a valid City Permit, Approved Construction Plan, or a NPDES Permit and/or NOI; and the Discharge is exempt under the provisions of Section 14.02.060.

C. City Permits are required for the construction or modification of any storm drain or conveyor of Storm Drainage water and appurtenant Structures within:

1. Dedicated Easements, rights-of-way or other Public Places or facilities;

2. Private Property so as to allow Nonstormwater to directly or indirectly Discharge into the City Storm Drain System. Indirect Discharges include, but are not limited to, Discharges to Sidewalk drains and Driveway approaches and unrestricted Street flow.

(Ord. 0-04-00 § 4, 2000: Ord. 0-17-93 § 1 (part), 1993)

Without prior Written Approval of the Director, no Person Shall construct or modify or cause to be constructed or modified any Structure, Facility or appurtenant items which May alter the normal functioning of the Storm Drain System, including actions which May alter the capacity, fall or structural integrity of a storm drain, channel or related Structure.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)

No Person Shall make Nonstormwater Discharges to the City Storm Drain System, unless such Discharge is in compliance with an NPDES Permit issued for the Nonstormwater Discharge. Prohibited Discharges include, but are not limited to:

A. Any Discharge directly or indirectly into the City Storm Drain System of any solid, liquid or Gaseous Matter in Violation of any Law, rule, regulation, Permit, order or other requirement of any Federal, State, County, municipal or other governmental agency or entity;

B. Any Discharge that would result in or contribute to a Violation of the City's NPDES Permit and any amendment, revision, reissuance thereof, either separately considered or when combined with other Discharges;

C. Any Refuse, Rubbish, Garbage or other discarded or Abandoned objects, articles or accumulations thrown, deposited, left, maintained, kept or Permitted to be thrown, deposited, placed, left or maintained in or upon any Street, Alley, Sidewalk, storm drain, inlet, catch basin, conduit or other drainage Structures, place of Business, or public or private Lot of land within the City so that the same May or does become a Pollutant which May or does enter the City Storm Drain System; or

D. Any Refuse, Rubbish, Garbage or other discarded or Abandoned objects, articles or accumulations thrown, deposited, left, maintained, kept or Permitted to be thrown, deposited, placed, left or maintained in or upon any fountain, lake, stream or any body of water in a Park or anywhere else in the City.

In addition, no Person Shall fail or refuse to implement any BMPs imposed by the Director.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 5, 2000: Ord. 0-17-93 § 1 (part), 1993)

The Following Discharges are exempt from the prohibited Discharges listed in Section 14.02.050:

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 facilities or water mains is thoroughly dechlorinated prior to contacting Receiving Waters;

B. Landscape irrigation, lawnwatering and irrigation water;

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

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

E. Individual residential car washings, dechlorinated Swimming Pool Discharges;

F. Flows from firefighting.

(Ord. 0-17-93 § 1 (part), 1993)

Each industrial Discharger, Discharger associated with Construction Activity, or other Discharger engaging in any activities regulated by any general Stormwater Permit adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Water Quality Control Board, Santa Ana Region, Shall provide NOI and comply with and undertake all other activities required by any general NPDES Stormwater Permit applicable to such Discharges. Each Discharger identified in one or more individual NPDES Permits or Discharge orders relating to Stormwater Discharges Shall comply with and undertake all activities required by such Permits or orders.

(Ord. 0-04-00 § 6, 2000: Ord. 0-17-93 § 1 (part), 1993)

Any Person undertaking any activity or operation that causes or contributes to illegal or Nonstormwater Discharges or Stormwater Pollution Shall comply with any and all applicable Best Management Practices (BMPs) which will cause the illegal or Nonstormwater Discharges or Stormwater Pollution to be reduced or cease. The Director is authorized to impose BMPs on any Person using the Storm Drain System, and the failure of any Person using the Storm Drain System to implement such BMPs Shall be a Violation of this title.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 7, 2000: Ord. 0-17-93 § 1 (part), 1993)

A. No Person Shall store potential Pollutants, including but not limited to, motor Vehicle or machine Parts which May leak Grease, oil, or other toxic substances, in unsealed containers or otherwise cause or Permit any dumpster, solid waste bin, or similar container to leak such that any Pollutant is Discharged into any Street, Alley, Sidewalk, storm drain, inlet, catch basin, conduit or other drainage Structures, place of Business, or upon any public or private land in the City. To contain the spillage of Nonstormwater Discharges from any container, the City May require the installation of a Spill Containment system.

B. Spill Containment systems, as May be required by Law, by BMPs or otherwise, Shall conform to any requirements established by Law or by the Director. No Person Shall operate a Spill Containment system that allows incompatible liquids to mix or spill, thereby creating a 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 or other devices designed to contain liquid spillage. Spill Containment systems Shall be constructed of impermeable Materials that are nonreactive to the liquid being contained. 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 in writing by the Director, all chemicals or wastes Discharged within the collection area Shall be disposed of in accordance with all applicable Federal, State and Local Laws and regulations and are not to be Discharged to a Public Sewer, the storm drain or the ground.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 8, 2000: Ord. 0-17-93 § 1 (part), 1993)

Any Person exercising control over or in charge of Pollutants or other harmful Materials is responsible for protecting against the accidental Discharge of such Pollutants or Materials to the City Storm Drain System. Detailed plans showing facilities and operating procedures utilized to provide necessary protection to the City Storm Drain System Shall be submitted to the City for review. Construction that May lead to the accidental Discharge of Pollutants or other harmful Material May not proceed unless and until the Director has Approved such plans. All existing nondomestic City Storm Drain System Users Shall complete such a plan. City review and Approval of such facilities and operating procedures Shall not relieve the User from the responsibility to modify the User's facilities as necessary to continue to meet the requirements of this section.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 9, 2000: Ord. 0-17-93 § 1 (part), 1993)

All Persons in charge of commercial and industrial facilities and Establishments or other Premises, including but not limited to employers and managers, are responsible to train Facility personnel on how to recognize and notify the City of any suspected, confirmed or unconfirmed release of Material, Pollutants or waste creating a risk of unPermitted Discharge to the Storm Drain System. Except as otherwise specified in this title, in the event of an accidental Discharge, it is the responsibility of the User to immediately notify the City, the County Health Department, the Regional Water Quality Control Board, Santa Ana Region, and other applicable Federal and State Offices as soon as possible Following the accidental Discharge and in all cases within the time required by Law. A Notice Shall be permanently posted in a prominent place advising Employees whom to contact in the event of an accidental Discharge. The Person(s) in charge of the Material, Pollutant or waste accidentally Discharged Shall submit a Written report to the Director. 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 recurrences. Such notification Shall not relieve the User of paying any fines or civil penalties incurred by the User or the City as a result of such event, or any other liability which May be imposed by this title or other applicable Laws.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 10, 2000: Ord. 0-17-93 § 1 (part), 1993)

A. Whenever it is necessary to conduct an inspection to enforce any of the provisions of this title, or whenever the Director, or his or her Designated Representative, has reasonable cause to believe that there exists in any Building or upon any Premises any condition which constitutes a Violation of the provisions of this title, such inspector May enter such Building or Premises at all reasonable times to inspect the same or perform any duty imposed upon the inspector by this title; provided that (i) if such Building or Premises are occupied, he or she Shall first present proper credentials and request entry; and (ii) if such Building or Premises are unoccupied, he or she Shall first make a reasonable effort to locate the Owner or other Persons having charge or control of the Building or Premises and request entry. Any such request for entry Shall be accompanied by a statement to the effect that the Property Owner or Occupant has the right to refuse entry and, except as provided in subsection C of this section, that in the event such entry is refused, inspection May be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the Owners and/or Occupant refuse(s) entry after such request has been made, the Director is hereby empowered to seek assistance from any Court of competent jurisdiction in obtaining such entry.

B. Routine or area inspections Shall be based upon such reasonable selection processes as May be deemed necessary to carry out the objectives of this title. The Director Shall be authorized to determine compliance with the provisions of this title and have the right to take any necessary action including but not limited to:

1. Conducting individualized inspections, sampling, monitoring and/or performing other authorized activities to enforce the provisions of this title;

2. Reviewing any records, reports, test results or other information required to enforce the provisions of this title. Such review includes the right to photograph, videotape or Copy any applicable information; or

3. Inspecting any wastes, chemicals, storage areas, storage containers, waste-generating processes, treatment facilities and Discharge locations. Such inspection includes the right to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, treatment facilities and Discharge locations.

C. If the Director has reasonable cause to believe that Nonstormwater Discharge conditions on or emanating from the Premises are so Hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Director Shall have the right to immediately enter and inspect the Property, and May Use any reasonable means required to effect such an entry and make such inspection, whether the Property is occupied or unoccupied and whether or not formal Permission to inspect has been obtained.

D. Where a User has instituted security measures requiring proper identification and clearance before entry onto the Premises, the User 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 requiring special clearances to conduct inspections, it Shall be the responsibility of the User to obtain all necessary clearances on behalf of the City so that City inspections are not impaired.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 §§ 11, 12, 2000; Ord. 0-17-93 § 1 (part), 1993)

A. The Director May direct any Person engaged in any activity and/or owning or operating any Premises which May cause or contribute to Stormwater Pollution or contamination, illicit Discharges, and/or Discharge of Nonstormwater to the City Stormwater System, to undertake such monitoring activities and/or analyses and furnish such reasonable reports as the Director May specify. The burden, including costs, of these activities, analyses and reports Shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request Shall undertake and provide the monitoring, analyses and/or reports requested.

B. In the event the Owner or Operator of Premises subject to a monitoring and/or Analysis Order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the Director May cause such monitoring and/or analysis and the cost, including the reasonable additional administrative costs incurred by the City, to be borne by the Owner of the Premises. If an invoice demanding payment is not paid within sixty Days of the issuance thereof, the costs May be imposed as a lien upon and against so long as the California Government Code provisions related to the filing and imposition of liens are followed, and such lien Shall continue in existence until the same is paid.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 13, 2000)