Desert Hot Springs Municipal Code Ch. 13.08 Stormwater Management and Discharge Controls

The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of the City by:

A. Regulating non-stormwater discharges to the municipal separate storm drain;

B. Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater; and

C. Reducing pollutants in stormwater discharges to the maximum extent practicable;

D. Protecting and enhancing the water quality of City watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Prior code § 160.01)

The terms as used in this chapter shall have the following meanings:

“40 CFR”

means Title 40 of the Code of Federal Regulations.

“Best management practices (BMPs)”

means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to 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 disposal, and drainage from raw materials storage. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs.

“CEQA”

means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq., and the regulations thereunder.

“City”

means the City of Desert Hot Springs.

“Clean Water Act”

means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act (33 U.S.C. Sections 1251 et seq.), and amended in 1987 to establish new controls on industrial and municipal stormwater discharges, and any and all subsequent amendments thereto.

“County”

means the County of Riverside.

“Director”

means the City of Desert Hot Springs Director of Public Works or his or her designee.

“Discharge”

means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid or solid substance except discharges pursuant to a NPDES permit, exempted discharges or conditionally exempted discharges.

“Hazardous substance”

means any hazardous substance as that term is defined under California Health and Safety Code Sections 25281(g), 25501(o) and 25501.1, and pursuant to 42 U.S.C. Section 9601(14); any “hazardous waste” as that term is defined under 42 U.S.C. Section 6903(5), and under California Health and Safety Code Section 25550(p); any “hazardous material” as that term is defined under California Health and Safety Code Section 25501(u); and chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health and Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term hazardous substance includes any amendments to the above-referenced statutes and regulations.

“Illicit connection”

means any physical connection to a storm drain system which has not been permitted by the City, the County, the Riverside County Flood Control and Water Conservation District, the regional board, or other appropriate public body.

“Illicit discharge”

means any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by Colorado River Basin Regional Water Quality Control Boards.

“Impervious surface”

means any surface that prevents or significantly reduces the entry of water into the underlying soil resulting in runoff from the surface in greater quantities and/or at increased rates when compared to natural conditions prior to development including but not limited to parking lots, driveways, roadways, storage areas, rooftops. The impervious surfaces commonly result from paving, compacted gravel, connected earth, and oiled earth.

“Maximum extent practicable”

means the standard for implementation of stormwater management programs to reduce pollutants in stormwater. Deciding factors shall include, but are not limited to, gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, chance for successful implementation, cost and technical feasibility.

“MS4”

means municipal separate storm sewer system.

“Municipal NPDES permit”

means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

“National Pollutant Discharge Elimination System (NPDES) Permit”

means a stormwater discharge permit issued by the Colorado River Basin Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Federal Clean Water Act.

“Non-stormwater discharge”

means any drain system that is not entirely composed of stormwater.

“Person”

means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or dues.

“Pollutant”

means the following liquid, solid or semisolid substances, or any combination thereof:

Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings);

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

Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals, such as phosphorus and arsenic;

Petroleum hydrocarbons (such as crude oils, fuels, lubricants, surfactants, waste oils, solvents, coolants, condensate and grease);

Excessive eroded soils, sediment and particulate materials;

Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);

Substances having characteristics with a pH of less than 6.5 or greater than 8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

Waste materials and wastewater generated on construction sites and by construction activities (such as painting and 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 fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, 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);

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

Materials which contain base/neutral or acid extractable organic compounds;

Pollutants defined in 33 U.S.C. Section 1362(6) of the federal Clean Water Act;

Any other constituent or material that may adversely affect the beneficial uses of the receiving waters, flora or fauna of the state, as determined by the state board or the regional board. The term pollutant shall not include uncontaminated stormwater runoff, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

“Premises”

means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

“Receiving waters”

means all surface water bodies within the permit area, including the White Water River Basin.

“Regional Board”

means the California Water Quality Control Board, Colorado River Basin.

“Runoff”

means any runoff including stormwater and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of many base flow components either contaminated with pollutants or uncontaminated.

“State Board”

means the State Water Resources Control Board.

“Storm drain system”

means any facility by which stormwater may be conveyed to waters of the United States. The storm 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”

means water which originated from atmospheric moisture (rainfall or snow melt) and that falls onto land, water, or other surfaces.

“Stormwater runoff”

means surface runoff and drainage associated with rain storm events and snow melt.

“USEPA”

means the United States Environmental Protection Agency.

(Prior code § 160.02)

This chapter shall be administered for the City by its Director of Public Works and his or her designee.

(Prior code § 160.03)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments, revisions or reissuance thereof.

(Prior code § 160.04)

A. No person shall cause, facilitate or permit any illicit discharge to the storm drain system except as follows:

1. Discharges regulated under an NDPES permit or pursuant to a waiver which has been issued to the discharger and which is being administered by the state under the authority of the USEPA, provided that said person is in full compliance with the applicable NPDES permit and/or the waiver and any conditions of the waiver and all other applicable laws or regulations.

2. Discharges from the following activities, unless otherwise regulated herein:

a. Water line flushing;

b. Landscape irrigation;

c. Diverted stream flows;

d. Rising groundwaters;

e. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20)) to separate storm sewers;

f. Uncontaminated pumped groundwater;

g. Discharges from potable water sources;

h. Foundation drains;

i. Air conditioning condensate;

j. Irrigation water;

k. Springs;

l. Water from crawl space pumps;

m. Footing drains;

n. Lawn watering;

o. Individual residential or noncommercial car washing;

p. Flows from riparian habitats and wetlands;

q. Dechlorinated swimming pool discharges;

r. Discharges or flows from emergency fire fighting activities;

s. Street wash water;

t. Fire hydrant flow testing; and

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

B. Any person who violates the terms of this section shall immediately commence all appropriate response action to investigate, assess, remove and/or remediate any pollutants discharged as a result of such violation, and shall reimburse the City or other appropriate governmental agency, for all costs incurred in investigating, assessing, monitoring, removing, cleaning up, treating, and/or remediating any pollutants resulting from such violation, including all reasonable attorney’s fees and environmental and related consulting fees incurred in connection therewith.

(Prior code § 160.05)

A. No person shall discharge, or cause or permit to be discharged, any waste, yard waste, hazardous waste, or infectious waste (as such terms are defined in Section 13.08.020) into the storm drain system including depositing, placement, or maintenance of any refuse, rubbish, or garbage and/or any abandoned vehicles, upon or into any public or private property or any premises located in the City, except through the discarding, depositing, disposal, or placement in containers, barrels, and/or bins to be used for the proper containment and transportation of such materials, and except for the disposal of such materials at properly licensed and permitted solid and/or hazardous waste facilities.

B. Any person violating this section shall immediately cause the proper collection and abatement of such waste material and shall remedy and clean up any property and/or any portion of the storm drain system directly or indirectly affected by such discharge.

C. Any and all costs and expenses incurred by the City in assessing and abating a violation of this section may be assessed against all violating persons, including all administrative expenses and legal fees and costs incurred by the City in assessing and abating the discharge and in enforcing the terms of this section.

(Prior code § 160.06)

No person shall construct, utilize, maintain, operate or permit the existence of any illicit connection on any premises owned or operated by such person that connects directly or indirectly to the storm drain system. Any illicit connection constructed, utilized, maintained, operated, or permitted to be operated on any premises owned or operated by such person from and after the date of the adoption of the ordinance codified in this chapter shall be terminated and removed and/or otherwise sealed in a manner approved by the Director of Public Works.

(Prior code § 160.07)

No person shall use, store, maintain or place any hazardous substance, including any grease or oil from motor vehicles, machine parts, or other equipment, in such a manner and/or in areas that create a release or a threat of a release of hazardous substances into the storm drain system. The City, County, and/or Regional Board may require the installation of a spill containment system to prevent or avoid the creation of any release or threat of a release of such a discharge. Spill containment systems may include but are not limited to a system of dikes, walls, barriers, berets, or other devices as may be required.

(Prior code § 160.08)

Any person performing construction work in the City shall comply with the provisions of this chapter, and Ordinance No. 457 of the County for erosion and sediment control. A copy of Ordinance No. 457, an ordinance of the County, is on file in the office of the City Clerk.

(Prior code § 160.09)

A. To minimize the discharge and transport of pollutants, the City may require that any new development or redevelopment project control the volume and rate of stormwater runoff from the project so as to prevent any deterioration of water quality that may impair the subsequent or competing uses of the water. The Director of Public Works may establish standards and guidelines implementing BMPs designed to control the rate and volume of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

B. The following methods and standards for controlling stormwater runoff volumes, rates, and pollutants, among others, may be required by the Director of Public Works:

1. Increase Permeable Areas. Avoid placing impervious surfaces in highly porous soil areas; incorporate landscaping and open space into the project design; use porous materials for or near driveways and walkways; incorporate detention ponds and infiltration pits into the project’s design; avoid placing pavement and other impervious surfaces in low lying areas.

2. Direct Runoff to Permeable Areas. Direct stormwater runoff away from impermeable areas to swales, berms, green strip filters, gravel beds, and French drains. Install raingutters and orient them toward permeable areas. Modify the grade of the property to divert flow to permeable areas and minimize the amount of storm water runoff leaving the premises. When designing curbs, berms or other structures, avoid designs which isolate permeable or landscaped areas.

3. Maximize Stormwater Storage for Reuse. Require retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.

(Prior code § 160.10)

All industrial dischargers, dischargers associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit or permits. Proof of compliance with such NPDES general permits may be required in a form acceptable to the Director of Public Works prior to issuance of any City grading, building, or occupancy permits.

(Prior code § 160.11)

Where BMP guidelines or requirements have been adopted by the City or by any federal, state, regional, and/or County agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or cause pollutants to be discharged to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Director of Public Works.

(Prior code § 160.12)

A. Immediate Notification. Any person who intentionally, negligently or otherwise violates any provision of this chapter resulting in a discharge of a pollutant or pollutants to the storm drain system shall immediately notify the Director of Public Works or his or her designee by telephone or in person, and shall identify the location of the discharge, the date and time of the discharge, the type, concentration and volume of the pollutant or pollutants discharged, as well as any corrective action taken as a result of the discharge. Written notification of such discharge information shall thereafter be provided to the Director of Public Works or his or her designee within 48 hours of the discharge.

B. Written Report. All persons violating this chapter shall, within ten calendar days after any such discharge of a pollutant or pollutants, file with the Director of Public Works a detailed written report describing the cause of the discharge, the date and time of the discharge, the type, concentration and volume of material discharged, the location of the discharge, any specific information needed in connection with the location to fully explain the potential impacts from the discharge, and any corrective action or other measures taken in connection with the discharge, including any measures taken to prevent similar discharges in the future. Submission of this written report shall not be deemed to be a waiver or release of any person from any liability, fines or other obligations imposed under this chapter, or otherwise in the City’s code or under state or federal law.

(Prior code § 160.13)

A. Inspections. The City Manager or the Director of Public Works, or any designee thereof, may, on 24-hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:

1. Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;

2. Identifying points of discharge of all waste water, non-stormwater, processed water systems and pollutants;

3. Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;

4. Establishing the location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;

5. Locating any illicit connection or illicit discharge;

6. Investigating and inspecting a vehicle, truck, trailer, tank or other mobile equipment;

7. A review and inspection of all records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general NPDES permits, stormwater pollution prevention plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the storm drain system;

8. Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contributions of pollutants to the storm drain system;

9. Inspecting the integrity of all storm drain systems and sanitary sewer systems, any connections to other pipelines on the property, including the use of dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;

10. The installation and maintenance of monitoring systems for the purpose of measuring any discharge or potential source of discharge to the storm drain system;

11. Evaluating compliance with this chapter and/or the Clean Water Act and applicable State law, and all regulations thereto.

B. Enforcement.

1. Any violation of this chapter is a misdemeanor and shall be punishable by either a fine of up to $1,000 or six months in the County Jail, or both.

2. Any person who may otherwise be charged with a misdemeanor as a result of a violation of this chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than $100 for the first violation, $200 for the second violation, and $250 of each additional violation thereafter.

3. As part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the City or any injured person, or, in the case of a violator who is a minor, by the minor’s parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward, as well as any costs and fees incurred in investigating, assessing, monitoring, treating, removing, cleaning or remediating any discharge.

4. Any person violating the provisions of this chapter shall reimburse the City for any and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any illicit discharge or pollutant from the storm drain system; rectifying any illicit connection; or remediating any violation of this chapter. Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys’ fees, in obtaining compliance, and in litigation including all costs and attorneys’ fees on any appeal. The costs to be recovered in subsection A of this section, shall be recoverable from any and all persons violating this chapter.

5. In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or the Director of Public Works, or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the discharge of pollutants, where such discharge presents a significant and immediate threat to the public health or safety, or the environment.

6. Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and State law.

7. All costs and fees incurred by the City as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with California Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by California Government Code Section 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the premises in accordance with the conditions and requirements of California Government Code Section 38773.5.

8. Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Sections 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen’s suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief consistent with such Act, and to pursue such other relief as provided for under State law and pursuant to the City’s Code.

9. The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the City, and may include all legal expenses and fees and any and all costs incurred relating to the assessment, investigation, monitoring, restoration and/or remediation of the environment.

10. Each separate discharge in violation of this chapter and each day a violation of this chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.

11. The City may utilize any and all remedies as are otherwise provided by law.

(Prior code § 160.14)