Article 2 — MANAGEMENT AND DISCHARGE CONTROLS

(a)

Generally. It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city. The only exception is where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this chapter to 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, catchbasin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

(b)

Construction sites. Any person performing construction work in the city shall comply with the provisions of this chapter.

(c)

New development and redevelopment. New development or redevelopment projects shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The city manager or designee shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation. The BMPs may, among other things, require new developments or redevelopments to do any of the following:

(1)

Increase permeable areas, by leaving highly porous soil and low-lying areas undisturbed; by incorporating landscaping and open space into the project design; by using porous materials for or near driveways and walkways; and by incorporating detention ponds and infiltration pits into the project design;

(2)

Direct runoff to permeable areas, by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, and french drains; by installing rain-gutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas;

(3)

Maximize stormwater storage for reuse, by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.

(d)

Existing development. Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The city manager or designee shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation.

(e)

Commercial and industrial facilities. Any person or entity that owns or operates a commercial and/or industrial facility shall comply with the provisions of this chapter. All such facilities shall be subject to a regular program of inspection as required by this chapter, Water Code § 13000 et seq. (Porter-Cologne Water Quality Control Act), 33 USC 1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is a violation of this chapter to establish, use, maintain or continue illicit connections to the storm drain system, or to commence or continue any illicit discharges to the storm drain system. This prohibition against illicit connections and discharges is expressly retroactive andapplies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The discharge of nonstormwater into the storm drain system is a violation of this chapter except as specified as follows:

(1)

The discharge prohibition shall not apply to any discharge regulated under an NPDES permit or waiver issued to the discharger and administered by the state under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.

(2)

Discharges from the following activities will not be considered a violation of this chapter when properly managed: water line flushing and other discharges from potable water sources, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, flows from riparian habitats and wetlands, or flows from firefighting.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-16, § 1, 2-8-2023)

(a)

Municipal NPDES permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(b)

NPDES permit for industrial/commercial and construction activity. Any industrial discharger, discharger 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, the Santa Ana Regional Water Quality Control Board, the San Diego Regional Water Quality Control Board or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits:

(l)

The industrial stormwater general permit;

(2)

The construction activity stormwater general permit; and

(3)

The dewatering general permit.

Proof of compliance with such NPDES general permits may be required in a form acceptable to the city manager or designee prior to issuance of any city grading, building or occupancy permits.

(c)

It is unlawful for any person, firm, corporation or association of persons to violate any provision of this chapter or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation or association of persons violating any provision of this chapter or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as specified in this chapter. Such person, firm, corporation or association of persons shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter is committed, continued or permitted.

(l)

Any person, firm, corporation or association of persons so convicted shall be guilty of an infraction offense and punished by a fine not exceeding:

a.

$100.00 for a first violation;

b.

$200.00 for a second violation at the same site.

(2)

The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00, six months in jail or both.

Notwithstanding subsection (c)(l) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty in this section shall not relieve a person, firm, corporation or association of persons from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-16, § 1, 2-8-2023)

An inspector employed by the city may enter at any time, any premises, grounds, facilities or structures for which compliance is required by this chapter and inspect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by this chapter, county Ordinance Nos. 457 and 857, Water Code § 13000 et seq. (Porter-Cologne Water Quality Control Act), 33 USC 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. Eastvale businesses are required to be inspected per the MS4 Permit (Order No. RB-2010-0033, NPDES No. CAS 618033) Section II, H. Co- Permittee Inspection Programs. Inspection fees shall be paid at the time of business registration, or when invoiced by the city, whichever occurs first.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-16, § 1, 2-8-2023)