Fontana Municipal Code Div. 1 Generally

This article sets forth uniform requirements for all uses of the city's MS4.

The purpose of this article is to protect and enhance the water quality of watercourses, water bodies, ground water and wetlands in a manner consistent with federal, state and local laws and regulations, and to implement the requirements of the city's NPDES permit.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, source control, any on-sight or off-site treatment control measures, and other management practices to prevent or reduce the pollution of 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, or drainage from raw material storage.

Biochemical oxygen demand or BOD is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g. mg/L).

Building official means the building official of the City of Fontana or the Building Official's designee.

Chemical oxygen demand or COD is an indicative measure of the amount of oxygen that can be consumed by reactions in a measured solution.

City engineer means that person designated as the city engineer of the City of Fontana or the city engineer's designee.

City's NPDES permit means that permit issued to the city as co-permittee by the board, Santa Ana region, pursuant to the Federal Clean Water Act and California's Porter-Cologne Water Quality Control Act, as that permit currently exists or may hereafter be amended.

Construction activity includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures, any new development, significant redevelopment, other project for which a building, grading or other local permit or approval is required, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. The term construction activity includes, but is not limited to, all projects that require a construction activity stormwater permit.

Construction discharger means any person who contributes to, causes or permits any materials associated with construction activities to be discharged into the storm drain system.

Discharger means any person who causes or contributes a discharge into the storm drain system.

Illegal discharge means any discharge into the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations, including, without limitation, any discharge that causes, has the potential of causing or contributes to a violation of the city's NPDES permit. The term illegal discharge includes all nonstormwater discharges except discharges made pursuant to an NPDES permit, discharges that fall within the discharge exceptions identified in section 23-511 of this chapter or discharges authorized by the executive officer of the regional water quality control board, Santa Ana region.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater drainage system or any connection to the storm drain system that is not authorized by a NPDES permit or in writing by the city engineer.

Industrial activity means any activity associated with an industrial development. The term industrial activity includes, but is not limited to, those activities for which an industrial activity stormwater permit is required.

Industrial discharger means any person who contributes to, causes or permits any materials associated with industrial activities to be discharged into the storm drain system. Households and private residences shall not be considered industrial dischargers.

Local implementation plan or LIP means a requirement by the MS4 permit and describes how the City of Fontana will implement the requirements of the MS4 permit within its own jurisdiction. Low impact development or LID means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, use, or any combination thereof of stormwater in order to protect water quality and associated aquatic habitat.

Maximum extent practicable or MEP means management practices, control techniques, and system design and engineering methods for the control of pollutants taking into account considerations of synergistic, additive, and competing factors, including, but not limited to pollutant removal effectiveness, regulatory compliance, gravity of the problem, public acceptance, social benefits, cost and technological feasibility.

Memorandum of agreement or MOA means that formal business document signed between the owner(s) and the City of Fontana outlining the responsibilities and roles of each party relating to water quality management plan and stormwater BMP transfer, access and maintenance that has been approved by and is available from the city's engineering department.

Municipal separate storm sewer system or MS4 or storm drain system means the city's separate storm sewer system. The MS4 is a system of conveyances (including, but not limited to roads with drainage systems, municipals streets, catch basins, curbs, gutter, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains) designated or used for collecting or conveying stormwater. This definition of storm drain system shall not be construed as affecting in any way the City's ownership, use or control of property for municipal liability purposes.

National pollutant discharge elimination system permit or NPDES permit means those permits issued by the state water resources control board or the regional water quality control board, Santa Ana Region pursuant to the Federal Clean Water Act, including, but not limited to the CGP and the IGP.

New development means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

Nonstormwater means any liquid, water or other agent which contains pollutants. Nonstormwater consists of all discharges to and from a stormwater conveyance system that do not originate from precipitation events (i.e., all discharges from stormwater). Nonstormwater includes illegal discharges, nonprohibited discharges, and NPDES permitted discharges.

Notice of intent or NOI means an application for coverage under the general stormwater permits.

Operating procedures means standard operations procedures with references to applicable statewide NPDES general permits.

Person means an individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalents per liter of solution.

Pollutant means any agent that may cause, contribute to or increase the degradation of the water quality of the waters of the United States, including, but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Public works director means that person designated as the director of the City of Fontana Public Works Department or their designee.

Significant redevelopment means the addition or creation of 5,000 or more square feet of impervious surface on an already developed site. This includes, but is not limited to, additional buildings and/or structures, extension of an existing footprint of a building and construction of parking lots.

Statewide construction general permit or CGP mean that permit issues by the state water resources control board for the construction activities, specifically the general permit for discharges of stormwater associated with construction activity, as that permit currently exists or my hereafter be amended.

Statewide industrial general permit or IGP means that permit issued by the state water resources control board for industrial activities, specifically the industrial stormwater general permit, as that permit currently exists or may hereafter be amended.

Stormwater means urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events. Stormwater is that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

Total suspended solids or TSS means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Water quality management plan or WQMP means a plan required of new development/redevelopment projects specified in this chapter, outlining appropriate nonstructural and structural BMPs, including stormwater infiltration and treatment devices, that will be implemented and installed to prevent pollutants from being discharged into the city's municipal separate storm sewer system, during and after construction.

Waters of the United States means those waters that are more particularly described in 40 CFR 120.2.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The public works director shall have the power and duty to administer, implement and enforce the provisions of this article and all rules and regulations concerning the storm drain system. The public works director shall monitor the maintenance and operation of the BMPs and ensure that necessary repairs are made thereto.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person shall:

(1) Cause, allow, contribute to or facilitate an illegal discharge into the MS4.

(2) Establish, use or maintain any illicit connection, as more fully described in section 23-512.

(3) Cause, permit or authorize any agent, employee or independent contractor to cause, allow, contribute to or facilitate an illegal discharge or establish, use or maintain any illicit connection to the MS4.

(4) Throw, deposit, abandon, maintain, or dispose of any refuse, rubbish, garbage, or other pollutants or wastes that may cause water quality concerns in or upon any street, alley, sidewalk, storm drain, catch basin, or other drainage structure, or upon any public or private piece of property, unless permitted by waste discharge requirements or waiver by the regional water quality control board, Santa Ana region.

(5) Discharge or cause to be discharged into any fountain, lake, stream or any other body of water in the city any refuse, rubbish, garbage or other pollutant.

(6) Cause, allow, contribute to or facilitate a violation of the city's NPDES permit, including, but not limited to, discharges into the MS4 causing, threatening to cause, or contributing to a condition of pollution, contamination, or nuisance as that term is defined in California Water Code § 13050.

(7) Fail or refuse to implement any BMPs when directed to do so by the public works director.

(8) In addition to the prohibitions in subsections (1) through (7) above, discharge any of the following into the MS4:

a. Sewage;

b. Wash water resulting from hosing or cleaning, of gas stations, auto repair garages and other types of automobile service station;

c. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing, or similar activities.

d. Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet or upholstery cleaning, pool cleaning and other such mobile commercial or industrial activities;

e. Water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas and similar activities;

f. Runoff from material storage areas or uncovered receptacles that contain chemicals, fuels, grease, oil or other hazardous materials or substances that pose a threat to human health or the environment due to their toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity;

g. Discharges of runoff from washing toxic materials from paved or unpaved areas;

h. Discharges of pool fountain water containing chlorine, biocides or other chemicals; pool filter backwash containing debris or chlorine;

i. Pet waste, yard waste, litter, debris, sediment or similar wastes;

j. Restaurant or food processing facility wastes such as grease, floor mat and trash bin wash water, food waste or similar wastes.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The following discharges shall be conditionally exempt from the definition of illegal discharge, unless the regional water quality control board, state water resources control board, public works director determines the discharge causes or contributes to violations of water quality standards set by the regional water quality control board, Santa Ana region or state water resources control board or the discharge significantly contributes to the pollution of waters of the United States:

(1) Discharges composed entirely of stormwater.

(2) Discharges covered under a separate NPDES permit or written clearances issued by the state water resources control board or the regional water quality control board, Santa Ana region.

(3) Discharges from potable water line flushing or other potable water sources. Line flushing may only occur when proper BMPs are implemented to ensure pollutants of concern do not enter the storm drain.

(4) Discharges associated with air conditioning condensate.

(5) Discharges associated with landscape irrigation, lawn garden watering, and other irrigation waters as long as the landscaping and irrigation complies with chapter 28, article IV.

(6) Discharges from passive foundation drains, only if the source water drained from the foundation is stormwater or uncontaminated ground water.

(7) Discharges from passive footing drains, if the water is uncontained.

(8) Discharges of water from crawl space pumps, if the water is uncontaminated.

(9) Discharges of de-chlorinated water from swimming pools, except that cleaning wastewater and filter backwash shall not be discharged into the MS4.

(10) Discharges from noncommercial vehicle washing, such as residential car washing (excluding engine degreasing) and car washing for fundraisers by a bona-fide 501 nonprofit organization.

(11) Discharges from diverted stream flows.

(12) Discharges associated with rising ground waters and natural springs, if the groundwater is uncontaminated.

(13) Discharges associated with uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater.

(14) Discharges associated with flows from riparian habitats and wetlands.

(15) Discharges associated with emergency fire fighting flows. Flows necessary for the protection of life and property do not require BMPs. However, appropriate BMPs to reduce the discharge of pollutants must be implemented to the maximum extent practicable when they do not interfere with health and safety issues.

If the city or any other federal, state or county governmental entity determines that any of the discharges listed above cause or contribute to violations of water quality standards or are significant contributors of pollutants to waters of the United States or water of the state, the city may adopt regulations prohibiting such discharges from entering the storm drain system, authorize the discharge category and ensure that source control BMPs and treatment control are implemented to reduce or eliminate pollutants from the discharge, or require coverage under a separate permit for discharge into the MS4 authorized by the regional water quality control board, Santa Ana region or state water resources control board.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person shall establish, use or maintain any illicit connection to the storm drain system. This prohibition shall apply retroactively regardless of whether the connection to the storm drain system was permissible under the law or practices applicable at the time of the connection.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person shall, without prior written approval of the public works director:

(1) Construct or modify or cause to be constructed or modified any structure, facility, or items which may interfere with the normal operations of the storm drain system.

(2) Alter the capacity, fall, or structural integrity of a storm drain, storm channel, or any portion of the storm drain system.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

All users of the storm drain system shall implement such BMPs as are necessary to prevent illegal discharges.

All industrial and construction discharges shall establish operating procedures to protect against discharges of pollutants into the storm drain system. The operating procedures shall be available to the public works director if the public works director finds it is necessary.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Any person undertaking any activity or operation in the city that could potentially cause or contribute to stormwater pollution or a discharge of nonstormwater to the city's MS4 shall comply with all applicable best management practices (BMPs) as listed in the current version of the California Stormwater Quality Association's Best Management Practices Handbooks for the relevant activity or the current 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. No. 1980, § 3(Exh. A), 1-13-26)

The public works director shall establish regulations to control and contain spills of hazardous or toxic substances which could pollute the storm drain system if not contained. Each industrial discharger shall install a spill containment system to conform to the requirements established by the public works director. No person shall operate a spill containment system that allows incompatible liquids to mix and create hazardous or toxic substances. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, secondary vessels, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids contained. Spill containment systems shall conform to local regulations and policies as to percent containment and container size and type.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Any person who causes, participates in or has knowledge of a spill of any type of material that may lead to an illegal discharge shall report the spill to the public works director by phone, email or facsimile within 24 hours of the spill.

Within five working days following a spill which results in an illegal discharge, the person responsible for the spill shall submit a written report to the public works director. The report shall describe in detail the type and volume of the material spilled, the cause of the spill, clean-up actions taken, and measures to be taken to prevent future accidental spills.

All industrial, commercial, and construction discharges shall post a notice at their place of business advising their employees to contact the city and applicable federal and state offices in the event of an accidental spill of any type of material that may lead to an illegal discharge.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a) Construction dischargers, including discharges from new development and significant redevelopment. Any person causing or responsible for a construction activity, including a new development or significant redevelopment project, shall do all of the following:

(1) Comply with the CGP and file with the appropriate agency a notice of intent to be covered by that permit, if applicable. This includes development and implementation of a stormwater pollution prevention plan (SWPPP) and erosion and sediment control plan (ESCP).

(2) Provide the building official with a copy of the waste discharge identification number issued as evidence of coverage under the statewide construction general permit, if applicable.

(3) Apply for, obtain and comply with all building, grading and other local permits required for the construction activity.

(4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the building official.

(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants.

(6) Prepare and implement a city approved WQMP or equivalent as required by the city in accordance with this article.

(7) Refrain from violating or causing a violation of the city's NPDES permit.

(8) Penalties. Construction dischargers who fail to comply with the provisions of their NPDES permit or this chapter including, but not limited to, those provisions prohibiting unauthorized discharges; requiring installation and maintenance of BMPs; and/or having, maintaining, and complying with the SWPPP and ESCP may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.

(b) Industrial and commercial dischargers. Any person causing or responsible for commercial and industrial discharge shall do all of the following:

(1) Comply with the IGP and file with the appropriate agency a notice of intent to be covered by that permit, if the discharger operates facilities described in 40 CFR 122.26(b)(14)(i)—(xi). This includes development and implementation of a stormwater pollution prevention plan.

(2) Provide the public works director with a copy of the waste discharge identification number issued as evidence of coverage under the industrial activity stormwater permit, if applicable.

(3) Apply for, obtain and comply with all building, grading and other local permits required for the industrial development.

(4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the building official.

(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants.

(6) Prepare or implement a WQMP or equivalent as required by the city in accordance with this article.

(7) Refrain from violating or causing a violation of the city's NPDES permit.

(8) Penalties. Industrial uses who fail to comply with the provisions of their NPDES permit or this chapter including, but not limited to, those provisions prohibiting unauthorized discharges and illicit connections, operating without an NPDES permit, and/or complying with the SB 205 Business Licenses Stormwater Discharge Compliance Form may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person may engage in construction or industrial activities within the city which create nonstormwater discharges regulated by the EPA, the state water resources control board and/or the regional water quality control board, Santa Ana region and/or this article, unless that person conducts his or her activities pursuant to the rules and regulations set forth in Title 40, Parts 122, 123 and 124 of the Code of Federal Regulations.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person shall engage in any construction or industrial activity, unless such person obtains all permits required by federal, state, county or city regulations and provides evidence to the public works director that he or she has taken measures to control illegal discharges and has obtained all necessary permits.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

No person shall:

(1) Knowingly make any false statement or representations to the public works director.

(2) File any false record report, plan, or other document with the city to avoid compliance with this chapter.

(3) Any person 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. No. 1980, § 3(Exh. A), 1-13-26)

No person shall break, damage, deface, destroy or tamper with monitoring equipment used to ensure compliance with this article. No person shall damage or interfere with the storm drain system. Any person who damages the storm drain system or monitoring equipment shall be liable to the city for all damages, including fines and penalties, and administrative costs related thereto.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

The public works director may order a property or business owner to remove any materials, pollutants or substances on his or her property or business which may lead to an illegal discharge or otherwise cause water quality concerns.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)