Hemet Municipal Code Div. 2 Management and Discharge Regulations and Requirements

(a) General. It is a violation of this article 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, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city. The only exception being 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 article 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, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

(b) Best management practices. Any person, including any commercial or industrial business, engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the municipal storm drain system, or waters of the United States shall implement best management practices to prevent or reduce the discharge of pollutants in the storm drain system consistent with the maximum extent practicable standard, and shall document the effectiveness of such best management practices in reducing the discharge of pollutants to the storm drain system per requirements of the city engineer.

(c) Construction sites. Any person performing construction work in the city shall comply with the provisions of this article, and other city ordinances for erosion and sediment control.

(d) 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 use of green infrastructure and low impact development techniques shall be promoted to control stormwater runoff at the source and more closely approximate pre-development runoff conditions. The city engineer shall identify the BMPs that may be implemented to prevent water quality deterioration and promote low impact development techniques 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.

(f) 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 engineer shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation.

(Ord. No. 1856, § 2, 9-25-12)

It is a violation of this article 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 and applies 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. 1856, § 2, 9-25-12)

The discharges of non-stormwater into the storm drain system are a violation of this article except as specified below:

(1) The discharge prohibition shall not apply to any discharge regulated under a NPDES permit or waiver issued to the discharger and administered by the State of California 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 article when properly managed: water line flushing and other discharges from potable water sources; landscape irrigation and lawn watering; other irrigation water; diverted stream flows; rising ground waters; groundwater infiltration; uncontaminated pumped ground water; passive foundation and footing drains; water from crawl space pumps; air conditioning condensation; natural springs; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; flows from fire fighting; discharges covered by an NPDES permit, waste discharge requirements, or waivers issued by the Regional Board or State Board; waters not otherwise containing wastes as defined in the state Porter-Cologne Water Quality Control Act Section 13050(d); and other types of discharges identified and recommended by the city and approved by the Regional Board.

(Ord. No. 1856, § 2, 9-25-12)

(a) Municipal NPDES permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this article and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City of Hemet 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, or the Santa Ana Regional Water Quality Control Board shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the industrial stormwater general permit, the construction activity stormwater general permit, and the dewatering general permit. Proof of compliance with said NPDES general permits may be required in a form acceptable to the city engineer prior to issuance of any grading, building or occupancy permits.

(Ord. No. 1856, § 2, 9-25-12)

(a) Inspections. The city engineer may inspect the premises of any discharger at reasonable times and in a reasonable manner to carry out the purposes of this article. If a discharger refuses to allow entry for inspection, an inspection warrant shall be obtained prior to inspection.

(b) Scope of inspections. Inspections may include all actions necessary to determine whether any illicit discharge/connection exist, whether the BMPs installed and implemented are adequate to comply with the provisions of this article, whether those BMPs are being properly maintained, and whether the facility, discharger, or activity complies with other requirements of this article. This may include, but may not be limited to, visual inspections, records review, sampling, metering, and monitoring. Records, reports, analyses, or other information required under this article or pursuant to any permit may be inspected and copied, and photographs may be taken to document a condition and/or a violation of this article.

(Ord. No. 1856, § 2, 9-25-12)

Any person in violation of this article is subject to the procedures and penalties set forth in Chapter 1, Section 1-8, Violations of Code, of the Hemet Municipal Code. In addition, to the extent that the city makes any provision of this article or identified BMP a condition of approval to the issuance of a permit, any person in violation of such condition is subject to the permit revocation procedures set forth in the article governing permit issuance.

(Ord. No. 1856, § 2, 9-25-12)

The city engineer is authorized to immediately abate or require the abatement of any violation of this article that constitutes an immediate threat to the health, safety or well-being of the public or the environment. If any such violation is not abated immediately as directed by the city engineer, the city or the city's designated agent is authorized to take any and all measures required to abate the violation, including entering onto private property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its contracting agents to enter upon the premises for the purpose of abating the violation. The cost of any such abatement by city authorized herein shall be borne by the property owner and/or responsible party, which cost shall include administrative costs as well as the actual cost of abatement. The cost shall be invoiced to the landowner and/or responsible party. If the invoice is not paid within 60 days, the city shall have the authority to place a lien upon and against the property. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this article or in the Code.

(Ord. No. 1856, § 2, 9-25-12)