Highland Municipal Code Art. II General Conditions And Prohibitions

Except as otherwise provided in this chapter, the city engineer for the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city engineer may be delegated by the city engineer to persons acting in the beneficial interest of or in the employ of the city.

(Ord. 163 § 2, 1993)

Unless otherwise provided in this chapter, any notice required to be given by the city engineer under this chapter shall be in writing and served in person or by first class or 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. 163 § 2, 1993)

A. The discharge or diversion 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 an NPDES permit and/or an NOI, and the discharge conforms to the standards of HMC § 13.04.100.

B. It is prohibited to establish, use, maintain, and/or continue any illicit connections 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.

C. Permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:

1. Dedicated easements, rights-of-way, or public places and/or facilities;

2. Private property so as it may directly or indirectly discharge into the storm drain system. Indirect discharges include, but are not necessarily limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.

(Ord. 163 § 2, 1993)

Without prior written approval of the city engineer, 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 structures.

(Ord. 163 § 2, 1993)

It is prohibited to:

A. Discharge directly or indirectly into the city storm drain system any nonstormwater or other solid, liquid or gaseous matter in violation of any law, rule, regulations, permit, order or other requirement of any federal, state, county, municipal or other governmental entity or agency.

B. Discharge nonstormwater directly or indirectly to the storm drain system or any street, lined or unlined drainage ditch which leads to a public storm drain unless such discharge is permitted by an NPDES permit or a city permit. If such discharge is permitted by a NPDES permit, but causes the city to violate any portion of its NPDES permit for stormwater discharges, such discharge is also prohibited.

C. Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained, in or upon any basin, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot in the city, any refuse, rubbish, garbage or other discarded or abandoned objects, articles, accumulations, or any substance that pollutes, or may pollute stormwater.

D. Throw or deposit litter in any publicly owned, maintained or operated body of water within the city.

(Ord. 163 § 2, 1993)

The following discharges are exempt from the prohibited discharges listed in HMC § 13.04.090:

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 neutralized prior to contacting receiving waters;

B. Landscape irrigation, lawn watering and irrigation water;

C. Diverted stream flows, rising groundwater, infiltration of separate drains, springs, 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; and

F. Flows from fire fighting.

(Ord. 163 § 2, 1993)

A. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any NPDES stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Quality Control Board, Santa Ana Region, shall provide NOI, comply with and undertake all other activities required by any NPDES stormwater permit applicable to such discharges.

B. Each discharger identified in an individual NPDES permit or discharge order relating to stormwater discharges shall comply with and undertake all activities by such permit or order.

(Ord. 163 § 2, 1993)

Any person undertaking any activity or operation that causes or contributes to illegal discharges or stormwater pollution shall comply with this chapter and all applicable BMPs.

(Ord. 163 § 2, 1993)

A. Spill containment systems, as may be required, shall conform to requirements established by the city engineer. No person shall operate a spill containment system that allows incompatible liquid to mix thereby creating hazardous or toxic substances in the event of failure of one or more containers.

B. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers.

C. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained.

D. 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 by the city engineer, 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 not discharged to the public sewer, the storm drain system or the ground.

(Ord. 163 § 2, 1993)

A. Protection of the storm drain system from the accidental discharge of prohibited material is the responsibility of the person or persons in charge of the facility where such discharges may occur. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city engineer prior to any construction.

B. All plans shall include provisions for the immediate notification to the city of accidental discharges which may enter the city storm drain system. All existing users shall complete such a plan.

C. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(Ord. 163 § 2, 1993)

A. A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the emergency notification procedures.

B. In the event of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the applicable local, federal and state offices.

C. Within five working days following an accidental discharge to the storm drain system the person or persons in charge of the facility where the accidental discharge occurred shall submit a written report to the city engineer. 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 occurrences.

D. Such notification shall not relieve the user of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws.

(Ord. 163 § 2, 1993)