Jurupa Valley Municipal Code Ch. 6.05 Storm Water/Urban Runoff Management and Discharge Controls

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

(1) Reducing pollutants in storm water discharges to the maximum extent practicable;

(2) Regulating illicit connections and discharges to the storm drain system; and

(3) Regulating non-storm water discharges to the storm drain system.

(4) The intent of this chapter is to protect and enhance the water quality of county/city watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with applicable requirements contained in the Santa Ana Region Order No. R8-2010-0033, NPDES No. CAS 618033 regulated by the State of California, California Regional Water Quality Control Board, parented by the Federal Clean Water Act (Title 33 U.S.C. Section 1251 et seq.), Porter-Cologne Water Quality Control Act (Wat. Code Section 13000 et seq.), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith.

(Ord. No. 2012-07, § 1(6.10.010), 6-21-2012)

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

Best management practice (BMP) means any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the City Engineer.

City means the City of Jurupa Valley.

Commercial and industrial facilities means and refers to a facility or facilities that consist of any of the following:

(1) Auto-related. Mechanical repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and equipment, body repair or painting of automobiles and other vehicles, retail or wholesale fueling, automobile parking lots and storage facilities.

(2) Mobile-related activities. Mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing.

(3) Industrial. Industrial facilities as defined within the Federal Clean Water Act, operating and closed municipal landfills, facilities subject to SARA Title III, hazardous waste treatment, disposal, storage and recovery facilities.

(4) Others. Cemeteries, nurseries, greenhouses, golf courses, parks, other recreational areas/facilities, eating and drinking establishments.

Enforcement Official means the City Engineer or his/her designee unless otherwise indicated.

Illicit connection means any physical connection to a storm drain system which has not been permitted by Riverside County, the Riverside County Flood Control and Water Conservation District, City of Jurupa Valley or other appropriate public agency.

Illicit discharge means any discharge to the storm drain system that is not composed entirely of storm water runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.

Municipal NPDES permit means an area-wide NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm water system. Such a permit is commonly referred to as a "MS4 Permit" (referring to "municipal separate storm sewer system").

National pollutant discharge elimination system (NPDES) permit means a storm water discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.

Non-storm water discharge means any discharge to the storm drain system that is not entirely composed of storm water.

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 duties.

Pollutant means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include, but are not limited to, paints, oil and other automotive fluids, soil, sand, dirt, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, other biological materials, radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

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

Regional board means the Santa Ana Regional Water Quality Control Board.

State board means the State Water Resources Control Board.

Storm drain system means any facility within the City of Jurupa Valley by which storm water may be conveyed to waters of the United States. 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.

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

Suspended solids means solid materials or particles that either float on the surface of, or are in suspension in, storm water, wastewater or other liquid.

(Ord. No. 2012-07, § 1(6.10.015), 6-21-2012)

This chapter shall be administered for the city by the City Engineer, or his/her designee.

(Ord. No. 2012-07, § 1(6.10.020), 6-21-2012)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act, Porter-Cologne Water Quality Control Act (Wat. Code Section 13000 et seq.) and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof.

(Ord. No. 2012-07, § 1(6.10.025), 6-21-2012)

A. Pollutants generally.

(1) 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, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

(2) 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, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

B. Construction.

(1) Any person performing construction work in the city shall comply with the provisions of this chapter, and shall control storm water runoff so as to prevent any likelihood of adversely affecting human health or the environment. City Engineer shall identify the BMPs that may be implemented to prevent such deterioration and shall identify the manner of implementation. Documentation on the effectiveness of BMPs implemented to reduce the discharge of pollutants to the MS4 shall be required when requested by the City Engineer.

(2) Any person performing construction work in the city shall be regulated by the State Water Resources Control Board in a manner pursuant to and consistent with applicable requirements contained in the General Permit No. CAS000002, State Water Resources Control Board Order Number 2009-0009-DWQ. The city may notify the State Board of any person performing construction work that has a non-compliant construction site per the General Permit.

C. New development and redevelopment. New development or redevelopment projects shall control storm water 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. Documentation on the effectiveness of BMPs implemented to reduce the discharge of pollutants to the MS4 shall be required when requested by the City Engineer. The BMPs may include, but are not limited to, the following and 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:

(a) Incorporating landscaping, green roofs and open space into the project design;

(b) Using porous materials for or near driveways, drive aisles, parking stalls and low volume roads and walkways; and

(c) 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, rain gardens, pervious pavement or other approved green infrastructure and French drains by:

(a) Installing rain-gutters oriented towards permeable areas;

(b) Modifying the grade of the property to divert flow to permeable areas and minimize the amount of storm water runoff leaving the property; and

(c) Designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas.

(3) Maximize storm water storage for reuse by using retention structures, subsurface areas, cisterns, or other structures to store storm water runoff for reuse or slow release.

(4) Rain gardens may be proposed in-lieu of a water quality basin when applicable and approved by the City Engineer.

D. Existing development. Existing development shall control storm water runoff so as to prevent any deterioration of water quality that would impair subsequent or competing use 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.

E. Commercial and industrial facilities. Any person or entity that owns or operates a commercial and/or industrial facility(s) 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, any NPDES permit issued by the State Water Resource Control Board, Santa Ana Regional Water Quality Control Board, Porter-Cologne Water Quality Control Act (Wat. Code Section 13000 et seq.), Title 33 U.S.C. Section 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. 2012-07, § 1(6.10.030), 6-21-2012)

The discharge of non-storm water into the storm drain system is a violation of this chapter except as specified below.

(1) The discharge prohibition shall not apply to any discharge regulated under an NDPES 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 chapter when properly managed:

(a) Discharges composed entirely of storm water;

(b) Air conditioning condensate;

(c) Irrigation water from agricultural sources;

(d) Discharges covered by a NPDES Permit, WDRs, or waivers issued by the Regional Board or State Board;

(e) Discharges from landscape irrigation, lawn/garden watering and other irrigation waters. These shall be minimized through public education and water conservation efforts;

(f) Passive foundation drains;

(g) Passive footing drains;

(h) Water from crawl space pumps;

(i) Non-commercial vehicle washing (e.g. residential car washing (excluding engine degreasing) and car washing fundraisers by nonprofit organization);

(j) Dechlorinated swimming pool discharges (cleaning wastewater and filter backwash shall not be discharged into the MS4 or to waters of the U.S.);

(k) Diverted stream flows;

(l) Rising ground waters and natural springs;

(m) Uncontaminated ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated pumped groundwater (as defined in Appendix 4, Glossary);

(n) Flows from riparian habitats and wetlands;

(o) Emergency firefighting flows (i.e., flows necessary for the protection of life and property do not require BMPs and need not be prohibited. However, appropriate BMPs to reduce the discharge of pollutants to the MEP must be implemented when they do not interfere with health and safety issues;

(p) Waters not otherwise containing Wastes as defined in California Water Code Section 13050(d); and

(q) Other types of discharges identified and recommended by the Permittees and approved by the Regional Board.

(Ord. No. 2012-07, § 1(6.10.035), 6-21-2012)

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 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. 2012-07, § 1(6.10.040), 6-21-2012)

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 chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) 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 shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the Industrial Storm Water General Permit, the Construction Activity Storm Water General Permit, and the Dewatering General Permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any city grading, building, or occupancy permits.

(Ord. No. 2012-07, § 1(6.10.045), 6-21-2012)

A. The City Engineer, or his/her designee, or an inspector, code enforcement officer or peace officer employed or retained by the city may enter free of charge, 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, Porter-Cologne Water Quality Control Act (Wat. Code Section 13000 et seq.), Title 33 U.S.C. Section 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, and gather evidence (pictures, videos, samples documents, etc.).

B. The City Engineer, or his/her designee, or an inspector, code enforcement officer or peace officer employed or retained by the city may enter free of charge, at any time, any place of business for which a business license is required by this chapter and inspect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by Porter-Cologne Water Quality Control Act (Wat. Code Section 13000 et seq.), Title 33 U.S.C. Section 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, and gather evidence (pictures, videos, samples documents, etc.). Failure to maintain the business premises, grounds, facilities and structures located therein in compliance with water quality requirements is a violation of this chapter. The city may initiate enforcement actions against business license holders whose business premises are found upon inspection to be in violation of water quality requirements. The business license holder shall be liable to the city for an additional license inspection and enforcement fee based on the hourly rates as may be adopted by resolution of the City Council.

C. The City Council may establish such fees by resolution for the recover the cost of inspection, sampling, metering, monitoring and other actions of the City Engineer as required by this chapter.

(Ord. No. 2012-07, § 1(6.10.050), 6-21-2012)

A. Any person in violation of this chapter is subject to the procedures, penalties and enforcement remedies set forth in Title 1 of the Jurupa Valley Municipal Code and this section. In addition, to the extent that the city makes any provision of this chapter 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 and/or suspension procedures set forth in the provisions governing permit issuance.

B. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties. These remedies are non-exclusive and are in addition to any other enforcement powers available under this Code or applicable law.

(1) Administrative violations. The Enforcement Official can exercise any code enforcement powers and procedures as provided in Title 1 of this Code. In addition to the general enforcement powers and procedures of this Code, an Enforcement Official may utilize the following administrative remedies as may be necessary or desirable to enforce this chapter:

(a) Cease and desist orders. When the Enforcement Official finds that a discharge has taken place or is likely to take place in violation of this chapter or any NPDES permit, the Enforcement Official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall:

(i) Comply with the applicable provisions and policies of this chapter or any NPDES Permit;

(ii) Comply with a time schedule for compliance; and

(iii) Take appropriate remedial or preventive action to prevent the violation from recurring.

(b) Notice of non-compliance. Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the City's Storm Water Conveyance System or a non-storm water discharge into the City's Storm Water Conveyance System, the Enforcement Official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice.

(c) Stop work orders. Whenever any work is being done contrary to the provisions of this chapter, the Enforcement Official may order the work stopped by giving written notice to any person engaged in performing or causing such work to be done, and any such person shall immediately stop such work until authorized by the Enforcement Official to proceed with the work.

(d) Permit or license suspension, denial or revocation. Violations of this chapter may be grounds for permit or license suspension or revocation.

(e) Injunction/abatement of public nuisance. Whenever a discharge into the Storm Water Conveyance System occurs in violation of the provisions of this chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also cause the city to seek a petition to in a court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate to restraining the continuance of the discharge.

(2) Civil violations. Any person who violates any of the provisions of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a SWPPP or WQMP as directed by the Enforcement Official, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) or such other amount as may be set by resolution of the City Council for each day that such a violation exists. Moreover, the violator may be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation, for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.

(3) Collection of funds. The Enforcement Official may take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to recover said funds. If collected as a lien, the Enforcement Official shall cause a notice of lien to be filed with the County Recorder, inform the County Auditor and County Recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Enforcement Official shall file a release of lien with the County Recorder.

(4) Additional enforcement; penalties, remedies.

(a) As a part of any sentence or other penalty imposed or the award of any damage, the Court or Hearing Officer, as the case may be, may also order that restitution be paid to the city or any injured person by any person violating this chapter, 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.

(b) Any person violating the provisions of this chapter shall reimburse the city of any and all costs incurred in responding to, investigation, assessing, monitoring, treating, removing, or remediating any pollutant to the Storm Drain System; rectifying any illegal connection; or remediating any violation of the chapter. Such costs to be paid to the city include all inspections, administrative expenses and all legal expenses, including costs and attorney's fees. The costs to be recovered shall be recoverable from any and all persons creating, causing or committing or maintaining the violation of the chapter, or participating, in the same.

(c) In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or City Engineer, Chief Building Official, or any authorized agent thereof, may, in accordance with applicable law, 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 significant and immediate threat to the public health or safety, or the environment.

(d) 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 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 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 Government Code Section 38773.5.

(e) 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 (Wat. Code Section 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.

(f) 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 restoration or remediation of the environment.

(g) The city may utilize any and all other remedies as otherwise provided by law.

(Ord. No. 2012-07, § 1(6.10.055), 6-21-2012)