Mission Viejo Municipal Code Div. 2 Illicit Connections and Prohibited Discharges

(a) No person shall:

(1) Construct, maintain, operate and/or utilize any illicit connection.

(2) Cause, allow or facilitate any prohibited discharge.

(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.

(b) The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:

(1) For all structural improvements to property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption of this chapter.

(2) For all nonstructural improvements to property existing for the purpose of discharge to the stormwater conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.

(c) A civil or administrative violation of subsection (a) shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(d) If an authorized inspector reasonably determines that a discharge which is otherwise within the discharge exception may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period any such discharge shall constitute a violation of subsection (a).

(e) The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in subsections 6.65.505(f) through (j). A reasonable extension of use may be authorized by the director upon consideration of the following factors:

(1) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;

(2) The economic investment of the discharger in the legal nonconforming connection; and

(3) The financial effect upon the discharger of a termination of the legal nonconforming connection.

(f) Liability for any illicit connection or prohibited 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 from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge.

(Ord. No. 10-285, § 1, 12-6-10)