Montclair Municipal Code Art. II General Provisions

Except as otherwise provided in this chapter, the City Engineer 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. 99-791 Exh. A (part); prior code § 6-9.301)

Unless otherwise provided in this chapter, any notice required to be given by the City under this chapter shall be in writing and served in person or by first class, 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. 99-791 Exh. A (part); prior code § 6-9.302)

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 that may alter the normal functioning of the City storm drain system, including actions that may alter the capacity, fall, or structural integrity of a storm drain, channel, or related structure.

(Ord. 99-791 Exh. A (part); prior code § 6-9.303)

A. Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the City Engineer and in accordance with applicable federal, state, regional board, and San Bernardino County standards. Persons storing any other materials or equipment that are potential sources of stormwater pollution are also required to install spill containment.

B. No person shall operate a spill-containment system that could allow incompatible materials and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers.

C. Spill-containment systems shall consist of a system of dikes, walls, barriers, berms, and/or other devices. Structural best management practices shall be designed to contain spillage from containers and to minimize the buildup of stormwater from precipitation and runoff from roofs and outside areas. Spill-containment systems shall also be constructed of impermeable and nonreactive materials to the materials and/or wastes being contained.

D. Any spill-containment system shall have the entire contained area covered with an approved solid roof structure to prevent rainwater from entering the containment area.

E. Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill-containment system in as timely a manner as is necessary to prevent the overflow of the spill-containment system.

F. Unless otherwise approved by the City Engineer, all chemicals or wastes discharged within the spill-containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws and shall not be discharged into the City's sanitary sewer system, the City storm drain system, or onto the ground.

(Ord. 99-791 Exh. A (part); prior code § 6-9.304)

(Ord. No. 10-915, § 1, 8-2-10)

Any person undertaking any activity or operation in the City that could potentially cause or contribute to stormwater pollution or a discharge to stormwater to the City storm drain system shall implement best management practices (BMPs) as listed in the current California Storm Water Quality Association Handbooks to reduce pollutants in stormwater runoff and reduce nonstormwater discharges to the City storm drain system to the maximum extent practicable or to the extent required by law.

(Ord. 99-791 Exh. A (part); prior code § 6-9.305)

(Ord. No. 10-915, § 1, 8-2-10)

The City may require an owner of land to install drainage facilities for the removal of surface and storm waters. In lieu of construction of these facilities, the City may require the payment of a fee for the purposes of defraying the actual or estimated costs of the City's constructing such drainage facilities if:

A. A drainage plan is approved by the City for a particular drainage area and contains an estimate of the total cost of constructing the local drainage facilities required by the plan and a map of the drainage area showing its boundaries and the location of the planned drainage facilities is on file;

B. The requirement of such drainage facilities is based upon findings by the City Council that a new subdivision and/or any proposed development of property within the planned local drainage area will require the construction of the facilities described in the drainage plan;

C. The fees are fairly apportioned within the local drainage area, either on the basis of benefits conferred on property proposed for subdivision or development or on the need for local drainage facilities created by the proposed subdivision or development upon other property within the local drainage area;

D. The fee on any property proposed for subdivision or development within a local drainage area does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the local drainage area; and

E. The drainage facilities planned are in addition to existing local drainage facilities serving the area.

(Ord. 99-791 Exh. A (part); prior code § 6-9.306)

The fees required by Section 9.24.080 of this chapter shall be paid into a Planned Local Drainage Facilities Fund. A separate fund shall be established for each local drainage area. Moneys in such separate funds shall be expended solely for the construction of local drainage facilities within the planned local drainage area from which the fees comprising such funds were collected or to reimburse the City for the cost of engineering and administrative services to form the assessment district.

(Ord. 99-791 Exh. A (part); prior code § 6-9.307)