§ 6-6

This chapter is enacted pursuant to authority conferred by an Areawide Urban Stormwater Run-Off Permit [NPDES Permit No. CAS618036, Order No. R8-2002-0012] issued by the California Regional Water Quality Control Board Santa Ana Region pursuant to § 402(p) of the Clean Water Act. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) The purpose of this chapter is to ensure the health, safety and general welfare of the residents of the City of Ontario by prescribing regulations to effectively prohibit non-stormwater discharges into the City's stormwater drainage system and to specifically achieve the following objectives: (1) Control discharges from spills, dumping or disposal of materials other than stormwater; (2) Reduce the discharge of pollutants in all stormwater discharges to the maximum extent practicable; (3) Protect and enhance the water quality of local, State and Federal watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act. (§ 2, Ord. 2755, eff. April 4, 2002)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (a) “Adjustment” means a determination that the volumetric amount of stormwater which enters the stormwater drainage system from a premise is deemed to be a defined mount substantially different from the average stormwater drainage. (b) “Area-wide urban stormwater runoff permit” means the current, regional NPDES permit issued by the California Regional Water Quality Control Board, Santa Ana Region, to the San Bernardino County Flood Control

District, San Bernardino County and sixteen (16) incorporated cities discharging stormwater into the Upper Santa Ana River Basin for the regulation of stormwater discharges from municipal separate storm sewer systems. (c) “Average stormwater drainage” means the average amount of stormwater drainage which enters the stormwater drainage system from a premise, based on runoff factors established by the San Bernardino County Flood Control District. (d) “Basic assessment unit (BAU)” means the proportionate runoff from the average single-family parcel. The average single-family residential parcel has an area of 0.1666 acres (7,200 square feet) and a runoff factor of 0.695. The level of runoff from this type of property is referred to as a Basic Assessment Unit and is used to establish user class equivalency. (e) “BMP” means any Best Management Practice, Best Management Guideline, or Best Management Requirement as adopted by any Federal, State, regional or local agency to prevent or reduce the pollution of Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control: plant site runoff, spillage or leaks; sludge or waste storage and disposal; or drainage from raw material or chemical storage. (f) “City” or “the City” means to the City of Ontario, California. (g) “City engineer” means the City Engineer for the City of Ontario, or the Engineer's designee. (h) “Construction activity” means any activity used in the process of developing, redeveloping, enhancing, or maintaining land, including but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials. (i) “Contamination” means the same as defined in the Porter-Cologne Water Quality Control Act; “contamination” is an impairment of the quality of waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste whether or not waters of the state are affected. (j) “Compliance schedule” means the time period allowed by the City for a discharger to achieve compliance with the City's stormwater regulations. The “compliance schedule”shall contain specific dates by which adequate treatment facilities, devices, or other related equipment and/or procedures must be installed or implemented. (k) “Developed parcel” means any lot or parcel of land altered from its natural state by the construction, creation, and addition of impervious area, except public streets or highways. (l) “Developer” means a person, firm, corporation, partnership, or association who proposes to develop, develops, or causes to be developed real property for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not developers. (m) “Dewatering” means the removal and disposal of surface water or groundwater for purposes of preparing a site for construction. (n) “Discharge” means any release, spill, leak, flow or escape of any liquid including sewage, wastewater or stormwater, semi-solid or solid substance onto the land or into the City's stormwater drainage system. (o) “Discharger” means any person, property owner or occupant of a unit, building, premise or lot in the City who discharges or causes to be discharged any of the substances listed in division (n) of this section, directly or indirectly, into the City's stormwater drainage system. (p) “EPA” means the Environmental Protection Agency of the United States of America. (q) “General permit for stormwater discharges from construction activity” means astatewide General NPDES Permit that regulates all stormwater discharges associated with construction projects that disturb five (5) acres or more of land or which result in the disturbance of less than five (5) acres, but which are part of a larger common plan of development or sale. (r) “General permit for stormwater discharges from industrial activities” means a statewide General NPDES Permit that regulates stormwater discharges associated with industrial activities that are listed in 40 CFR 122.26 (b) (14).

(s) “Hearing officer” means the City's Engineer or his or her designee, who presides, at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein. (t) “Illegal discharge” means any discharge (or seepage) into the City's stormwater drainage system that is not composed entirely of stormwater except for the authorized discharges listed in § 6-6.207 of this chapter. Illegal discharges include the improper disposal of wastes into the stormwater drainage system. (u) “Illicit connection” means either of the following: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater drainage system including but not limited to any conveyance which allows non-stormwater discharges including sewage, process wastewater and wash water to enter the stormwater drainage system and any connections to the stormwater drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or (2) Any drain or conveyance connected to the stormwater drainage system, that is not permitted pursuant to a valid NPDES Permit or which has not been documented in plans, maps or equivalent records approved by the City. (v) “Maximum extent practicable (MEP)” means the maximum level of pollutant reductions or stormwater runoff reductions that must be achieved by treatment, infiltration or a combination of treatment, infiltration and Best Management Practices, taking into account equitable considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal and technical feasibility, public health risks, societal concern, and social benefits, to effectively limit the discharge of pollutants or stormwater runoff into the City's stormwater drainage system. (w) “National pollutant discharge elimination system (NPDES)” means the EPA's national program under the Clean Water Act to eliminate discharges of pollution into waters of the United States. (x) “New development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. (y) “NPDES permit” means any permit issued pursuant to the Federal Clean Water Act. (z) “Non-structural BMPs” means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. (aa) “Notice of intent (NOI)” means a form provided by the State Water Resources Control Board that is required to be completed and submitted in order to obtain coverage under one of the State's NPDES General Stormwater Permits prior to the start of certain business activities or construction activities. (ab) “Non-stormwater” means any water discharging to the City's stormwater drainage system that does not originate from precipitation events. (ac) “Nuisance” means any condition described by all of the following: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (3) Occurs during, or as a result of, the treatment or disposal of wastes. (ad) “Permit” means any permit issued by the City. (ae) “Permittee” means the San Bernardino County Flood Control District; San Bernardino County; and each of the sixteen (16) cities in San Bernardino County discharging stormwater drainage into the Upper Santa Ana River Basin and regulated by the Areawide Urban Stormwater Run-Off Permit. (af) “Person” means any individual, partnership, committee, entity, association, corporation, public agency, and any other organization, or group of persons public or private; the masculine genders shall include the feminine, the

singular shall include the plural where indicated by the context. (ag) “pH” means the measure of the hydrogen ion concentration of water and the standard by which the acidity or alkalinity of a water sample is determined. (ah) “Pollutant” means, but is not limited to, any liquid, solid or semi-solid substances or combination thereof, which causes a nuisance or contributes to a condition of contamination or pollution of the City's stormwater runoff, stormwater drainage system or the impairment or degradation of waters of the state, including but not limited to the following: (1) Floatable materials (such as floatable plastics or wood products, and metal shavings, or materials forming films, foam or scum); (2) Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids); (3) Metals and non-metals, including compounds of metals and non-metals; (4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); (5) Domestic sewage from sewer line overflows, septic tanks, porta-potties, boats and recreational vehicles; (6) Animal wastes (such as wastes from confinement facilities, kennels, pens, stables, and show facilities); (7) Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor; (8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; (9) Materials containing base/neutral or acid extractable organic compounds; (10) Waste materials and wastewater generated on construction sites from construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing; (11) Those pollutants defined in § 1362 (6) of the Federal Clean Water Act; and (12) Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the State or EPA to adversely affect the beneficial uses of waters of the State. (ai) “Redevelopment” means the creation or addition of impervious surfaces or the making of improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. (aj) “Sewage” means the wastewater of the community derived from residential, agricultural, commercial, or industrial sources, including domestic sewage, and industrial wastewater. (ak) “SIC (Standard Industrial Classification)” means the statistical classification standard underlying all establishment-based Federal economic statistics classified by industry. The Standard is published in the SIC Manual, 1987, Office of Management and Budget. (al) “Stormwater” means rain water, snowmelt runoff, and associated surface runoff and drainage. (am) “Stormwater drainage system” means all of the property involved in the operation of the stormwater drainage collection and disposal system for the City, including, but not limited to, conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment which is tributary to the regional stormwater runoff system. (an) “Stormwater pollution prevention plan (SWPPP)” means the plan as described in the General Construction Activity Stormwater Permit as issued by the State Water Resources Control Board on August 19, 1999, and as may be amended, or the General Industrial Activities Stormwater Permit as issued on April 17, 1997, and as may be amended,

which specifies BMPs that will prevent pollutants from contacting stormwater and all products of erosion from moving off site into receiving waters. (ao) “Stormwater quality management plan (SWQMP)” means a plan required of new development/redevelopment projects, outlining appropriate non-structural and structural BMPs, including stormwater infiltration and treatment devices that will be implemented and installed to prevent pollutants from being discharged into the City's stormwater drainage system, during and after construction. (ap) “Structural BMPs” means any structural facility designed and constructed to remove pollutants from stormwater runoff or prevent pollutants from contacting stormwater. Examples are canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales, and sand and oil interceptors. (aq) “Violation” means a breach of any provision of this chapter. (ar) “Waters of the State” means any surface water or groundwater, including saline waters, within the boundaries of the State. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 2. General Conditions and Prohibitions

The City Engineer shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the City Engineer, may be delegated by the City Engineer to persons authorized by the Engineer and in the employ of the City of Ontario. (§ 2, Ord. 2755, eff. April 4, 2002)

This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the City's stormwater drainage system, and to dischargers outside the City who, by agreement with the City, utilize the City's stormwater drainage system. (§ 2, Ord. 2755, eff. April 4, 2002)

Unless otherwise provided herein, any notice required by this chapter shall be in writing and served in person, by first class, registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the United States Postal Service. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) The discharge or diversion of stormwater or non-stormwater is permissible when the connection to the City's stormwater drainage system is made in accordance with a valid construction permit, approved construction plan, and, if applicable, an NPDES Stormwater Permit and the discharge is not prohibited under § 6-6.206 of this chapter. (b) It is prohibited to establish, use maintain and/or continue any illicit drainage connections to the City's stormwater drainage system. This prohibition is retroactive and applies to connections made in the past, regardless of

whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. (c) Construction 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 place and/or facility. (2) Private property so as it may directly or indirectly discharge into the City's stormwater drainage system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow. (§ 2, Ord. 2755, eff. April 4, 2002)

Without the prior written approval of the City's Engineer, no person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the City's stormwater drainage system, including any action which may alter the capacity, fall, or structural integrity of a storm drain, channel or related structures. (§ 2, Ord. 2755, eff. April 4, 2002)

It is prohibited to: (a) Discharge non-stormwater directly or indirectly to the City's stormwater drainage system, or any street, lined or unlined drainage channel which leads to the City's storm drain or directly or indirectly into any waters of the State unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in § 6-6.207 of this chapter, if such discharge is permitted by a NPDES permit or is generally exempted, but causes the City to violate any portion of its NPDES permits for stormwater discharges, such discharge is also prohibited; (b) Discharge stormwater into the City's stormwater drainage system containing pollutants that have not been reduced to the maximum extent practicable; (c) Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, garbage, sediment or other discarded or abandoned objects, articles, and accumulations, 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 lot of land in the City, so that the same may be and/or may become a pollutant. (d) Throw or deposit any refuse, garbage or any other pollutants into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City. (e) Discharge any of the following types of waste into the City's stormwater drainage system: (1) Sewage; (2) Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations, and vehicle service businesses or any other business; (3) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.; (4) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning, etc.; (5) Waste water from cleaning municipal, industrial, commercial, residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping, etc.;

(6) Stormwater runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment; (7) Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine; (8) Pet waste, yard waste, debris, sediment, etc.; (9) Restaurant wastes such as grease, mop water, and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.; (10) Chemicals or chemical waste; (11) Medical wastes; (12) Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems; (13) Materials or chemical substances that cause damage to the City's stormwater drainage system; (14) Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the City's storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) The following discharges of non-stormwater into the City's storm drainage system are generally exempt from the Prohibited Discharges listed in § 6-6.206 of this chapter. However, items 12 through 22, below, have been identified as potential significant sources of pollutants and require coverage under the Regional Board's De Minimus Permit as well as prior approval by the City's Engineering Department, Environmental Section, before discharge (see *note below): (1) Discharges covered by NPDES permits or written clearances issued by the Regional or State Board; (2) Landscape irrigation, lawn watering, and irrigation water; (3) Water from crawl space pumps; (4) Air conditioning condensation; (5) Non-commercial car washing; (6) Rising ground waters and natural springs; (7) Ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated pumped ground water; (8) Water flows from riparian habitats and wetlands; (9) Water flows generated from emergency response and/or fire fighting activities, however, appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency fire fighting flow; (10) Waters not otherwise containing wastes as defined in Cal. Water Code § 13050(d), (11) Other types of discharges identified and recommended by the City and approved by the Regional Water Quality Control Board. (12) *Potable water line testing or flushing and other discharges from potable water sources; (13) *Water from fire hydrant testing and flushing using appropriate BMPs; (14) *Water from passive foundation drains or passive footing drains; (15) *Dechlorinated swimming pool discharges; (16) *Diverted stream flow;

(17) *Wastes associated with well installation, development, test pumping and purging; (18) *Aquifer testing wastes; (19) *Discharges from hydrostatic testing of vessels, pipelines, tanks, etc.; (20) *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.; (21) *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; (22) *Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; *Note: The City of Ontario requires that a “Non-Stormwater Discharge Notification Form be submitted to the Engineering Department for approval of these discharges, five days prior to any planned discharges or, as soon as possible, for any unplanned discharges. The Notification Form is available from the Engineering Department counter. Monitoring may also be required for these discharges. The Regional Board may issue Waste Discharge Requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer of the Board may also add categories of non-stormwater discharges that are not significant sources of pollutants or remove categories of non-stormwater discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges, above, would be adjusted accordingly. (§ 2, Ord. 2755, eff. April 4, 2002)

Any person undertaking any activity or operation in the City of Ontario that could potentially cause or contribute to stormwater pollution or a discharge of non-stormwater shall comply with all applicable Best Management Practices (BMPs) as listed in the California Stormwater Best Management Practice Handbooks or the current, San Bernardino County Stormwater Program's “Report of Waste Discharge”, to reduce pollutants in stormwater runoff and reduce non-stormwater discharges to the City's stormwater drainage system to the maximum extent practicable or to the extent required by law. (§ 2, Ord. 2755, eff. April 4, 2002)

A discharger shall have an affirmative defense in any action brought against it alleging a violation of § 6-6.206 of this chapter where the discharger can demonstrate it did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause violation of this chapter or the Areawide Urban Stormwater Runoff Permit. (§ 2, Ord. 2755, eff. April 4, 2002)

Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the City Engineer and Federal, State and County Standards. Persons storing any other materials or equipment that are potential sources of stormwater pollution are also required to install spill containment. 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. Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of stormwater from precipitation, and run-on from roof drainage and outside areas. If the spill containment system does not have a

roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24) hour, twenty-five (25) year rainfall event plus ten percent (10%) of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non-reactive materials to the materials and/or wastes being contained. 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. 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, stormwater drainage system or onto the ground. (§ 2, Ord. 2755, eff. April 4, 2002)

Protection of the City's stormwater drainage system from the accidental discharge of prohibited materials or wastes is the responsibility of the person or persons in charge of such material. 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. All new and existing dischargers shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify his or her facility as necessary to meet the requirements of this chapter. 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. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the proper authorities. All discharges released into the City's stormwater drainage system, including a street or gutter, shall be immediately reported to the City's Engineering Department and Fire Department. All discharges that pose a threat to human health or the environment shall be reported to the Executive Officer of the California Regional Water Quality Control Board within twenty-four (24) hours by telephone or e-mail and followed with a written report of the spill event within five (5) days. At a minimum, all sewage spills over one thousand (1,000) gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within twenty-four (24) hours. (§ 2, Ord. 2755, eff. April 4, 2002)

Within five (5) working days following an accidental discharge into the City's stormwater drainage system, the person or persons in charge of the material and/or waste which was accidentally discharged shall submit a written report to the City Engineer. The report shall describe in detail the type and volume of the material and/or waste and the cause of the discharge. The report shall also describe in detail all corrective actions taken and measures to be taken to prevent future occurrences. Such notification of the accidental discharge shall not relieve the user of any fines or civil penalties incurred as a result of the event or any other liability which may be imposed by this chapter or other applicable laws. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) The City Engineer or his or her designated representative shall be authorized, at any reasonable time, to enter the premises of any discharger to the City's stormwater drainage system to determine compliance with the provisions of this chapter, and to: (1) Conduct inspection, monitoring, and/or other authorized duties to enforce the provisions of this chapter; (2) Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information; and (3) Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. (b) The City Engineer or his or her designated representative shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the City Engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises. (c) If the City Engineer has reasonable cause to believe that non-stormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the City Engineer shall have the right to immediately enter and inspect said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. (d) Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, the City Engineer or his or her designated representative(s) shall be permitted to enter the premises without delay, for the purpose of performing their authorized duties. For facilities, which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the City so that the inspection is not impaired. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 3. Residential Requirements

In addition to the General Prohibitions in § 6-6.206 of this chapter, it is prohibited to discharge any of the following to any street, gutter, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same may be and/or may become a pollutant: (a) Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch, and pesticides; (b) Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents or slurry from saw cutting concrete or asphalt and other construction waste; (c) Domestic sewage including wastewater from sinks, washing machines, dishwashers, toilets, campers, motorhomes or trailers; (d) Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater; (e) Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning washwater or rinsewater and any other vehicular fluids; (f) Water softener brine waste, or any other waste water from other household water treatment systems;

(g) Waste water from draining swimming pools, ponds or fountains which contain chlorine biocides, acids or other chemicals, pool filter backwash containing debris and chlorine; (h) Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same; (i) Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the City's storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board. (§ 2, Ord. 2755, eff. April 4, 2002)

The property owner(s) of a lot or parcel from which an illegal discharge originates shall be ultimately responsible for all abatement and cleanup costs associated with the discharge, at his own expense, if the responsible party cannot be located. Likewise, if the tenant of a multi-family residential unit has discharged a prohibited material or waste into the City's storm drainage system or has caused the contamination of stormwater runoff from the property by his activities and the City Engineer cannot determine the responsible party or residential unit responsible, the owner of the property from which the discharge originated, shall be responsible for the cleanup and abatement costs to mitigate the condition. Additionally, a property owner will be responsible for all cleanup costs and damages to the City's storm drainage system from a contractor's activities, if the contractor was hired by the owner and cannot be located. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) All private residential storm drainage inlets, underdrains and gutters shall be inspected annually and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions: (1) The sediment/debris storage volume is twenty-five percent (25%) or more full; (2) There is evidence of illegal discharge; (3) Accumulated sediment or debris impairs the hydraulic function of the facility. (b) Private streets shall also be swept and maintained as needed to prevent sediment, gardening waste, trash, litter and other contaminants from entering the City's storm drainage system. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 4. Industrial and Commercial Requirements

All non-stormwater discharges associated with industrial and commercial activities that discharge into the City's stormwater drainage system are prohibited except as permitted by an individual user's NPDES Stormwater Permit or § 6-6.207 of this chapter. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) All businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(i)-(xi) are required to obtain coverage under the State's General Permit for Discharges of Stormwater Associated with Industrial Activities, at least

fourteen (14) days prior to the startup of business activities. All listed businesses are required to submit a completed Notice of Intent (NOI) form, site map and application fee to the State Water Resources Control Board (SWRCB). The SWRCB also requires the listed businesses to prepare a Stormwater Pollution Prevention Plan (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOI form are available from the City's Engineering Department, Environmental Section. (b) The City of Ontario requires that all businesses that have filed an NOI for coverage under the State's General Permit and have received a Waste Discharge Identification Number (WDID) from the State Water Resources Control Board, either mail, FAX or hand deliver a copy of the WDID letter from the State to the Engineering Department, Environmental Section as proof of filing. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a “NOTICE OF NON-APPLICABILITY” in lieu of an NOI if they can certify on this form provided by the State Water Resources Control Board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to stormwater runoff. The “Notice of Non-Applicability” must document all of the following: (1) All prohibited non-stormwater discharges have been eliminated or otherwise permitted; (2) All significant materials related to industrial activity (including waste materials) are not exposed to stormwater or authorized non-stormwater discharges; (3) All industrial activities and industrial equipment are not exposed to stormwater or authorized non-stormwater discharges; (4) There is no exposure of stormwater to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates. (b) Businesses in this category are required to submit the Notice of Non-Applicability to the local office of the California Regional Water Quality Control Board, Santa Ana Region, and are required to maintain the above documentation on-site at all times. They are also required to re- evaluate and re-certify once a year that the conditions above are continuously met. Copies of the “Notice of Non-Applicability” form are available from the City's Engineering Department, Environmental Section. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the California Stormwater Best Management Practice Handbooks or the current, San Bernardino County Stormwater Program's Report of Waste Discharge, to reduce pollutants in stormwater runoff and reduce non-stormwater discharges to the City's stormwater drainage system to the maximum extent practicable. All structural controls shall also be maintained to effectively prevent pollutants from contacting stormwater or remove pollutants from stormwater runoff to the maximum extent practicable. Maintenance records for structural and treatment devices, including waste hauling receipts shall be kept for a period of five (5) years and made available to the City's inspector, upon request. (b) If structural or treatment controls are not functioning as designed or are not effective in reducing stormwater pollutants or non-stormwater discharges to the maximum extent practicable, the City will require that the control device be repaired, rebuilt or replaced. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 5. Construction Requirements

Prior to the issuance of any grading or building permit, all qualifying land development/redevelopment projects, shall submit and have approved a Stormwater Quality Management Plan (SWQMP) to the City Engineer on a form provided by the City. The SWQMP shall identify all BMPs that will be incorporated into the project to control stormwater and non-stormwater pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects covered by the NPDES General Construction Permit as well as construction projects less than five (5) acres. Qualifying development/redevelopment projects include: (a) Home subdivisions of ten (10) units or more. This includes single family residences, multi-family residences, condominiums, apartments, etc.; (b) Commercial developments of one hundred thousand (100,000) square feet or more. This includes non- residential developments such as hospitals, educational institutions, recreational facilities, mini- malls, hotels, office buildings, warehouses, and light industrial facilities; (c) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); (d) Food service businesses developing five thousand (5,000) square feet or more of land area; (e) All hillside developments on ten thousand (10,000) square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent (25%) or more; (f) Developments of two thousand five hundred (2,500) square feet of impervious surface or more adjacent to (within two hundred (200) feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the CWA Section 303(d) list of impaired waters; (g) Parking lots of five thousand (5,000) square feet or more exposed to stormwater. “Parking lot” is defined as land area or facility for the temporary storage of motor vehicles; (h) All re-development projects adding five thousand (5,000) square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots, etc. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Any developer/owner engaging in construction activities which disturb five (5) acres or more of land shall apply for coverage under the General Stormwater Permit for Construction Activity with the State Water Resources Control Board (SWRCB). Any developer/owner engaging in construction activities which disturb less than five (5) acres but are part of a larger common plan of development or sale that is greater than five (5)acres must also apply for coverage under the General Stormwater Permit for Construction Activity with the State Water Resources Control Board (SWRCB). “Construction activity” includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. The owner of the land where the construction activity is occurring is responsible for obtaining coverage under the permit. Owners may obtain coverage under the General Permit by completing a “Notice of Intent” form (NOI) and mailing the form along with a vicinity map and the appropriate fee to the office of the California State Water Resources Control Board. The NOI form and checklist of items to submit to the state is available from the State Water Resources Control Board in Sacramento, California or from the City's Engineering Department, Environmental

section. In addition, the owner shall also prepare a Stormwater Pollution Prevention Plan (SWPPP) in accordance with State requirements. (b) Prior to obtaining any City-issued grading and/or construction permits the developer/owner shall provide evidence of compliance with the General Construction Permit by providing a copy of the Waste Discharger's Identification Number (WDID) to the City's Engineering Department. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Discharges of non-stormwater from construction activities are generally prohibited except for those discharges listed in § 6-6.207 of this chapter or any discharges authorized by the City Engineer or the Regional Water Quality Control Board (RWQCB). The City and the RWQCB will allow the discharge of certain non-stormwater discharges from construction sites provided that they are in compliance with the discharge limitations specified in the current General Waste Discharge Requirements for De Minimus Discharges issued by the Regional Water Quality Control Board, Santa Ana Region. (b) The following discharges are authorized provided they are in compliance with the permit: (1) Construction dewatering wastes; (2) Wastes associated with well installation, development, test pumping and purging; (3) Aquifer testing wastes; (4) Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; (5) Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.; (6) Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.; (7) Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; (8) Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; (9) Discharges from fire hydrant testing or flushing. (§ 2, Ord. 2755, eff. April 4, 2002)

Authorized non-stormwater discharges under § 6-6.503 shall be reported to the City Engineer at least five (5) days prior to a planned discharge. Unplanned discharges of non-stormwater into the City's storm drainage system shall be reported as soon as possible and before any discharge is initiated. The City's Engineering Department, Environmental Section will provide a “Non-Stormwater Discharge Notification Form” for any developer that is proposing to discharge any non-stormwater from a construction site. The Non-Stormwater Discharge Notification Form must be submitted to the Engineering Department, Environmental Section, for these discharges, at least five (5) days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring may also be required for these discharges. If the City provided form is not utilized, a report shall be submitted prior to discharge which includes the following information: (a) Type of proposed discharge; (b) Estimated average and maximum daily flow rate; (c) Frequency and duration of discharge; (d) A description of the proposed treatment system (if appropriate); (e) A description of the path from the point of discharge to the nearest storm drain inlet. All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first thirty (30) minutes of each discharge and weekly thereafter for

continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other required constituents shall be reported to the City's Engineering Department, Environmental section on a weekly basis. (§ 2, Ord. 2755, eff. April 4, 2002)

All construction projects which could potentially have an adverse impact on the City's stormwater drainage system or waters of the state shall install and/or implement appropriate construction and post- construction BMPs, as listed in their SWQMP or the “California Stormwater Best Management Practice Handbook”, to reduce pollutants to the maximum extent practicable or to the extent required by law. (§ 2, Ord. 2755, eff. April 4, 2002)

The City Manager or his or her designee is authorized to sign all water quality management plan access, transfer and maintenance agreement documents entered into by the City with project proponents for the on-going and long-term maintenance of all approved stormwater treatment devices, structures and administrative policies designed to minimize the detrimental effects of new development projects on receiving waters, including effects caused by increased pollutant loads and changes in hydrology. (§ 1, Ord. 2849, eff. February 16, 2007)

Article 6. Administrative Enforcement Remedies

Whenever the City Engineer or his designee finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the Basin Plan, the City may serve upon such person a written Notice of Correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for non-compliance. (§ 2, Ord. 2755, eff. April 4, 2002)

When the City Engineer or his or her authorized representative finds that any discharger has failed to comply with a Notice of Correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the Basin Plan, the City may serve upon such person a written Notice of Violation stating the nature of the violation and the penalties for non-compliance. At a minimum, the Notice of Violation shall require that the discharger submit to the City Engineer, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by the discharger. Pursuant to Cal. Gov't Code § 53069.4 and 36900(b) the following violation assessments will apply to the issuance of a Notice of Violation by the City Engineer or his or her authorized representative:

(a) A first Notice of Violation shall be issued for a first violation of this chapter and shall be punishable by a fine not exceeding One Hundred Dollars ($100.00); (b) A second Notice of Violation shall be issued for a second violation of this same ordinance within one year and shall be punishable by a fine not exceeding Two Hundred Dollars ($200.00); (c) A third Notice of Violation shall be issued for a third violation of this same ordinance within one (1) year and shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each additional violation of the same ordinance within one (1) year shall also be punishable by a fine of Five Hundred Dollars ($500.00). (§ 2, Ord. 2755, eff. April 4, 2002)

The City Engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the Basin Plan, by issuing an Administrative Order, enforceable in a court of law or by directly seeking court action. Administrative orders may include Compliance Orders, Stop Work Orders, Cease and Desist Orders, Termination of Service Orders and Immediate Termination of Service Orders. (a) Compliance orders. The City Engineer or his or her designee may issue a Compliance Order to any discharger who fails to correct a violation of this chapter, any NPDES stormwater permit or the Basin Plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The Compliance Order may include the following terms and requirements: (1) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge; (2) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff; (3) Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains; (4) Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency. The City Engineer or his or her designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgement, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the City's storm drainage system. A Compliance Order shall require the discharger to pay a One Thousand Dollar ($1,000) penalty fee to the City for the issuance thereof. (b) Stop work order. The City Engineer or Building Official may serve a written Stop Work Order on any person engaged in doing or causing to be done, new construction, tenant improvements, alterations or additions, if: (1) No construction permit has been granted by the City; (2) Work has begun prior to the submittal of a written Stormwater Quality Management Plan (SWQMP) and subsequent approval by the City Engineer or his or her designee; or, (3) Violations of this article are found at the site of the new construction, tenant improvements, alterations or additions. Any person served a Stop Work Order shall stop such work forthwith until written authorization to continue is received from the City Engineer or Building Official. A Stop Work Order shall require the discharger to pay a One Thousand Dollar ($1,000) penalty fee to the City for the issuance thereof. (c) Cease and desist order. When the City Engineer or his or her designee finds that any industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this

chapter, any NPDES stormwater permit or the Basin Plan, or NPDES Stormwater Permit, the City may issue a Cease and Desist Order directing the discharger to: (1) Immediately discontinue any illicit connection or prohibited discharge to the City's stormwater drainage system; (2) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; (3) Immediately discontinue any other violation of this chapter. A Cease and Desist Order shall require the discharger to pay a One Thousand Dollar ($1,000) penalty fee to the City for the issuance thereof. (d) Termination of service. When the City Engineer finds any industrial and/or commercial discharger, who has a direct connection into the City's stormwater drainage system or has violated an Administrative Order, the City Engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the City. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be re-instituted by the City Engineer after the discharger has complied with all the provisions of the Administrative Order. The discharger shall also be liable for all costs for re- instituting storm drain service. (e) Immediate termination of service. The City Engineer may immediately suspend storm drain service and any non-stormwater discharge permit when such suspension is necessary, in the opinion of the City Engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage system of the City. Any industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the City stormwater drainage system. In the event of failure to comply voluntarily with the Termination of Service Order, the City Engineer shall take appropriate steps, including immediate severance of all applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the City in terminating storm drain service. Storm drain service shall be re-instituted by the City Engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial and/or commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence, shall be submitted to the City Engineer within ten (10) working days of the date of storm drain service termination. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Any discharger may request, or the City Engineer may order, an administrative heating, at which time, a discharger who causes or allows, or who has caused or allowed, an unauthorized discharge to enter into the City's stormwater drainage system or who continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not be taken against him. The City Manager, or the City Manager's designee, shall preside over the administrative heating, at which time each party, including the discharger and the City Engineer or his or her designee, shall have the right to present evidence. (b) A Notice of Hearing shall be served on the discharger specifying the time and place of the hearing and referencing the specific violation and/or violations of this chapter, the reasons why the action is to be taken and the proposed enforcement action, directing the discharger to show cause before the Hearing Officer why the proposed enforcement action should not be taken. The Notice of Hearing shall be served personally or by registered or certified

mail, return receipt requested at least ten (10) working days prior to the hearing. Service of the Notice of Hearing may be made on any agent or officer of the discharger. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Pursuant to Cal. Gov't Code §§ 54739 and 54740.5, the City Engineer may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed. (b) The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the City Engineer shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the City shall not conduct a hearing. A person dissatisfied with the decision of the City Engineer may appeal to the City Council of the City of Ontario within thirty (30) days of notice of the Engineer's decision. (c) If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the City Engineer or City Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the City Engineer or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. (d) Civil penalties may be assessed as follows: (1) In an amount which shall not exceed Three Thousand Dollars ($3,000) for each day for failing or refusing to timely comply with any compliance order established by the City; (2) In an amount which shall not exceed Five Thousand Dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, area-wide urban runoff permit condition, or requirement issued, reissued or adopted by the City; (3) In an amount which shall not exceed Ten Dollars ($10.00) per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City. (4) The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect and priority of a judgement lien and continue for ten (10) years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Cal. Code of Civil Procedure §§ 683.110 to 683.220, inclusive. (5) All monies collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's storm drainage system or for other mitigation measures. (e) Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty (30) days of issuance of an invoice by the City of Ontario. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. (f) The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgement in conformity therewith in accordance with the provisions of Cal. Code of Civil Procedure §§

1285 to 1287.6, inclusive. (§ 2, Ord. 2755, eff. April 4, 2002)

Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment, discharges pollutants into the City's storm drainage system which causes or has the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference in the City's stormwater drainage system, or causes any other damages, including the imposition of fines or penalties on the City by Federal, State or local regulatory agencies, shall be liable to the City for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the City within thirty (30) calendar days of invoicing. (§ 2, Ord. 2755, eff. April 4, 2002)

Any decision of the City Engineer may be appealed. An appeal must be initiated within ten (10) working days after receipt of the notice of any decision or action by filing, with the City Engineer, a letter of appeal briefly stating therein the basis for such appeal. The heating on appeal shall be held on a date no more than fifteen (15) working days after receipt of the letter of appeal. The appellant shall be given at least five (5) working days notice of the time and place of the hearing. The City Manager, or the City Manager's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of City Engineer should not be upheld. Within forty-five (45) working days of the hearing, the City Manager, or the City Manager's designee, shall make a written decision regarding the appeal. The decision of the City Manager, or the City Manager's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the City Engineer determines that such a stay would threaten the public safety, health or welfare. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) In addition to the penalties established by this chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the City Engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney. (b) The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 7. Judicial Enforcement Remedies

(a) The City Attorney may commence an action for appropriate legal, equitable or injunctive relief in the Municipal or Superior Court of the County against any person who has violated or continues to violate any provision of this chapter, the Basin Plan, Federal or State discharge standards or permit conditions, or who violates the requirements of any Administrative Order. (b) In addition to the penalties provided in this chapter, the City Engineer may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Ontario. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Persons who continue to violate any provision of this chapter shall be liable to the City for a maximum civil penalty of Twenty-Five Thousand Dollars ($25,000) but not less than Three Thousand Dollars ($3,000) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (b) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires. (c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The City may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed. (§ 2, Ord. 2755, eff. April 4, 2002)

(a) Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any Administrative Order or any other provision of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than Three Thousand Dollars ($3,000) and/or by imprisonment for a period of not more than six (6) months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefore as provided by this section. (b) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, stormwater permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than Three Thousand Dollars ($3,000) per day of violation or by imprisonment or by both. (§ 2, Ord. 2755, eff. April 4, 2002)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the City, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required

under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor. (§ 2, Ord. 2755, eff. April 4, 2002)

Article 8. Fees and Charges

(a) A BAU represents the proportionate stormwater runoff from the average single family residential parcel. The average single family residential parcel has an area of 0.1666 acres (7,200 square feet) and a runoff factor of 0.695. The level of runoff from this type of property is referred to as one Basic Assessment Unit and is used to establish user class equivalency. All single family residential are assessed one BAU. Each residential living unit that has a separate water service meter shall be classified as a single family unit. All other living units shall be classified as multiple family units. (b) The following computations shall be used to determine the number of BAUs for all land uses except single family residential: BAU = (Area of Parcel in Acres) x (Land Use Runoff Factor) (0.1666 Acres x 0.695) (c) All developed parcels are classified according to their stormwater runoff factor. This is a numeric value for each land use based upon the County of San Bernardino land use standards and directly relates to the land use of the particular property. Excluding single family residential, ten (10) land uses are identified and recognized for varying runoff factors. These factors are applied in the computation of the number of BAUs associated with any developed parcel, and are as follows:

Land Use Runoff Factor

Land Use Runoff Factor

Single Family Residential N/A

Multi-Family Residential

Condominiums 0.766

Apartments 0.766

Mobile Homes 0.775

Commercial/Services 0.820

Industrial 0.820

schools 0.699

Group Quarters 0.766

Other Residential 0.594

Institutional 0.820

Vacant Buildings 0.820

(§ 2, Ord. 2755, eff. April 4, 2002)

(a) The stormwater pollution abatement charge shall be collected on a bi-monthly basis and based on the rates and formulas as set forth in § 6-6.801. The monthly stormwater pollution abatement charge for each Basic Assessment Unit associated with a given parcel of developed land within the City is One Dollar ($1.00). (b) If a discharger disagrees with his or her assigned land use, the discharger may appeal to the City Engineer by presenting proper certification of actual land use conditions. The Engineer shall verify the new land use, apply the new runoff factor and compute a new number of BAUs associated with said parcel. The new BAUs shall be used as the basis for appropriate billing and a billing adjustment shall be applied. The changes in the billing records shall be effective on the first day of the current billing cycle. (§ 2, Ord. 2755, eff. April 4, 2002)

Business inspection fees shall be collected on an annual basis, along with the Business License Tax for those businesses requiring regular compliance inspections under the Areawide Urban Storm Water Run-Off Permit. Affected businesses shall include industrial businesses subject to the California Statewide General NPDES Permit for Storm Water Discharges Associated with Industrial Activities, commercial businesses listed in the Areawide Urban Storm Water Run-Off Permit and other industrial and commercial sites/sources that the City determines may contribute a significant pollutant load to the Municipal Separate Storm Sewer System. The inspection fee shall pay for inspection time including the preparation of inspection reports, review of written Storm Water Pollution Prevention Plans, storm water runoff sampling activities, enforcement response and follow-up as needed. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees. (§ 1, Ord. 2813, eff. July 21, 2005)

Article 9. General Clauses

If any provisions, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraph, words, sections, and other chapters, shall not be affected and shall continue in full force and effect. (§ 2, Ord. 2755, eff. April 4, 2002)

The City Council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the City's stormwater drainage system, if deemed necessary. (§ 2, Ord. 2755, eff. April 4, 2002)

CHAPTER 7: PUBLIC SEWER SYSTEM

CHAPTER 7: PUBLIC SEWER SYSTEM

Article 1. General Provisions