Redlands Municipal Code Ch. 13.54 Storm Drains

The purpose of this chapter is to promote the future health, safety and general welfare of inhabitants of the city by controlling discharges into the Redlands storm drain system. This will be accomplished by eliminating all nonpermitted discharges to Redlands separate storm sewers, controlling the discharge to Redlands separate storm sewers from spills, dumping or disposal of materials other than stormwater and reducing pollutants in stormwater discharges to the maximum extent practicable. (Ord. 2274 § 1, 1995)

As used in this chapter:

BMP: Any best management practice, best management guideline, or best management requirement as adopted by any federal, state, regional, or local agency and applicable to storm drain system.

CITY PERMIT: Any permit issued by the city.

CONSTRUCTION ACTIVITY: Any activity as defined by the state water resources board or the regional water quality control board, Santa Ana region, whichever is more restrictive, that necessitates securing an NPDES permit or NOI.

ILLEGAL DISCHARGE: Any discharge to the stormwater drainage system that is not composed entirely of stormwater or contains constituents not provided for under section 13.54.070, "Prohibited Discharges", of this chapter.

ILLICIT CONNECTION: Any connection to the stormwater drainage system that is directly or indirectly associated with an illegal discharge except for connections permitted pursuant to a valid NPDES permit authorized by written approval of the city.

NOI: A notice of intent to comply with an NPDES general stormwater permit.

NPDES: The national pollutant discharge elimination system.

NPDES PERMIT: Any permit issued pursuant to the NPDES program under the federal clean water act.

NONSTORMWATER: Any water not associated with storm runoff that originates on or traverses any property.

RECEIVING WATER: All waters of the United States and tributaries of waters of the United States that are used for recreational or other purposes; from which fish or shellfish are taken; or which are used for industrial purposes by industries in interstate commerce.

STORM DRAIN SYSTEM: All of the property owned or leased by the city and used directly or indirectly in the collection, conveyance, storage or disposal of storm water including, but not limited to, conduits, channels, basins and watercourses, together with appurtenances, pumping stations and equipment.

STORM WATER POLLUTION PREVENTION PLAN: The plan as described in the general construction activity storm water permit as issued by the state water resources control board on August 20, 1992, and as amended.

SWIMMING POOL: Any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes. (Ord. 2274 § 1, 1995)

Except as otherwise provided in this chapter, the public works director for the city or his or her designee, shall administer, implement and enforce the provisions of this chapter. (Ord. 2274 § 1, 1995)

Unless otherwise provided in this chapter, any notice required to be given under this chapter shall be in writing and served in person or by first class or by 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. 2274 § 1, 1995)

A. The discharge or diversion of nonstorm water is permissible only when connection to the storm drain system is made in accordance with a valid city permit, approved construction plan, or an NPDES permit and/or an NOI, and the discharge conforms to the standards of this chapter.

B. It is prohibited to establish, use, maintain and/or continue any illicit connections. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

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

1. Dedicated easements, rights of way, or public place and/or facility;

2. Private property so as it may directly or indirectly discharge into the storm drain system. Indirect discharges include, but are not necessarily limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow. (Ord. 2274 § 1, 1995)

No person shall, without prior written approval by the city, construct, modify or cause to be constructed or modified any structure, facility, or appurtenant items which may alter the normal functioning of the storm drain system, including actions which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures. (Ord. 2274 § 1, 1995)

It is prohibited to:

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

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

C. Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, 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 might be or become a pollutant;

D. Throw or deposit litter in any fountain, pond, lake, stream or any other body of water in any park, or elsewhere within the city. (Ord. 2274 § 1, 1995)

The following discharges are exempt from the prohibited discharges listed in section 13.54.070 of this chapter:

A. Water line flushing and other discharges from potable water sources, provided that the chlorine residual in any heavily chlorinated water used to disinfect water storage facilities or water mains is thoroughly dechlorinated prior to contacting receiving waters;

B. Landscape irrigation, lawn watering, and irrigation water;

C. Diverted stream flows, rising ground water, infiltration of separate storm drains, springs, flows from riparian habitats and wetlands;

D. Uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation;

E. Individual residential car washing, dechlorinated swimming pool discharges; and

F. Flows from firefighting. (Ord. 2274 § 1, 1995)

A. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States environmental protection agency, the state water resources control board, or the California regional water quality control board, Santa Ana region, shall provide NOI, comply with, and undertake all other activities required by any general NPDES storm water permit applicable to such discharges.

B. Each discharger identified in an individual NPDES permit or discharge order relating to storm water discharges shall comply with and undertake all activities required by such permit or order. (Ord. 2274 § 1, 1995)

Any person undertaking any activity or operation that causes or contributes to illegal discharges or storm water pollution shall comply with all applicable BMPs. (Ord. 2274 § 1, 1995)

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

B. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained.

C. Spilled or leaked waste and accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved in writing by the city, all chemicals or wastes discharged within the collection area shall be disposed of in accordance with all applicable federal, state and local laws and regulations and not discharged to the public sewer or the ground. (Ord. 2274 § 1, 1995)

Protection of the storm drain system from accidental discharge of prohibited material 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 public works director prior to any construction. All existing users shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. (Ord. 2274 § 1, 1995)

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

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

Within five (5) working days following an accidental discharge to the storm drain system, the person or persons in charge of the material accidentally discharged shall submit a written report to the public works director. The report shall describe in detail the type, volume and cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrence. Such notification shall not relieve the user of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws. (Ord. 2274 § 1, 1995)

A. Representatives of the city shall be authorized at all reasonable times to enter the premises of any user of the storm drain system to determine compliance with the provisions of this chapter, and to:

1. Conduct inspection, sampling, 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, take measurements or copy any applicable information, and to require reports from industrial, commercial, and construction sites discharging into the municipal separate storm sewer system (MS4);

3. Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations.

B. Adequate identification shall be provided by the representative of the city when entering the premises of any user. If such entry is refused or cannot be obtained, the city shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

C. If the city has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the city shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.

D. Where a user has instituted security measures requiring proper identification and clearance before entry onto the premises, the user shall make all necessary arrangements with its security guards in order that, upon presentation of such identification, duly designated city personnel 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 user to obtain all necessary clearances on behalf of the city so that city inspections are not impaired. (Ord. 2742, 2010)

Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm drain system. (Ord. 2274 § 1, 1995)

By adoption of industrial activity stormwater regulations or by the issuance of industrial activity stormwater permits, or both, the public works director may impose reasonable limitations as to the quality of stormwater (including, without limitations, the designation of maximum levels of pollutants) discharged directly or indirectly into the storm drain system from sites of industrial activity. (Ord. 2274 § 1, 1995)

The following nonstormwater discharges are allowed under the general construction permit so long as they comply with BMPs as described in the stormwater pollution prevention plan (SWPPP) and they do not cause or contribute to violation of any water quality standard or federal, state or local law or regulation:

A. Landscape irrigation of erosion control measures;

B. Waterline flushing and testing as provided for in section 13.54.080 of this chapter;

C. Street washing;

D. Dewatering;

E. Dust control;

F. Soil compaction; and

G. Discharges of nonstormwater as may be necessary for performance and completion of certain construction projects. (Ord. 2274 § 1, 1995)

A. Any new construction activity shall use best management practices (BMPs) to prevent the discharge of pollutants to the maximum extent practicable. Any new industrial or commercial or other development activity, or development, must use BMPs or other steps to prevent discharge of pollutants to the MS4. For other premises exposed to stormwater, the responsible person must use BMPs, if they exist, or other steps to reduce the discharge of pollutants to the maximum extent practicable, including the removal and lawful disposal of any solid waste or any other substance which, if it were to be discharged to the MS4, would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal wastes, from all parts of the premises exposed to stormwater. Examples of suitable BMPs may be found in the California Stormwater Quality Association (CASQA) "Stormwater Best Management Practice Handbook", and the city of Redlands' "Storm Water Guidance Handbook". Other BMPs may be utilized with the prior written approval of the city engineer.

B. Best management practices as defined in section 13.54.020 of this chapter shall be those practices which are standard practices in the city or those practices which are adopted by resolution of the city council to reduce or eliminate pollution in the storm drainage system. Best management practices which are standard practices of the city are:

1. Street sweeping all public curbed streets as required by the city's NPDES permit, and as otherwise established by the city;

2. Storm drain and catch basin cleaning and maintenance as needed;

3. Regular pavement repair and maintenance;

4. Spill prevention as practiced by all field divisions and as handled on an emergency basis by the fire department hazardous materials response team;

5. Household hazardous waste collection as administered by the fire department;

6. Storm drain facility inspection for illicit connections and/or illegal discharges. (Ord. 2742, 2010)

Any individual or entity wishing to engage in construction activity shall comply with provisions of this chapter and provide evidence of compliance prior to obtaining any city issued grading or construction permits. (Ord. 2274 § 1, 1995)

All commercial, industrial and construction sites that employ BMPs to prevent or reduce pollution shall submit a yearly report to the city's municipal utilities and engineering department detailing inspection dates, any maintenance performed, and any repairs that were made to the BMPs used. The report shall also include a summary of the effectiveness of the BMPs used. This effectiveness shall be based on actual, not estimated, measurements. The report shall be filed by July 1 of each year, in hardcopy and electronic (PDF) format. The report must be prepared and signed by a California registered engineer, a professional hydrologist as certified by the American Institute Of Hydrology, a certified professional in erosion and sediment control (CPESC), a certified professional in stormwater quality (CPSWQ), or a certified erosion, sediment and stormwater inspector (CESSWI). (Ord. 2742, 2010)

A. Whenever the authorized representative finds that any user has violated or is violating any provision of this chapter, an NPDES permit or city permit the city may serve upon such person a written notice stating the nature of the violation and stating the penalties for continued noncompliance.

B. If required in the notice, the user shall submit to the city, within a prescribed period specified in the notice, which period shall not be less than ten (10) working days unless an emergency situation dictates a shorter period, a plan indicating the cause of the violation, corrective actions which will be taken to prevent recurrence, and, if required, a proposed compliance schedule indicating the dates those corrective actions will be completed. (Ord. 2274 § 1, 1995)

A. In addition to the penalties established by this chapter, any threat to the public health, safety, and welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remediated or restored by the city, and/or the city may commence a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

B. The cost of such abatement, remediation, or restoration shall be borne by the owner of the property causing the violation. This cost may be recovered by forfeiture of permit deposits, through the use of security such as trust funds, bonds or other short term funding source, or by imposition of a lien upon and against the property, and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within a prescribed amount of time after the completion by the city of the removal of the public nuisance and restoration and remediation of the property to its original condition, the lien may be recorded and entered in the same manner as a judgment. (Ord. 2742, 2010)

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. (Ord. 2274 § 1, 1995)

A. Any user may request in writing or the authorized representative may order, an administrative hearing, at which a user who causes or allows or who has caused or allowed a violation of this chapter to occur shall show cause why a proposed enforcement action should not be taken. An administrative hearing officer who is a city officer not directly involved in enforcement of this chapter shall preside over the administrative hearing, at which each party, including the user and the city, shall have the right to present evidence.

B. A notice shall be served on the user specifying the time and place of the hearing regarding the violation, the reasons why the action is to be taken and proposed enforcement action, directing the user to show cause before the hearing officer why 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 before the hearing. Service may be made on any agent or officer of the user. (Ord. 2274 § 1, 1995)

A. The authorized representative may require compliance with this chapter, NPDES permit or city permit by issuing written administrative orders that are enforceable in a court of law or by directly seeking court action. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.

1. Stop Work Order: The city 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:

a. A city permit is required and no permit has been granted by the city;

b. Work has begun without necessary prior written approval by the city;

c. Violations of this chapter 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 public works director.

2. Cease And Desist Order: When the city finds that any industrial/commercial user has violated or threatens to violate any provisions of this chapter, NPDES stormwater permit or city permit the city may issue a cease and desist order directing the user to:

a. Comply immediately; or

b. Comply in accordance with a time schedule specified in the cease and desist order.

A cease and desist order may include modifications in the frequency of monitoring, testing and submission of self- monitoring reports.

3. Termination Of Service: When the city finds any industrial/commercial user has violated an administrative order, the public works director may terminate storm drain service to the user. The user shall be liable for all costs for termination of storm drain service incurred by the user and the city. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency payment, or for any other reasons. Storm drain service shall be reinstituted by the city after the user has complied with all the provisions of the administrative order. The user shall also be liable for all costs for reinstituting storm drain service.

4. Immediate Termination Of Service: The city may immediately suspend storm drain service and the city permit when such suspension is necessary, in the opinion of the public works director 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 causes pollution to the receiving groundwaters and watercourse of the city. Any industrial/commercial user notified that storm drain service NPDES permit or city permit has been suspended shall immediately stop and eliminate the applicable contributions to the storm drain system.

B. In the event of failure to comply voluntarily with the suspension order, the city shall take steps as deemed necessary including immediate severance of storm drain connections. The industrial/commercial user shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service may be reinstituted by the city after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial/commercial user, describing the cause of the harmful contribution and the measure to prevent any future occurrence shall be submitted to the public works director within fifteen (15) working days of the date of storm drain service termination.

C. The authorized representative may adopt a proposed compliance schedule submitted by the user, or may adopt a revised compliance schedule if, in the judgment of the authorized representative, the compliance schedule would allow the user to cause harm to the receiving waters and/or city storm drain facilities.

D. The authorized representative will notify the user of the adopted compliance schedule in a timely manner. The authorized representative shall not adopt a compliance schedule which extends beyond applicable federal guidelines. (Ord. 2274 § 1, 1995)

A. If any person violates the provisions of this chapter, federal or state NPDES permit, city permit requirement or any order of the city, the city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the county.

B. In addition to the penalties provided in this chapter, the city may recover all reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit of law against the person(s) found to have violated any of the provisions of this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued thereunder. (Ord. 2274 § 1, 1995)

A. The business license of any industrial/commercial user who is found to have violated an administrative order to comply with any provisions of this chapter, NPDES permit or city permit and the orders, rules, regulations and permits under this chapter may be revoked. The industrial/commercial user may also be fined a sum not to exceed two thousand dollars ($2,000.00) per day for each offense.

B. Each violation shall be considered a separate and distinct offense, and each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this chapter, the city may recover all reasonable attorney fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter, NPDES permit, city permit, or the orders, rules, regulations and permits issued under this chapter. (Ord. 2274 § 1, 1995)

A. Any person who wilfully violates any provision of this chapter or any permit condition; who knowingly violates any stop work order, cease and desist order, termination or immediate termination order, prohibition or effluent limitation; who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this chapter is guilty of a misdemeanor which, upon conviction, is punishable in accordance with state law.

B. 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 person, and shall be punishable for that violation as provided by this chapter. (Ord. 2274 § 1, 1995)

Any person who damages monitoring equipment, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires nonroutine inspection or sampling of, causes blockages of, damage to, or interference with storm drain facilities, 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, occasioned thereby. An administrative fee, which shall be 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. (Ord. 2274 § 1, 1995)

Whenever the authorized representative finds any nonpermitted, prohibited substance discharge 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 storm drain system, the authorized representative may give notice to remove any nonpermitted, prohibited substance discharge that the city may provide. The industrial/commercial user who receives such a notice shall undertake the remediation activities as described in the notice. (Ord. 2274 § 1, 1995)

NPDES program regulatory fees shall be collected on an annual basis along with, and as a condition of issuance of, the city's business license tax for those businesses requiring regular compliance inspections pursuant to this chapter. Affected businesses shall include industrial businesses subject to the California statewide general NPDES permit for stormwater discharges associated with industrial activities, commercial businesses listed in the area wide urban stormwater runoff 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 NPDES program regulatory fee shall be established in an amount to pay for the city's costs of inspection time, and for preparation of inspection reports, review of written stormwater pollution prevention plans, stormwater sampling activities, general program compliance, education and enforcement response and follow up as needed. The NPDES program regulatory fee shall be established by resolution of the city council and shall be subject to periodic review and revision by resolution of the city council. (Ord. 2742, 2010)

If any person fails to meet the requirements of the stormwater pollution prevention plan (SWPPP) and additional site inspections are therefore required, such persons shall be liable for the costs for such additional inspections incurred by the city. These costs may be recovered through the forfeiture of permit deposits, or through the requirement for additional inspection deposits to cover permit inspection and administration expenses. The city may also pursue any civil action deemed necessary against the owner contractor to recover excess SWPPP inspection and compliance costs. (Ord. 2742, 2010)

Costs of enforcement of this chapter, including, but not limited to, costs of investigation, sampling and monitoring costs, and unpaid administrative fines and civil penalties, shall constitute a lien against the real property on which the violation occurs and on the real property of any person who violates this chapter until such lien is satisfied. The lien may be recorded and enforced in the same manner as a judgment lien. (Ord. 2742, 2010)