Rialto Municipal Code Art. II General Conditions and Prohibitions

Except as otherwise provided in this chapter, 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 city engineer. This chapter shall apply to all dischargers, including all residents, as well as commercial, industrial and construction enterprises, to the city's municipal separate storm sewer system, and to dischargers outside the city who, by agreement with the city, utilize the city's municipal separate storm sewer system.

(Ord. 1401 § 1 (part), 2007)

Unless otherwise provided by this chapter, any notice required by this chapter shall be in writing and served in person, or by first class, registered or certified mail. Notice by mail 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. 1401 § 1 (part), 2007)

A. The discharge or diversion of stormwater or non-stormwater is permissible when the connection to the city's MS4 is made in accordance with a valid city permit, approved construction plan, and/or, if applicable, an NPDES permit or an NOI, and the discharge is not prohibited under Section 12.60.080, and the discharges is deemed to have consented to inspection as authorized in this chapter.

B. It is prohibited to establish, use, operate, maintain and/or continue any illicit connections to the city's MS4. This prohibition is retroactive and applies to illicit connections made prior to the date of enactment of the ordinance codified in this chapter, 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; and

2. Private property so as it may directly or indirectly discharge into the city's municipal separate storm sewer system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches and unrestricted sheet flow.

(Ord. 1401 § 1 (part), 2007)

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 MS4, including any actions which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures without prior written approval of the city engineer.

(Ord. 1401 § 1 (part), 2007)

It is prohibited to:

A. Discharge directly or indirectly to the city's MS4, or any street, line or drainage channel which leads to the city's MS4, any non-stormwater or other solid, liquid or gaseous water unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in Section 12.60.090. If such discharge is permitted by an NPDES permit, or is generally exempted, but causes a violation or potential violation of any portion of the municipal NPDES permit, such discharge is also prohibited.

B. Discharge stormwater into the city's MS4 containing pollutants that have not been reduced to the maximum extent practicable.

C. Throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left, maintained or kept, 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. This prohibition shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are properly placed in designated locations for regular solid waste pick up and disposal.

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 MS4:

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, draper and furniture cleaning, etc.;

5. Wastewater 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 of waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment;

7. Pool or fountain water containing chlorine, biocides, acids or other chemicals and pool filter backwash containing debris and chlorine;

8. Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch, and pesticides;

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, and regenerative brine waste from water softeners or reverse osmosis treatment systems;

13. Materials or chemical substances that cause damage to the city's municipal separate storm sewer system;

14. 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;

15. Domestic sewage including wastewater from sinks, washing machines, dishwashers, toilets, campers, motor homes or trailers;

16. Degreasers, bleach, steam cleaning or pressure washing wastewater;

17. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning wash water or rinse water and any other vehicular fluids;

18. Water softener brine waste, or any other wastewater from other household water treatment systems;

19. Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same;

20. Septic waste; or

21. Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city's municipal separate storm sewer system or causes a violation of any NPDES permit, waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, the regional board, EPA, San Bernardino County fire/hazmat department, the San Bernardino County Flood Control District or any other public agency with jurisdiction.

(Ord. 1401 § 1 (part), 2007)

The following discharges of non-stormwater into the city's MS4 are generally exempt from the prohibited discharges listed in Section 12.60.080; however, subsections L through V of this section have been identified as potential significant sources of pollutants and may require coverage under the regional board's de minimus permit (Order No. R8-2003-0061 [NPDES No. CAG99801], or any successor order) as well as prior approval by the city's public works department, NPDES section, before discharge (see Section 12.60.095):

A. Discharges covered by NPDES permits or written clearances issued by the regional board or State Water Resources Control Board;

B. Landscape irrigation, lawn watering and irrigation water;

C. Water from crawl space pumps;

D. Air conditioning condensation;

E. Noncommercial car washing;

F. Rising groundwaters and natural springs;

G. Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;

H. Water flows from riparian habitats and wetlands;

I. Water flows generated from emergency response and/or firefighting activities, so long as appropriate BMPs are implemented to the extent practicable. BMPs must be implemented to reduce pollutants from nonemergency firefighting flow;

J. Waters not otherwise containing wastes;

K. Other types of discharges identified and recommended by the city and approved by the regional board;

L. *Potable water line testing or flushing and other discharges from potable water sources;

M. *Water from fire hydrant testing and flushing using appropriate BMPs;

N. *Water from passive foundation drains or passive footing drains;

O. *Dechlorinated swimming pool discharges;

P. *Diverted stream flow;

Q. *Wastes associated with well installation, development, test pumping and purging;

R. *Aquifer testing wastes;

S. *Discharges from hydrostatic testing of vessels, pipelines, tanks, etc.;

T. *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.;

U. *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; and

V. *Discharges from potable water supply systems resulting from system failures, pressure releases, etc.

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 regional 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 in this section would be adjusted accordingly.

(Ord. 1401 § 1 (part), 2007)

The city requires that a non-stormwater discharge notification be submitted to the engineering department for approval of the discharges marked with an asterisk (*) in Section 12.60.090, 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.

(Ord. 1401 § 1 (part), 2007)

A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any NPDES permit addressing such discharges, including, but not limited to, the general construction permit and the general industrial permit, as may be adopted by the EPA, the State Water Resources Control Board, or the RWQCB, shall provide to the city an NOI, comply with and undertake all activities required by any such NPDES permit applicable to such discharges.

B. Each discharger identified in an individual NPDES permit, discharge order, or waste discharge requirements relating to stormwater discharges shall comply with and undertake all activities required by such permit, order, or requirements.

(Ord. 1401 § 1 (part), 2007)

Any person undertaking any activity or operation in the city that could potentially cause or contribute to stormwater pollution or a discharge of non-stormwater to the city's MS4 shall comply with all applicable best management practices (BMPs) as listed in the California Storm Water Best Management Practices 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 MS4 to the maximum extent practicable or to the extent required by law.

(Ord. 1401 § 1 (part), 2007)

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

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

C. Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices and structural BMPs 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 hour, twenty-five year rainfall event plus ten percent 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 nonreactive materials to the materials and/or wastes being contained.

D. 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.

E. 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, municipal separate storm sewer system or onto the ground.

(Ord. 1401 § 1 (part), 2007)

A. Protection of the city's municipal separate storm sewer 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.

B. 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.

C. All accidental discharges of pollutants into the city's municipal separate storm sewer system, including a street or gutter, shall be immediately reported to the city's public works 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 regional board within twenty-four hours by telephone or e-mail and followed with a written report of the spill event within five days. At minimum, all sewage spills over one thousand gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within twenty-four hours.

(Ord. 1401 § 1 (part), 2007)

A. Within five working days following an accidental discharge of pollutants into the city's municipal separate storm sewer system, the person or persons responsible for the discharge of the material and/or waste which was accidentally discharged shall submit a written report to the public works director. 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.

B. Such notification of the accidental discharge shall not relieve the person or persons responsible 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.

(Ord. 1401 § 1 (part), 2007)

Any person who causes any illegal discharge shall be responsible for all abatement and cleanup costs, fines and penalties assessed, and any other related costs incurred pursuant to this chapter.

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 or her own expense, if the responsible party cannot be located. Likewise, if the tenant of a multifamily residential unit has discharged a prohibited material or waste into the city's MS4 or has caused the contamination of stormwater runoff from the property by his or her activities and the public works director 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 MS4 from a contractor's activities, if the contractor was hired by the owner and cannot be located.

(Ord. 1401 § 1 (part), 2007)

A. The public works director may direct any person engaged in any activity and/or owning or operating any premises which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the city's MS4 to undertake such monitoring activities and/or analyses and furnish such reasonable reports as the public works director may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

B. In the event the owner or operator of premises subject to a monitoring and/or analysis order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the public works director may cause such monitoring and/or analysis and the cost, including the reasonable additional administrative costs incurred by the city, to be borne by the owner of the premises. If an invoice demanding payment is not paid within sixty days of the issuance thereof, the costs may be imposed as a lien upon and against such premises in the same as set forth in chapter of this code provisions related to the code for the impositions liens for the recovery of delinquent nuisance abatement liens are followed, and such lien shall continue in existence until the same is paid.

(Ord. 1401 § 1 (part), 2007)