Rialto Municipal Code Art. IV Industrial and Commercial Requirements

All non-stormwater discharges associated with industrial and commercial activities that discharge into the city's municipal separate storm sewer system are prohibited except as permitted by an individual user's NPDES permit, an NOI or Section 12.60.090.

(Ord. 1401 § 1 (part), 2007)

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 industrial permit at least fourteen days prior to the commencement of activities that may involve discharges to the MS4. 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). Such businesses shall prepare a stormwater pollution prevention plan (SWPPP), retain a copy of the SWPPP on site and comply with all the requirements of the general industrial permit. (Copies of the NOI form are available from the public works director.)

B. All businesses that have filed an NOI for coverage under the state's general industrial permit and have received a waste discharge identification number (WDID) from the State Water Resources Control Board, shall either mail, fax or hand deliver a copy of the WDID letter from the state to the public works director as proof of filing, within ten days of receipt of the same, or upon request of the public works director.

(Ord. 1401 § 1 (part), 2007)

A. To the extent permissible under state and federal law, businesses which own or operate facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a "notice of nonapplicability" in lieu of an NOI if they are able to certify on the 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 nonapplicability" 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; and

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 nonapplicability to the regional board 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 nonapplicability" form are available from the public works director.

(Ord. 1401 § 1 (part), 2007)

A. All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the California Storm Water Best Management Practice Handbooks or the current San Bernardino County Municipal Storm Water Management Program, to reduce pollutants in stormwater runoff and reduce non-stormwater discharges to the MS4 to the maximum extent practicable. All structural controls and BMPs 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 BMPs and treatment devices, including waste hauling receipts, shall be kept for a period of five years and made available to the city's inspector upon request.

B. If structural or treatment controls or BMPs are not functioning as designed or are not effective in reducing stormwater pollutants or non-stormwater discharges to the maximum extent practicable, the public works director is authorized to immediately require that the control device or BMP be repaired, rebuilt or replaced.

C. Storage of Materials, Machinery and Equipment. No person shall place machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to stormwater, in a manner that leaks, spills and other maintenance-related pollutants are discharged to the municipal separate storm sewer system.

D. Food Wastes. Food wastes generated by nonresidential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4.

(Ord. 1401 § 1 (part), 2007)

There is hereby established a National Pollutant Discharge Elimination System ("NPDES") Inspection Program to be managed by the public works director or their designee.

A. On the basis of the SIC or NAICS code provided to the city by a place of business for which application of a business license is required by the Rialto Municipal Code, the public works director or their designee will cause an initial inspection of said new business to occur within thirty calendar days from the date that the business license is issued by the city.

B. Upon completion of the initial inspection of a new business, the city shall determine the potential for said business to discharge pollutants or other prohibited substances to the municipal separate storm sewer system (or "MS4"), and shall therefore assign the business to an inspection priority based on that potential for discharge.

C. All businesses that operate within the city of Rialto shall be assigned to a NPDES inspection priority based on their SIC/NAICS Code and other factors set forth in Chapter 12.60 of the Rialto Municipal Code. The frequency of a NPDES inspection of each business shall be based on this priority or other mechanism that may be adopted by the Santa Ana Regional Water Quality Control Board.

D. The following priorities shall be established with a corresponding NPDES inspection frequency:

1. High Priority. Business shall be inspected once per year.

2. Medium Priority. Business shall be inspected once every two years.

3. Low Priority. Business shall be inspected once every five years.

E. The city shall establish a fee to recover the cost of performing NPDES inspections that shall be collected at the time of issuance or renewal of the business license for those businesses that are subject to the inspection requirements of Chapter 12.60 of the Rialto Municipal Code. Said fee shall be in addition to any other fees required by local, state or federal requirements.

F. In the event that a NPDES inspection results in the issuance of a notice of violation as set forth in Section 12.60.285 of the Rialto Municipal Code, in addition to any other penalties or fines which may be issued, levied or ordered against said business for the violation, the city shall be entitled to recover its actual labor costs as set forth by resolution for investigating, inspecting and enforcing any notice of violation.

(Ord. No. 1527, § 3, 5-14-13)