Chapter 1 — POLLUTANT DISCHARGE ELIMINATION SYSTEM REGULATIONS

Section

• 35.0101 Authority.
• 35.0102 Purpose.
• 35.0103 Definitions.
• 35.0104 Severability.
• 35.0105 Conflict.
• 35.0106 County’s Right to Revision.
• 35.0107 Administration.
• 35.0108 Notice.
• 35.0109 Storm Drain System Connections.
• 35.0110 Prohibited and Illicit Discharges.
• 35.0111 Exemptions from Discharge Prohibitions.
• 35.0112 Reduction of Pollutants in Legal Connections.
• 35.0113 Notification of Intent and Compliance with General Permits.
• 35.0114 Spill Containment.
• 35.0115 Prevention of Accidental Discharges.
• 35.0116 Notification and Abatement of Discharge.
• 35.0117 Authority to Inspect.
• 35.0118 Water Quality Management Plan (WQMP).
• 35.0119 Maintenance and Transfer of Properties Subject to BMP Maintenance Requirements.
• 35.0120 Construction Activity Requirements.
• 35.0121 Inspection Requirements Mandated by Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2010-0036 (NPDES Permit No. CAS618036) and the
• California State Water Resources Control Board, Order No. 2013-001-DWQ (NPDES Permit No. CAS000004).
• 35.0122 Notice of Violation.
• 35.0123 Violations Deemed a Public Nuisance.
• 35.0124 Falsifying Information.
• 35.0125 Administrative Hearing.
• 35.0126 Administrative Orders.
• 35.0127 Legal Action.
• 35.0128 Civil Penalties.
• 35.0129 Criminal Penalties.
• 35.0130 Compensation for Damages.
• 35.0131 Appeals.
• 35.0132 Notice to Remediate.

This Chapter is enacted pursuant to authority conferred to the County under its police powers and by the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq.). (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) The purpose of this Chapter is to protect the health and safety of, and promote the welfare of, the inhabitants of the County by controlling non-storm water discharges to the storm water conveyance system, and by reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable in order to achieve applicable receiving water quality objectives. (b) The purpose of this Chapter is to also protect and enhance the quality of receiving waters in a manner pursuant to and consistent with applicable federal, state, and local laws, regulations, and permits. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

For the purposes of this Chapter, the following definitions shall apply: (a) AUTHORIZED ENFORCEMENT OFFICER or AUTHORIZED REPRESENTATIVE shall mean the County of San Bernardino Director of Public Works, or his/her designee(s), or a County Code Enforcement Officer. (b) BEST MANAGEMENT PRACTICES or BMPs shall mean, as defined in Title 40 of the Code of Federal Regulations, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices 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 disposal, or drainage from raw material storage. BMPs may be structural or non-structural, and include site design, source control, treatment control, and natural design methods. (c) CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD or RWQCB shall also mean the Board members, its Executive Officer, and their staff. (d) CLEAN WATER ACT shall mean the federal statute (Title 33 of the United States Code, §§ 1251 et seq., as amended, including § 402(p) of the Clean Water Act) requiring municipal and industrial dischargers to obtain NPDES permits for their discharges of storm water. (e) CODE OF FEDERAL REGULATIONS or CFR shall mean the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government of the United States. (f) CONSTRUCTION or CONSTRUCTION ACTIVITY shall mean any activity as defined by the State Water Resources Control Board or the Regional Water Quality Control Board, whichever is more restrictive, that necessitates securing a NPDES general permit or NOI. (g) CONSTRUCTION/INDUSTRIAL ACTIVITIES STORM WATER GENERAL PERMIT or NPDES GENERAL PERMIT shall mean the NPDES general permits adopted by the State Water Resources Control Board, which authorize the discharge of storm water associated with construction or industrial activities under certain conditions. (h) COUNTY shall mean the County of San Bernardino, California. (i) COUNTY CODE shall mean the official governmental record of all codified ordinances of the County of San Bernardino, California, as may be amended.

(j) COUNTY DIRECTOR or DIRECTOR OF PUBLIC WORKS shall mean the County of San Bernardino Director of Public Works or his/her designee(s). (k) COUNTY PERMIT shall mean any permit issued by the County of San Bernardino. (l) DEVELOPMENT shall mean NEW DEVELOPMENT or REDEVELOPMENT. (m) DISCHARGE shall mean, when used without qualification, the “discharge of a pollutant”. (n) GOVERNMENTAL shall mean pertaining to a municipal corporation, County, State, Federal, or governmental body, agency or entity. (o) HAZARDOUS WASTE shall mean any material and/or waste defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated hazardous pursuant to Title 40 of the CFR, § 302. This term also includes any unlisted hazardous substance which is a solid waste, as defined in Title 40 of the CFR, § 261.2, which is not excluded from regulation as a hazardous waste under Title 40 of the CFR, § 261.4(b), or is a hazardous substance under § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), if it exhibits any of the characteristics identified in Title 40 of the CFR, §§ 261.20 through 261.24. (p) IC/ID shall mean illicit connection/illicit discharge. (q) ILLICIT CONNECTION shall mean any connection to the MS4 that is prohibited under local, State, or Federal statutes, ordinances, codes, regulations or permits. (r) ILLICIT DISCHARGE shall mean any discharge to a municipal separate storm sewer system that is prohibited under local, State, or Federal statutes, ordinances, codes, regulations or permits. The term illicit discharge includes all non-storm water discharges except discharges pursuant to a NPDES permit, discharges that are identified in Section V, Effluent Limitations and Discharge Specifications of the Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES Permit No. CAS618036), and discharges authorized by the RWQCB. (s) IMPERVIOUS SURFACE AREA shall mean a constructed or modified surface that cannot effectively be infiltrated by rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. (t) LITTER shall mean all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and Waters of the United States, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing, in accordance with Government Code § 68055.1(g). (u) MAXIMUM EXTENT PRACTICABLE or MEP shall mean the acceptability standard for BMPs established by Congress in the Clean Water Act, § 402(p)(3)(B)(iii), that operators of MS4 systems and dischargers of storm water must meet. MEP refers to management practices, control techniques, and system design and engineering methods for the control of pollutants, taking into account considerations of synergistic, additive, and competing factors, including, but not limited to, pollutant removal effectiveness, regulatory compliance, gravity of the problem, public acceptance, social benefits, cost and technological feasibility. (v) MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 shall mean an acronym for municipal separate storm sewer system. A municipal separate storm sewer system is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains): (i) owned or operated by the State, or a city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes; (ii) designated or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of the publicly owned treatment works as defined in Title 40 of the CFR, § 122.2. (w) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES shall mean a national program under § 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to Waters of the United States. (x) NEW DEVELOPMENT shall mean land disturbing activities, structural development, including construction or installation of a building or structure, creation of impervious surface area, and land subdivision for which either a discretionary land use approval, grading, or building permit is required. (y) NON-STORM WATER shall mean all discharges to and from a storm water conveyance system that do not originate from precipitation events (that is all discharges from a conveyance system other than storm water). Non-storm water includes illicit discharges, non-prohibited discharges, and NPDES permitted discharges. (z) NOTICE OF INTENT or NOI shall mean a notice of intent for coverage under the construction/industrial activities storm water general permit. (aa) NPDES PERMIT shall mean any permit issued pursuant to the NPDES program under the Federal Clean Water Act. (bb) MS4 PERMIT shall mean the waste discharge requirement for storm water discharges from a municipal separate storm sewer system issued by the State Water Resources Control Board or Regional Water Quality Control Board. (cc) OWNER(S) shall mean a person or persons shown by the most current legal document that has been recorded by the County of San Bernardino Assessor-Recorder-County Clerk that transfers, grants or imports total or partial ownership of a parcel. (dd) PERSON shall mean any individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. (ee) POLLUTANT(S) shall mean any ag

ons shown by the most current legal document that has been recorded by the County of San Bernardino Assessor-Recorder-County Clerk that transfers, grants or imports total or partial ownership of a parcel. (dd) PERSON shall mean any individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. (ee) POLLUTANT(S) shall mean any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. This term includes any type of industrial, municipal, and agricultural waste discharged into water. The term “pollutant” also means the definition of pollutant in § 502(6) of the Clean Water Act, as amended. Section 502(6) currently defines “pollutant” as: “The term ‘Pollutant’ means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.” This term has also been interpreted to include water characteristics such as toxicity or acidity. (ff) RECEIVING WATER(S) shall mean Waters of the United States and tributaries of Waters of the United States. (gg) REDEVELOPMENT shall mean the creation, addition, and or replacement of impervious surface area on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surface area. Replacement of impervious surface area includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair. (hh) SITE DESIGN BMP or SITE DESIGN BMPs shall mean any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site’s hydrology. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surface area) or to reduce the need for new roads and other impervious surface area (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design are also considered site design BMPs. (ii) SOURCE CONTROL BMP or SOURCE CONTROL BMPs shall mean activities or programs to educate the public or provide low cost non-physical solutions, as well as facility design or practices aimed to limit the contact between pollutant sources and storm water or authorized non-storm water. Examples include: activity schedules, prohibitions of practices, street sweeping, facility maintenance, detection and elimination of IC/IDs, and other non-structural measures. Facility design (structural) examples include: providing attached lids to trash containers, canopies for fueling islands, secondary containment, or roof or awning over material and trash storage areas to prevent direct contact between water and pollutants. (jj) STATE WATER RESOURCES CONTROL BOARD, STATE WATER BOARD, or SWRCB shall also mean the Board members, its Executive Director, and their staff. (kk) STORM DRAIN SYSTEM or STORM WATER CONVEYANCE SYSTEM shall mean all of the property interests owned or leased by the County and used directly or indirectly in the collection, conveyance, transport, storage or disposal of storm water and including but not limited to street gutters, conduits, natural or artificial drains, storm drains, channels, lined diversion structures, basins and watercourses, together with appurtenances, pumping stations, and equipment. (ll) STORM WATER shall mean storm water runoff, snowmelt runoff and surface runoff and drainage pursuant to Title 40 of the CFR, § 122.26(b)(13). (mm) STORM WATER POLLUTION PREVENTION PLAN or SWPPP shall mean a plan to minimize and manage pollutants to minimize pollution from entering the MS4, identifying all potential sources of pollution and describing planned practices to reduce pollutants from discharging off the site. (nn) STRUCTURAL BMP or STRUCTURAL BMPs shall mean any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution, including site design, source control and treatment control BMPs. (oo) SWIMMING POOL is any body of water created by artificial means designed or used for swimming, immersion, or therapeutic purposes. (pp) TREATMENT CONTROL BMP or TREATMENT CONTROL BMPs shall mean any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process. (qq) URBAN RUNOFF shall mean all flows in a storm water conveyance system and consists of the following components: (1) storm water (wet weather flows) and (2) authorized non-storm water discharges (dry weather flows). (rr) USER(S) shall mean any person or entity who discharges into the Storm Drain System. (ss) WATER QUALITY MANAGEMENT PLAN or WQMP shall mean a plan developed to mitigate the impacts of urban runoff from development projects. (tt) WATERS OF THE UNITED STATES shall mean the waters defined in Title 40 of the CFR, § 122.2. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

If any provision, paragraph, word, or section of this Division 5 is invalidated by any court of competent jurisdiction, the remaining provision, paragraphs, words, or sections shall not be affected and shall continue in full force and effect. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

All other provisions of the San Bernardino County Code inconsistent or conflicting with any part of this Chapter are hereby superseded for the purposes of this Chapter to the extent of such inconsistency or conflict. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

The San Bernardino County Board of Supervisors may establish by ordinance more stringent limitations and requirements related to discharges into the Storm Drain System if deemed necessary. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Except as otherwise provided herein, the authorized representative for the County of San Bernardino shall administer, implement and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the authorized representative may be delegated in writing by the authorized representative to persons acting in the beneficial interest of or in the employ of the County of San Bernardino. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Unless otherwise provided herein, any notice required to be given by or to the authorized representative under this Chapter shall be in writing and served in person or by first class or 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. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) Without prior written approval of the authorized representative, no person shall construct or 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 any action that may alter the capacity, fall, or structural integrity of the storm drain, channel or related structure. (b) Permits are required for the construction or modification of any storm drain, or conveyor of storm water or non-storm water, or appurtenant items within: (1) Dedicated public easements, right-of-way, or public place and/or facility; and (2) Private property so as the property may directly or indirectly discharge into the Storm Drain System. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches, and unrestricted sheet flow. (c) It is prohibited to establish, use, maintain, and/or continue any illicit connections to the Storm Drain System. This prohibition applies to connections made in the past, regardless 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. (d) The discharge or diversion of non-storm water is permissible only when connection to the Storm Drain System is made in accordance with a valid County permit, approved construction plan, or a NPDES permit and/or an NOI, and the discharge conforms to the standards of §§ 35.0110 and 35.0111 of the County Code. (e) Any industrial discharger, discharger associated with construction activity, or other discharger subject to a construction/industrial activities storm water general permit or any other NPDES permit issued by any Federal, State, municipal or other government entity or agency shall comply with all requirements of such permit. Upon demand by the County Director, such discharger shall provide the County proof of coverage under such NPDES permit. Proof of coverage under such NPDES permit may also be required prior to issuance of any County permit, including, but not limited to, grading, building, or occupancy permits. Proof of coverage shall be in a form acceptable to the County Director. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

(a) It is prohibited to: (1) Throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, maintained or kept, any refuse, rubbish, garbage, litter 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 unincorporated area of the County, in a manner and place where they may result in an illicit discharge; (2) Throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the unincorporated area of the County; (3) Discharge directly or indirectly into the Storm Drain System any solid, liquid, or gaseous matter, or storm water containing such 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. These discharges include, but are not limited to: (I) Any sediment, settleable, or suspended solid; (II) Any living or dead animal or the biological waste product of domestic animals; (III) Any food or food processing waste; (IV) Any thermal, color, conductive, oxygen demanding or growth inducing waste; (V) Any medical, radioactive, or radiological, chemical or biological warfare agent waste; (VI) Any chemical, salt, organic compound, pesticide or metal waste; (VII) Any hydrocarbon based fuel, oil, lubricant, fluid or additive waste; and (VIII) Any substance designated as a pollutant by State or Federal law or regulation. (4) Discharge non-storm water directly or indirectly into 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 a NPDES permit, a County permit, or is exempted in § 35.0111 of the County Code. If such discharge is permitted by a NPDES permit, but causes the County to violate any portions of its MS4 permit, such discharge is also prohibited. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

(a) Except as described in § 35.0111(b), herein, the following categories of non-storm water discharges are exempt from the discharge prohibitions in § 35.0110 of the County Code, if the discharge does not degrade the Storm Drain System: (1) Discharges composed entirely of storm water; (2) Air conditioning condensate; (3) Irrigation water; (4) Uncontaminated waters from passive foundation drains, passive footing drains, or from crawl space pumps; (5) Non-commercial vehicle washing, for example, residential car washing (excluding engine degreasing) and car washing for fundraisers by non-profit organizations; (6) Dechlorinated swimming pool discharges (cleaning wastewater and filter backwash shall not be discharged into the Storm Drain System or to Waters of the U.S.); (7) Diverted stream flows, provided required permits are obtained; (8) Rising groundwaters and natural springs, if the groundwater is uncontaminated; (9) Uncontaminated groundwater infiltration as defined in Title 40 of the CFR, § 35.2005 (20) and uncontaminated pumped groundwater; (10) Flows from riparian habitats and wetlands; (11) Emergency fire fighting flows; (12) Waters not otherwise containing wastes as defined in Water Code § 13050(d); (13) Non-storm water agricultural discharges that the SWRCB or RWQCB explicitly allows pursuant to a written waiver, waste discharge requirement, or formal policy, provided that the discharger can demonstrate compliance with all relevant permits, waiver or policy conditions to the satisfaction of the SWRCB or RWQCB; and (14) Discharge of trauma scene post-cleanup residues and other discharges provided that it is in conformance with the RWQCB’s conditional waiver of waste discharge requirement. (b) Any discharge category described in § 35.0111(a) that the Authorized Enforcement Officer determines is a significant source of pollutants to Waters of the United States shall be prohibited from entering the Storm Water Conveyance System or receiving waters, or the discharger shall implement BMPs to reduce pollutants in that discharge to the MEP, using the best available technology. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

(a) Owner(s)/user(s), occupant(s) or other person(s) responsible for the daily operation and/or maintenance of each parcel in the unincorporated County shall implement and adhere to good housekeeping BMPs (as presented in the California Department of Transportation (Caltrans) standard construction site BMP fact sheets, or equivalent), to reduce the mobilization of pollutants from their property to the MEP. (b) If the County Director determines that water quality criteria may be compromised by discharges from a parcel or development, the County Director shall have the authority to require BMP implementation until the discharge of storm water and/or non-storm water runoff, or pollutants contained therein, to the Storm Drain System, or the receiving water, has been reduced to the MEP. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

Any user required to obtain a construction/industrial activities storm water general permit or any other any other NPDES general permit shall file a NOI and comply with all conditions set forth therein. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

Spill containment systems, as may be required, shall conform to requirements established by the authorized representative. 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. 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 non-reactive materials to the liquids being contained. Spilled or leaked waste and accumulated precipitation shall be removed from the spill containment system in a timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved in writing by the authorized representative, 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, the storm drain system, or the ground. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

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 County for review, and shall be approved by the authorized representative prior to any construction. All 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. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) In the event of a discharge, it is the responsibility of the user to immediately telephone and notify the County Department of Public Works, Environmental Management Division, and applicable Federal and State offices. (b) The user shall promptly cease and desist, abate and clean up its discharges, spills, or pollutant releases. User shall also abate and clean up its release within 72 hours of notification from an authorized representative of the County. High risk spills shall be cleaned up immediately after the spill. Users shall abate uncontrolled sources of pollutants that could pose an environmental threat within 30 days of notification from an authorized representative of the County. (c) Within five working days following a discharge to the storm drain system, the person or persons in charge of the material discharged shall submit a written report to the authorized representative. The report shall describe in detail the type, volume and cause of the discharge, corrective actions taken or to be taken, and measures to be taken to prevent future occurrences. (d) A user’s compliance with Subdivisions (a), (b), and (c) shall not relieve the user of any fines or civil penalties incurred as a result of such discharge, or any other liability which may be imposed by this Chapter or other applicable laws. (e) Each user shall permanently post a notice in a conspicuous place where notices to employees of the user are customarily posted, advising employees whom to contact in the event of a discharge. Each user shall ensure that all employees are advised of these emergency notification procedures. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4364, passed - -2019)

The authorized representative shall be authorized, with consent of the owner/occupant or with a warrant obtained pursuant to Code of Civil Procedure §§ 1822.50 et seq., to enter and inspect the premises of any user of the storm drain system to determine compliance with the provisions of this Chapter. If such entry is refused or cannot be obtained, the authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises, including a search warrant obtained pursuant to Code of Civil Procedure §§ 1822.50 et seq. Such inspections may include: (a) Conduct inspection, sampling, monitoring, and/or other authorized duties to enforce the provisions of this Chapter; (b) 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 (c) 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. Adequate identification shall be provided by the authorized representative or designated representative, when entering the premises of any user. If the authorized representative has reasonable cause to believe that non-storm water 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 authorized representative 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. 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 County 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 County so that County inspections are not impaired. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) A WQMP shall be prepared and submitted to the authorized representative for all projects subject to this requirement under the applicable MS4 permit. (b) The WQMP shall include proposed structural BMPs as required in the applicable MS4 permit. The WQMP shall be prepared in conformance with the most recently approved SWRCB and/or RWQCB Model WQMP Guidance and template documents and other related guidance documents. (c) In developing a WQMP, the owner(s)/user(s) shall demonstrate that the proposed structural BMPs will infiltrate, and/or adequately treat, the projected storm water and urban runoff for the development project using the design standards for structural BMPs as specified in the applicable MS4 permit. (d) All WQMPs shall include a maintenance schedule for all source control and treatment control BMPs, the owner(s)/user(s), or owner(s) and user(s) (if different), signed statement of responsibility for continued BMP maintenance, and a plan for continued maintenance responsibilities. (e) The owner(s)/user(s), or owner(s) and user(s) (if different), shall remain responsible for such maintenance activities until responsibility is legally transferred in accordance with § 35.0119. Owner(s) shall provide notice of the transfer, sale, deed, or lease to the County Director. (f) The owner(s)/user(s), or owner(s) and user(s) (if different), shall enter into a legally enforceable agreement with County, in which in consideration of project approval and/or connection to the Storm Drain System, the owner(s)/user(s), or owner(s) and user(s) (if different), agree to maintain post-construction source control or treatment control BMPs and other related features. A standard agreement form may be approved by the Board of Supervisors. Individual agreements, using the Board-approved standard agreement form, may be executed by the Chief Executive Officer, the Director of Public Works or other Board designee. This agreement shall be recorded with the County of San Bernardino Assessor-Recorder-County Clerk. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

The transfer, sale, deed, or lease of a parcel that is subject to a requirement for maintenance of structural BMP features, shall include conditions requiring transferee, and transferee’s successors and assigns, to:

(a) Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard; (b) Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the County; (c) Conduct BMP maintenance and inspections as required in the approved WQMP; (d) Ensure that all structural BMP features are inspected at least yearly, and retain proof of such inspections for at least three years; (e) For conditions, covenants, and restrictions for properties which include structural BMP features that are to be maintained by a homeowner’s association, such conditions, covenants and restrictions shall provide for maintenance of the BMP features by the association; (f) Any deed transferring title to said property shall include a reference to owner(s) agreement with County under § 35.0118, which is applicable to owner(s) successors and assigns and the BMP features that are to be maintained by the successor owner; and (g) If property, on which structural BMP features are located, is to be dedicated to a governmental agency, the transferor shall remain responsible for the BMP features until the agency provides a signed assumption of responsibility and conformation that structural BMP features meet agency design standards. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

(a) Any discharger associated with construction activity subject to any NPDES permit issued by the United States Environmental Protection Agency, the SWRCB, or RWQCB, shall comply with all requirements of such permit. Upon demand by County Director, such discharger shall provide County proof of coverage under such permit. Proof of coverage under such permit may also be required prior to issuance of any County permit, including, but not limited to, grading, building, or occupancy permits. Proof of coverage shall be in a form acceptable to the County Director. (b) Any person engaged in construction activity requiring coverage under a NPDES general permit shall retain at the construction site the following documents: (1) A copy of the NOI to comply with the requirements of the NPDES general permit for storm water discharges associated with construction activity; (2) A waste discharge identification number issued by the SWRCB; and (3) A storm water pollution prevention plan for the construction activity requiring a construction NPDES permit. (c) Prior to the issuance of any building or grading permit for the construction of a new development or redevelopment, including those projects for which coverage under the NPDES general permit is not required, the applicant shall evaluate the proposed project to determine its potential to generate an illicit discharge into the Storm Drain System during construction and provide said evaluation to County. The County reserves the right to require conditions be placed upon the issuance of the building or grading permit to minimize the risk of discharge of pollutants into the Storm Drain System. These conditions may include, but are not limited to: (1) Runoff containing sediment, construction waste and other pollutants from construction activity and equipment parking areas shall be reduced to the MEP; (2) Any sediment or other materials tracked off the site by vehicles and equipment shall be removed the same day as they are tracked off site. (3) For painting removal, paint preparation, or sandblasting activities that will result in paint particles entering the air or landing on the ground, BMPs shall be implemented to prevent or minimize to the MEP such particle releases to the environment; (4) Excavated soils shall be located on the site in a manner that minimizes the amount of soil transported into the public right-of-way and/or onto adjoining properties. Soil stockpile BMPs shall be implemented to prevent or minimize to the MEP soil releases to the environment; (5) Drainage controls and BMPs shall be utilized as needed to prevent non-storm water discharges from the site. Depending on the extent of proposed grading and topography of the site, the following features may be required: (I) Detention ponds, sediment ponds, infiltration pits; (II) Dikes, filter berms, ditches; or (III) Downdrains, chutes or flumes. (d) The County may, as a condition of granting a building or grading permit, set forth reasonable limits on the clearing of vegetation from construction sites, including, but not limited to, regulating the length of time during construction activities that grubbed and/or graded areas may be bare and/or unprotected. (e) No person shall wash construction equipment or vehicles that results in a prohibited discharge to the Storm Drain System or County right-of-way under County Code § 35.0110. No person shall allow non-storm water from a construction site to runoff into the County’s Storm Drain System or right-of-way. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012) § 35.0121 Inspection Requirements Mandated by Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2010-0036 (NPDES Permit No. CAS618036) and the California State Water Resources Control Board, Order No. 2013-001-DWG (NPDES Permit No. CAS000004). (a) The requirements of Subdivisions (a)(1) through (a)(4) are mandated by Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES Permit No. CAS618036), Sections X and XI, and are applicable to all pertinent activities within the unincorporated geographical area denoted within said permit. (1) Section X of NPDES Permit No. CAS618036 mandates the regular inspection of all commercial, industrial and municipal facilities. All commercial, industrial and municipal facilities within the unincorporated region of the County shall be inspected as provided in Section X of NPDES Permit No. CAS618036. As these inspections are performed by the County, and as set forth in § 16.0101 of the County Code, the County has established a schedule of fees for these services. The schedule of fees for these services is found in § 16.0225(d) of the County Code. (A) The owner(s) and/or user(s) shall submit the applicable fees to the County for the regular periodic site inspection as listed in § 16.0225(d)(1)(A) of the County Code. (B) Should follow-up site inspections by County representatives be required, the owner(s) and/or user(s) shall submit the applicable fees to the County as listed in § 16.0225(d)(1)(B) of the County Code. This fee shall apply for each and every follow-up site inspection event. (C) Facilities which require inspection will be categorized based on the latest requirements of NPDES Permit No. CAS618036. All high-priority facilities shall be inspected at least once per year; all medium-priority facilities shall be inspected at least once every two years; and all low-priority facilities shall be inspected at least once during the term of NPDES Permit No. CAS618036. (2) Section XI of NPDES Permit No. CAS618036 mandates that WQMP post-construction BMPs be inspected, prior to the rainy season, within three years after project completion and every three years thereafter. All projects that are within the unincorpora

t least once every two years; and all low-priority facilities shall be inspected at least once during the term of NPDES Permit No. CAS618036. (2) Section XI of NPDES Permit No. CAS618036 mandates that WQMP post-construction BMPs be inspected, prior to the rainy season, within three years after project completion and every three years thereafter. All projects that are within the unincorporated region of the County and are subject to the requirements of Section XI of NPDES Permit No. CAS618036 shall be inspected as provided in NPDES Permit No. CAS618036. (A) The owner(s) and/or user(s) shall submit any applicable fees to the County for the regular periodic site inspection of the WQMP post-construction BMPs. (B) Should follow-up site inspections by County representatives of WQMP post-construction BMPs be required, the owner(s) and/or user(s) shall submit any applicable fees to the County. (3) For inspections required by NPDES Permit No. CAS618036, the authorized representative (with consent of the owner/user or occupant, or a warrant if required) may inspect a property or facility pursuant to § 35.0117. Such inspections may include the elements identified in § 35.0117, as well as: (A) Investigating the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Drain System located within the jurisdiction of the County; (B) Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises; (C) Identifying points of discharge of all storm water, waste water, non-storm water, processed water systems and pollutants; (D) Investigating the natural slope of the premises, including drainage patterns and manmade conveyance systems; (E) Locating any illicit connection or illicit discharge; (F) Investigating and inspecting a vehicle, truck, trailer, tank truck or other mobile equipment; (G) Reviewing and inspecting all records of the owner(s) and/or user(s) and/or occupant(s) of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, construction/industrial activities storm water general permit or any other NPDES general permit, storm water pollution prevention plans, monitoring program plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the Storm Drain System; (H) Inspecting, sampling, and testing any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contributions of pollutants to the Storm Drain System; (I) Inspecting the integrity of all storm drain and sanitary sewer systems, any connections to other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys; taking photographs or videotapes, and making measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises; (J) Installing and maintaining surveillance and monitoring systems for the purpose of measuring any discharge or potential source of discharge to the Storm Drain System; (K) Reviewing 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; (L) Evaluating compliance with this Chapter and/or the Clean Water Act and applicable State law, and all regulations thereto; and (M) Field verification of post-construction BMPs as provided in Section XI of NPDES Permit No. CAS618036.

(4) The Authorized Enforcement Officer shall provide to the owner(s) and/or user(s) a written summary of the inspection denoting compliance or issues of non-compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit. Should the Authorized Enforcement Officer denote issues of non-compliance, the Authorized Enforcement Officer shall also provide a written listing of corrective actions to be taken by the owner(s) and/or user(s) to bring the facility into compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit, and a date by which such corrective actions shall be completed. (b) The requirements of Subdivisions (b)(1) and (b)(2) are mandated by California State Water Resources Control Board Water Quality Order No. 2013-001-DWQ (NPDES Permit No. CAS000004), Section E.12, and are applicable to all pertinent activities within the unincorporated geographical area denoted within said permit. (1) Section E.12 of NPDES Permit No. CAS000004 mandates that WQMP post-construction BMPs be inspected and self-certified by the owner(s) and/or user(s) and the results of said inspections and certification reported to the County on an annual basis. The County is mandated to then perform an assessment of each annual self-certification report. All projects that are within the unincorporated region of the County and are subject to the requirements of Section E.12 of NPDES Permit No. CAS000004 shall be inspected, certified and assessed as provided in NPDES Permit No. CAS000004. Should the County’s assessment determine that the annual report of the owner(s) and/or user(s) is insufficient, or if the owner(s) and/or user(s) fails to submit a report to the County, the County may, at its discretion, perform the required inspection and certification tasks. If the County determines that additional inspections are required to verify compliance with the requirements of Section E.12 of the NPDES Permit No. CAS000004, the County may, at its discretion, perform additional follow-up site inspections to verify compliance. The owner(s) and/or user(s) shall be responsible for the payment of any applicable fees for these services. (A) The owner(s) and/or user(s) shall submit any applicable fees to the County for site inspection of WQMP post-construction BMPs performed by the County. (B) Should follow-up site inspections by County representatives of WQMP post-construction BMPs be required, the owner(s) and/or user(s) shall submit any applicable fees to the County. (2) For inspections required by NPDES Permit No. CAS000004, the authorized representative (with consent of the owner(s) and/or user(s) and/or occupant(s), or a warrant if required) may inspect a property or facility pursuant to § 35.0117. Such inspections may include the elements identified in § 35.0117, as well as: (A) Investigating the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Drain System located within the jurisdiction of the County; (B) Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises; (C) Identifying points of discharge of all storm water, waste water, non-storm water, processed water systems and pollutants; (D) Investigating the natural slope of the premises, including drainage patterns and manmade conveyance systems; (E) Locating any illicit connection or illicit discharge; (F) Investigating and inspecting a vehicle, truck, trailer, tank truck or other mobile equipment; (G) Reviewing and inspecting all records of the owner(s) and/or user(s) and/or occupant(s) of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, construction/industrial activities storm water general permit or any other NPDES general permit, storm water pollution prevention plans, monitoring program plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the Storm Drain System; (H) Inspecting, sampling, and testing any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contributions of pollutants to the Storm Drain System; (I) Inspecting the integrity of all storm drain and sanitary sewer systems, any connections to other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys; taking photographs or videotapes, and making measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises; (J) Reviewing 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; (K) Evaluating compliance with this Chapter and/or the Clean Water Act and applicable State law, and all regulations thereto; and (L) Field verification of post-construction BMPs as provided in Section E.12 of NPDES Permit No. CAS000004. (3) The authorized representative shall provide to the owner(s) and/or user(s) a written summary of the inspection denoting compliance or issues of non-compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit. Should the authorized representative denote issues of non-compliance, the authorized representative shall also p

tion E.12 of NPDES Permit No. CAS000004. (3) The authorized representative shall provide to the owner(s) and/or user(s) a written summary of the inspection denoting compliance or issues of non-compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit. Should the authorized representative denote issues of non-compliance, the authorized representative shall also provide a written listing of corrective actions to be taken by the owner(s) and/or user(s) to bring the facility into compliance with this Chapter, a NPDES permit, applicable MS4 permit, or a County permit, and a date by which such corrective actions shall be completed. (c) In the event of a conflict between the requirements identified in other sections of this Chapter and this Section, the terms of this Section control. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012; Am. Ord. 4364, passed - -2019)

Whenever the authorized representative finds that any user has violated or is violating any provision of this Chapter, a NPDES permit or County permit, the authorized representative may serve upon such person a written notice stating the nature of the violation and stating the penalties for continued non-compliance. If required in the notice, the user shall submit to the authorized representative, within a prescribed period specified in the notice, which period shall not be less than ten 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. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Any violation of this Chapter which results in a threat to public health, safety and welfare is a public nuisance. Such public nuisance may be summarily abated and/or remediated by the authorized representative in any manner permitted by law. The cost of such abatement or remediation shall be borne by the owner of the property or user causing the violation. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the County or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this Chapter, shall have violated this Chapter. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) Any user may request in writing from the Authorized Enforcement Officer within ten days from the issuance of a notice of violation pursuant to § 35.0122 or an administrative order pursuant to § 35.0126, or the Authorized Enforcement Officer 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. The administrative hearing shall be held within 60 days of the request or order and shall be before the County Director or his or her designee. The hearing officer shall not be the Authorized Enforcement Officer who issued the notice of violation pursuant to § 35.0122 or the administrative order pursuant to § 35.0126 or their immediate supervisor. In the alternative, the County, through the County’s contracting process, may contract with a qualified provider for administrative processing and collection services to provide hearing officers to conduct administrative hearings. At the administrative hearing, user and the Authorized Enforcement Officer 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 in the manner provided in § 35.0108, at least ten working days before the hearing. Service may be made on any agent or officer of the user. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

The authorized representative may require compliance with this Chapter or NPDES permit or County permit by issuing written administrative orders. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders. (a) Stop Work Order. The authorized representative 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) A County permit is required and no permit has been granted by the County; (2) Work has begun without necessary prior written approval by the authorized representative; or (3) 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 authorized representative. (b) Cease and Desist Order. When the authorized representative finds that any industrial/commercial user has violated or threatens to violate any provisions of this Chapter or NPDES permit or

County permit the authorized representative may issue a cease and desist order directing the user to: (1) Comply immediately; or (2) 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 or submission of self-monitoring reports. (c) Termination of Service. When the authorized representative finds any industrial/commercial user has violated an administrative order, the authorized representative 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 County. Storm drain service shall be re-instituted by the authorized representative after the user has complied with all the provisions of the administrative order. The user shall also be liable for all costs for re-instituting storm drain service. (d) Immediate Termination of Service. The authorized representative may immediately suspend storm drain service and any County permit when such suspension is necessary, in the opinion of the authorized representative, to stop an actual or threatened discharge which presents or may present an imminent and substantial endangerment to the health or welfare of persons or the environment, or which significantly causes pollution to the receiving waters, ground water and natural water courses of the County. Any industrial/commercial user notified that storm drain service NPDES permit or County permit has been suspended shall immediately stop and eliminate the applicable discharges to the storm drain system. In the event of failure to comply voluntarily with the suspension order, the authorized representative 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 County in terminating storm drain service. Storm drain service may be re-instituted by the authorized representative 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 discharge and the measures to prevent any future occurrence shall be submitted to the authorized representative within 15 working days of the date of storm drain service termination. 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 submitted by the user would allow the user to cause harm to the receiving waters and/or County storm drain system. 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 does not comply with the applicable Federal guidelines. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) If any person violates the provisions of this Chapter, Federal or State NPDES permit, MS4 permit, or County permit or any order of the County, the County may commence an action for appropriate legal, equitable or injunctive relief in the courts of the County or other appropriate court. (b) In any civil action brought by the County, including, but not limited to, a proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney’s fees and costs of enforcement may be recovered by the prevailing party. Such recovered attorney’s fees shall not exceed the amount of reasonable attorney’s fees incurred by the County in that action or proceeding (Government Code § 25845). Costs of enforcement shall include, but not be limited to, administrative costs and any and all costs incurred in the physical abatement of any nuisance and any and all costs incurred by the County in the correction or remedying of a violation of this Code, and including any related appeal to an administrative body or court or an appellate court. Notwithstanding the above language, no attorney’s fees shall be recovered in any administrative proceeding held pursuant to § 11.0208 of the County Code or any related appeal to a court or appellate court. (c) As an alternative to the criminal or civil enforcement of this Chapter, all violations of this Chapter may be subject to enforcement through the use of administrative citations in accordance with Government Code § 53069.4 and this Section, and in the same manner and under the same authority as provided in § 11.0208 of the County Code. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)

The industrial/commercial user may be fined a sum not to exceed $2,500.00 for each offense. 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 Article, the County may recover all reasonable attorney’s fees, court costs, court reporters’ fee and other expenses of litigation against the person found to have violated this Chapter, NPDES permit, County permit, or the orders, rules, regulations and permits issued under this Chapter. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

(a) Any person who willfully 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 shall be guilty of an infraction or misdemeanor as hereinafter specified. (b) Each day or portion thereof such violation is in existence shall be a new and separate offense. (c) Any person so convicted shall be: (1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense; (2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense. (3) Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both. (d) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. (e) Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Any person, entity, or user who, by violation of this Chapter, causes any damage to the storm drain system, including the imposition of fines or penalties on the County by Federal, State or local regulatory agencies, shall be liable to the County for all such damages, costs, fines, and penalties incurred by the County. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Any decision of the authorized representative or the administrative hearing officer may be appealed to the Board of Supervisors by giving notice, in the manner provided by § 35.0108, to the authorized representative within ten days of receipt of said decision. The Board of Supervisors may, at its discretion, appoint a county hearing officer pursuant to Chapter 27 of Division 2 of Title 1 of the San Bernardino County Code (commencing with § 12.2700) to conduct the hearing. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)

Whenever the authorized representative finds any nonpermitted or prohibited discharge, in or upon any parcel of land, which may result in illegal discharges to the storm drain system, the authorized representative may give notice to remediate such discharge. Any user who receives such a notice shall undertake the remediation activities as described in the notice. (Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994) DIVISION 6: (REPEALED BY ORD. 3105, PASSED - -1986)