San Bernardino Municipal Code Art. 2 General Conditions and Prohibitions

The City Engineer shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the City Engineer may be delegated by the City Engineer to persons authorized by the City Engineer and in the employ of the city.

This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the city’s storm water drainage system, and to dischargers outside the city who, by agreement with the city, utilize the city’s storm water drainage system.

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

(A) The discharge or diversion of storm water or non-storm water is permissible when the connection to the city’s storm water drainage system is made in accordance with a valid construction permit, approved construction plan and, if applicable, an NPDES storm water permit and the discharge is not prohibited under § 8.80.206.

(B) (1) It is prohibited to establish, use, maintain and/or continue any illicit connection to the city’s storm water drainage system. This prohibition is retroactive and applies to connections made in the past, regardless of whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.

(2) Construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:

(a) Dedicated easements, rights-of-way or public place and/or facility; or

(b) Private property so as it may, directly or indirectly, discharge into the city’s storm water drainage system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches and unrestricted sheet flow.

Without the prior written approval of the City Engineer, no person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the city’s storm water drainage system, including any action which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures.

It is prohibited to:

(A) Discharge non-storm water, directly or indirectly, to the city’s storm water drainage system, or any street, lined or unlined drainage channel which leads to the city’s storm drain or directly or indirectly into any waters of the state unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in § 8.80.207. If such discharge is permitted by a NPDES permit or is generally exempted, but causes the city to violate any portion of its NPDES permits for storm water discharges, such discharge is also prohibited;

(B) Discharge storm water into the city’s storm water drainage system containing pollutants that have not been reduced to the maximum extent practicable;

(C) Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any refuse, garbage, sediment or other discarded or abandoned objects, articles and accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant;

(D) Throw or deposit any refuse, garbage or any other pollutant into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city; and

(E) Discharge any of the following types of waste into the city’s storm water drainage system:

(1) Sewage;

(2) Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations and vehicle service businesses or any other business;

(3) Discharges resulting from the cleaning, repair or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing and the like;

(4) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning and the like;

(5) Wastewater from cleaning municipal, industrial, commercial and 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 and the like;

(6) Storm water runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment;

(7) Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine;

(8) Pet waste, yard waste, debris, sediment and the like;

(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 and the like;

(10) Chemicals or chemical waste;

(11) Medical wastes;

(12) Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems;

(13) Materials or chemical substances that cause damage to the city’s storm water drainage system; and

(14) Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city’s storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction.

(A) The following discharges of non-storm water into the city’s storm drainage system are generally exempt from the prohibited discharges listed in § 8.80.206. However, divisions (A)(12) through (A)(22) below have been identified as potential significant sources of pollutants and require coverage under the regional board’s de minimus permit as well as prior approval by the City Engineer before discharge (see *note below):

(1) Discharges covered by NPDES permits or written clearances issued by the Regional or State Board;

(2) Landscape irrigation, lawn watering and irrigation water;

(3) Water from crawl space pumps;

(4) Air conditioning condensation;

(5) Non-commercial car washing;

(6) Rising ground waters and natural springs;

(7) Ground water infiltration, as defined in 40 C.F.R. § 35.2005(b)(20), and uncontaminated pumped ground water;

(8) Water flows from riparian habitats and wetlands;

(9) Water flows generated from emergency response and/or firefighting activities; however, appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency firefighting flow;

(10) Waters not otherwise containing wastes, as defined in Cal. Water Code, § 13050(d);

(11) Other types of discharges identified and recommended by the city and approved by the Regional Water Quality Control Board;

(12) *Potable water line testing or flushing and other discharges from potable water sources;

(13) *Water from fire hydrant testing and flushing using appropriate BMPs;

(14) *Water from passive foundation drains or passive footing drains;

(15) *Dechlorinated swimming pool discharges;

(16) *Diverted stream flow;

(17) *Wastes associated with well installation, development, test pumping and purging;

(18) *Aquifer testing wastes;

(19) *Discharges from hydrostatic testing of vessels, pipelines, tanks and the like;

(20) *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs and the like;

(21) *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs and the like; and

(22) *Discharges from potable water supply systems resulting from system failures, pressure releases and the like.

*Note: The city requires that a “non-storm water discharge notification form” be submitted to the Development Services Department for approval of these discharges, five days prior to any planned discharges or, as soon as possible, for any unplanned discharges. The notification form is available from the Development Services Department counter. Monitoring may also be required for these discharges.

(B) The Regional Board may issue waste discharge requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer of the Board may also add categories of non-storm water discharges that are not significant sources of pollutants or remove categories of non-storm water discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges above would be adjusted accordingly.

Any person undertaking any activity or operation in the city that could potentially cause or contribute to storm water pollution or a discharge of non-storm water shall comply with all applicable best management practices (“BMPs”) as listed in the “California Storm Water Best Management Practice Handbooks” or the current county storm water program’s “Report of Waste Discharge” to reduce pollutants in storm water runoff and reduce non-storm water discharges to the city’s storm water drainage system to the maximum extent practicable or to the extent required by law.

If a discharger has the potential to introduce pollutants into the city’s storm water drainage system or is exceeding EPA parameter benchmark values, the city may require the installation of appropriate storm water treatment equipment or devices. These devices shall reduce pollutant constituents to the degree of reduction attainable through the application of the best management practices to the maximum extent practicable. Any required treatment equipment or devices shall be provided, operated and maintained at the expense of the discharger. Detailed plans showing the treatment device and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction or installation of the equipment. The review and approval of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to treat storm water runoff or prevent the introduction of storm water pollutants to comply with this chapter.

A discharger shall have an affirmative defense in any action brought against it alleging a violation of § 8.80.206 where the discharger can demonstrate it did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause violation of this chapter or the areawide urban storm water runoff permit.

(A) Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the City Engineer and federal, state and county standards. Persons storing any other materials or equipment that are potential sources of storm water pollution are also required to install spill containment.

(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. Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of storm water 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 24-hour, 25-year rainfall event, plus 10% of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non-reactive materials to the materials and/or wastes being contained. Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system.

(C) 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, storm water drainage system or onto the ground.

(A) Protection of the city’s storm water drainage system from the accidental discharge of prohibited materials or wastes is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Engineer 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 discharges released into the city’s storm water drainage system, including a street or gutter, shall be immediately reported to the City Development Services 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 State Regional Water Quality Control Board within 24 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 1,000 gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within 24 hours.

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

(A) The City Engineer, or his or her designated representative, shall be authorized, at any reasonable time, to enter the premises of any discharger to the city’s storm water drainage system to determine compliance with the provisions of this chapter, and to:

(1) Conduct inspection, monitoring and/or other authorized duties to enforce the provisions of this chapter;

(2) Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and

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

(B) The City Engineer, or his or her designated representative, shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the City Engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

(C) If the City Engineer has reasonable cause to believe that non-storm water discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the City Engineer shall have the right to immediately enter and inspect said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained.

(D) Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, the City Engineer, or his or her designated representative(s), shall be permitted to enter the premises without delay, for the purpose of performing his or her authorized duties. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that the inspection is not impaired.