San Bernardino Municipal Code Art. 4 Industrial and Commercial Requirements

All non-storm water discharges associated with industrial and commercial activities that discharge into the city’s storm water drainage system are prohibited except as permitted by an individual user’s NPDES storm water permit or § 8.80.207.

(A) All businesses who own or operate facilities described in 40 C.F.R. § 122.26(b)(14)(i) through (b)(14)(xi) are required to obtain coverage under the state’s general permit for discharges of storm water associated with industrial activities, at least 14 days prior to the startup of business activities. 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”). The SWRCB also requires the listed businesses to prepare a storm water pollution prevention plan (“SWPPP”), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOI form are available from the City Development Services Department.

(B) The city requires that all businesses that have filed an NOI for coverage under the state’s general permit and have received a waste discharge identification number (“WDID”) from the State Water Resources Control Board, either mail, fax or hand deliver a copy of the WDID letter from the state to the Development Services Department as proof of filing.

(A) Businesses who own or operate facilities described in 40 C.F.R. § 122.26(b)(14)(xi) may prepare a “notice of non-applicability” in lieu of an NOI if they can certify on this 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 storm water runoff.

(B) The “notice of non-applicability” must document all of the following:

(1) All prohibited non-storm water discharges have been eliminated or otherwise permitted;

(2) All significant materials related to industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water discharges;

(3) All industrial activities and industrial equipment are not exposed to storm water or authorized non-storm water discharges; and

(4) There is no exposure of storm water to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates.

(C) Businesses in this category are required to submit the notice of non-applicability to the local office of the State Regional Water Quality Control Board, Santa Ana Region, 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 non-applicability” form are available from the City Development Services Department.

(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 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. All structural controls shall also be maintained to effectively prevent pollutants from contacting storm water or remove pollutants from storm water runoff to the maximum extent practicable. Maintenance records for structural 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 are not functioning as designed or are not effective in reducing storm water pollutants or non-storm water discharges to the maximum extent practicable, the city will require that the control device be repaired, rebuilt or replaced.