San Bernardino Municipal Code Art. 5 Construction Requirements

(A) Prior to the issuance of any grading or building permit, all qualifying land development/ redevelopment projects shall submit and have approved a storm water quality management plan (“SWQMP”) to the City Engineer on a form provided by the city. The SWQMP shall identify all BMPs that will be incorporated into the project to control storm water and non-storm water pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects covered by the NPDES general construction permit as well as construction projects less than one acre.

(B) Qualifying development/redevelopment projects include:

(1) Home subdivisions of ten units or more. This includes single-family residences, multi-family residences, condominiums, apartments and the like;

(2) Commercial developments of 100,000 square feet or more. This includes non-residential developments, such as hospitals, educational institutions, recreational facilities, mini-malls, hotels, office buildings, warehouses and light industrial facilities;

(3) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532 through 7534, 7536 through 7539);

(4) Food service businesses developing 5,000 square feet or more of land area;

(5) All hillside developments on 10,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25% or more;

(6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas such as areas designated in the ocean plan as areas of special biological significance or water bodies listed on the list of impaired waters at § 303(d) of the Act, being 33 U.S.C. § 1313(d);

(7) Parking lots of 5,000 square feet or more exposed to storm water. PARKING LOT is defined as land area or facility for the temporary storage of motor vehicles; and

(8) All redevelopment projects adding 5,000 square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots and the like.

(A) Any developer/owner engaging in construction activities which disturb one acre or more of land shall apply for coverage under the general storm water permit for construction activity with the State Water Resources Control Board (“SWRCB”). Any developer/owner engaging in construction activities which disturb less than one acre but are part of a larger common plan of development or sale that is greater than one acre must also apply for coverage under the general storm water permit for construction activity with the State Water Resources Control Board (“SWRCB”). CONSTRUCTION ACTIVITY includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures and reconstruction of existing facilities, involving removal and replacement that results in soil disturbance. The owner of the land where the construction activity is occurring is responsible for obtaining coverage under the permit. Owners may obtain coverage under the general permit by completing a “notice of intent” form (“NOI”) and mailing the form along with a vicinity map and the appropriate fee to the office of the State Water Resources Control Board. The NOI form and checklist of items to submit to the state is available from the State Water Resources Control Board in Sacramento, California or from the City Development Services Department. In addition, the owner shall also prepare a storm water pollution prevention plan (“SWPPP”) in accordance with state requirements.

(B) Prior to obtaining any city-issued grading and/or construction permits, the developer/owner shall provide evidence of compliance with the general construction permit by providing a copy of the waste discharger’s identification number (“WDID”) to the City Development Services Department.

(A) Discharges of non-storm water from construction activities are generally prohibited except for those discharges listed in § 8.80.207 or any discharges authorized by the City Engineer or the Regional Water Quality Control Board (“RWQCB”). The city and the RWQCB will allow the discharge of certain non-storm water discharges from construction sites provided that they are in compliance with the discharge limitations specified in the current general waste discharge requirements for de minimus discharges issued by the Regional Water Quality Control Board, Santa Ana Region.

(B) The following discharges are authorized provided they are in compliance with the permit:

(1) Construction dewatering wastes;

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

(3) Aquifer testing wastes;

(4) Dewatering wastes from subterranean seepage, except for discharges from utility company vaults;

(5) Discharges resulting from hydrostatic testing of vessels, pipelines, tanks and the like;

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

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

(8) Discharges from potable water supply systems resulting from system failures, pressure releases and the like; and

(9) Discharges from fire hydrant testing or flushing.

(A) (1) Authorized non-storm water discharges under § 8.80.503 shall be reported to the City Engineer at least five days prior to a planned discharge. Unplanned discharges of non-storm water into the city’s storm drainage system shall be reported as soon as possible and before any discharge is initiated. The City Development Services Department shall provide a “non-storm water discharge notification form” for any developer that is proposing to discharge any non-storm water from a construction site. The non-storm water discharge notification form must be submitted to the Development Services Department for these discharges, at least five days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring may also be required for these discharges.

(2) If the city provided form is not utilized, a report shall be submitted prior to discharge which includes the following information:

(a) Type of proposed discharge;

(b) Estimated average and maximum daily flow rate;

(c) Frequency and duration of discharge;

(d) A description of the proposed treatment system (if appropriate); and

(e) A description of the path from the point of discharge to the nearest storm drain inlet.

(B) All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first 30 minutes of each discharge and weekly thereafter for continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other required constituents shall be reported to the City Development Services Department on a weekly basis.

All construction projects which could potentially have an adverse impact on the city’s storm water drainage system or waters of the state shall install and/or implement appropriate construction and post-construction BMPs, as listed in their SWQMP or the “California Storm Water Best Management Practice Handbook,” to reduce pollutants to the maximum extent practicable or to the extent required by law.