Upland Municipal Code Art. I Purpose—Findings

A. The purpose of the environmental quality enterprise is to provide guidelines, regulations and funds to meet all stated goals and objectives of the Federal Clean Water Acts of 1972 and 1977 and the Federal Water Quality Act of 1987, as such apply to the city, as well as providing for full compliance with all applicable requirements of the state of California Water Resources Control Board, as implemented by the California Regional Water Quality Control Board, Santa Ana Region.

B. The primary responsibilities of this enterprise shall be to prevent, reduce and eliminate pollution of water resources, including restoration, preservation and enhancement thereof and to protect human health and the environment. The enterprise shall develop and operate a comprehensive program for water pollution control and shall be structured to prevent, reduce and/or eliminate pollution effects originating in the city, which effects would be on both the surface waters and the groundwaters of the region. Further, the program shall endeavor to improve the sanitary condition of surface and underground waters.

C. More specifically, the ordinance codified in this chapter is adopted to achieve the following objectives:

1. To provide for the beneficial use of the public sewer and stormwater drainage systems through the regulation of their construction and use;

2. To provide for equitable distribution of the cost of the public sewer and storm drainage system, wastewater pretreatment and stormwater pollution abatement programs, and all related services through the establishment of fair and equitable fees and charges;

3. To establish local discharge limits for pollutants that may interfere with, upset, or pass through the regional sewage treatment plant; adversely affect the public sewer system or environment; or cause the city to violate the regional contract and/or agreements;

4. To regulate users of the community sewer system through the issuance of permits;

5. To eliminate non-stormwater discharges to the city's stormwater drainage system;

6. To control spills, dumping or discharge of materials other than stormwater into the stormwater drainage system;

7. To reduce pollutants in stormwater discharges to the maximum extent practicable;

8. To protect and enhance water quality of our watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act to the maximum extent practicable; and

9. To establish penalties for violations of the provisions of this chapter.

D. In the development of the program, due regard shall be given to the improvements and facilities which shall be necessary to attain these objectives in a manner pursuant to and consistent with the Clean Water Act.

E. The environmental quality enterprise program shall include, but not be limited to, the collection, regulation, treatment and reclamation of domestic and nondomestic wastewater, management of stormwater runoff and recharge basins, and the monitoring and protection of that portion of the underground water basin that could be affected by the overlying closed and inactive Upland sanitary landfill.

(Prior code § 5820.1)

Except as otherwise provided in this chapter, the public works director shall administer, implement and enforce the provisions of this chapter. Whenever any power is granted to, or a duty is imposed on the public works director, the power may be exercised or the duty may be performed by a person authorized or designated by the public works director.

(Prior code § 5820.2)

This chapter shall apply to all users of the city's sewerage and storm drainage facilities within the city, and to persons outside the city who are by permit, contract or agreement with the city, users of the city's sewerage or storm drainage facilities.

(Prior code § 5820.3)

All funds and moneys received from the collection of service utility charges as herein established shall be deposited with the city's finance director, who shall establish and maintain a separate fund and account to be known as the environmental quality enterprise fund. Such fund shall conform to governmental accounting principles for enterprise funds. The moneys of such fund shall be used only for the acquisition, construction, reconstruction, maintenance and operation of facilities identified in Section 13.32.010 and to repay principal and interest on bonds issued for the construction or reconstruction of such facilities and to repay federal or state loans or advances made to the city for the construction of such facilities. Revenues shall not be used for the acquisition or construction of new facilities designed to increase capacity of the sewer collection system.

(Prior code § 5820.4)

Notwithstanding any provision of this code, including, but not limited to, the provisions of this chapter, shall be interpreted and applied to ensure that each lawful requirement set forth in the National Pollution Discharge Elimination System Permit or successor permit issued by the Regional Water Quality Control Board, Santa Ana Region is complied with.

Waste discharge requirements related to the NPDES program, as ordered by the Santa Ana Regional Water Quality Control Board shall be applied to all project and permit applications identified in the NPDES permit or successor permits, including any applicable requirements relating to the development or redevelopment of property within the city and its jurisdiction.

(Prior code § 5820.5; Ord. 1858 § 2, 2011)