Upland Municipal Code Art. IV Stormwater Drainage Management

As used in this article:

"Average stormwater drainage"

means the average amount of stormwater runoff which enters the storm drain system from a property or premises, based on runoff factors established by the San Bernardino Flood Control District (SBCFCD).

"BMP"

means best management practices or any best management guidelines, or best management requirements as adopted by any federal, state, regional or local agency.

"Business"

means an industrial or commercial enterprise.

"Construction activity"

means any activity as defined by the State Water Resources Control Board (SWRCB) or the California Regional Water Quality Control Board, Santa Ana Region (CRWQCBSAR), that necessitates securing an NPDES permit or filing a notice of intent (NOI) for coverage under the general permit.

"Developed parcel"

means any lot or parcel of land altered from its natural state by the construction, creation and addition of impervious areas, except public streets or highways.

"Illegal discharge" or "illicit discharge"

means any discharge to the stormwater drainage system that is not composed entirely of stormwater except discharges as permitted by this chapter.

"Illicit connection"

means any connection to the stormwater drainage system that is not permitted pursuant to an existing NPDES or written approval by the city.

"National Pollutant Discharge Elimination System" or "NPDES"

means a national program with a discharge permit issued to manage stormwater runoff to control water quality impacts to receiving water bodies.

"NOI"

means a notice of intent to comply with an adopted NPDES permit, particularly the state general permit for stormwater discharges associated with industrial activity.

"Non-stormwater discharges"

means any discharge that is not entirely composed of stormwater and that originates on or traverses any property.

"Occupant"

means the tenant, renter or lessee of property who is the recipient of other utility services provided by the city and who is responsible by utility application, agreement or by other means for the payment of said utility service.

"Owner"

means the legal owner of the parcel of real property, except when the legal owner of the real property is such due to the holding of a mortgage, note or other such security, in which case the owner shall be deemed to be the beneficial owner of the parcel of real property.

"Parcel"

means the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the San Bernardino County tax assessor.

"Pollutant"

means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into the water.

"Receiving waters"

means all waters of the United States of America and its tributaries that are used for recreational or other purposes; from which fish or shellfish are taken; or which are used for industrial purposes by industries in interstate commerce.

"Stormwater"

means stormwater runoff, snow melt runoff, and surface runoff and drainage.

"Stormwater drainage system," "storm drain system"

means all of the property involved in the operation of the storm drainage collection and disposal system for the city, including but not limited to, conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment.

"Stormwater pollution abatement charge"

means the monthly charge assessed to the owners and/or occupants of developed parcels of land within the city for the purpose of controlling, minimizing and/or abating the pollution in stormwater runoff.

"Stormwater pollution prevention plan"

means the plan as described in the general permit as issued by the State Water Resources Control Board (SWRCB) on August 20, 1992 and its amendments.

"Stormwater runoff"

means the excess water of the community received by the stormwater drainage system. From the standpoint of source, it may be a combination of the runoff from residences, commercial buildings, industrial plants and institutions, together with any groundwater and surface water that may be present.

"Stormwater runoff factor" or "runoff factor"

means a number that represents the amount of average stormwater drainage from a parcel for a particular land use. For purposes of this chapter, these factors will be as established by the San Bernardino Flood Control District under the area-wide stormwater management and NPDES permit program.

(Prior code § 5880.1)

A. The city council, by an ordinance approved by two-thirds vote, may prescribe, revise and collect fees, tolls, rates, rentals or other changes for services and facilities furnished by it, either within or without its territorial limits in connection with the city's stormwater drainage system.

B. Except for those parcels expressly exempt under federal or state law or under Section 13.32.390(C), there is imposed on each and every developed parcel of land within the city, and the owners and occupiers thereof, jointly and severally, a stormwater utility fee as established under Section 13.32.390 of this chapter. This fee is assessed to pay for services required under the Federal Clean Water Act and is deemed reasonable and necessary.

C. Revenues derived under the provisions of this section shall also be used for the acquisition, construction, maintenance and operation of stormwater facilities and stormwater pollution abatement activities; to repay principal and interest on bonds issued for the construction, reconstruction, maintenance and operation of such stormwater facilities; and to repay federal or state loans of advances made by the city for the construction or reconstruction of stormwater facilities.

(Prior code § 5880.2)

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Editor's Note: Prior ordinances contained in Sections 5880.2 through 5880.7 include portions of Ordinance No. 1573.

A. Stormwater utility fees may be collected with the fees for any other utility service furnished by a department or agency of the city, or with a publicly or privately owned public utility with the written consent and agreement of such department, agency or public utility owner. Such agreement, at the discretion of such department, agency or public utility owner making the collections, also may provide that the fee shall be itemized, billed upon the same bill and separately stated from the other utility service charges.

B. The fees established in Section 13.32.390 shall be paid to the city by the owner or occupier of each and every developed parcel in the city, whoever is the primary utility rate payer of the other city utility services. The stormwater utility fee shall be billed upon the same bill as prepared for water and/or sewer service charges and shall be due and payable at the same time as such charges for water and/or sewer services.

C. If a developed parcel does not have a utility account with the city on the effective date of the ordinance codified in this section, a new account shall be established for that parcel and billed to the owner of the parcel as shown in the latest county assessor's property tax rolls.

D. When an undeveloped parcel is developed, a new account shall be established and billed to the owner of that parcel as shown on the latest county assessor's property tax rolls.

E. The property owner of a newly developed parcel shall have responsibility for payment of the stormwater utility fee until such time as other city utility services are provided to the parcel and a primary utility account is established for payment responsibility with the occupier of said property.

F. The finance division shall include the amount of the fee on bills for utilities against the respective real properties, lots and parcels of land. Thereafter, the fee shall be collected at the same time and in the same manner and together with and not separately from the other utilities or services provided by the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

G. All laws applicable to the levy, collection and enforcement of fees, tolls, rates, rentals or other charges for services and facilities furnished by the city including, but not limited to, those pertaining to delinquency collection, cancellation, refund and redemption, are applicable to the stormwater utility fee.

(Prior code § 5880.3)

A. It is the duty of the city controller to collect all fees and charges provided for in this chapter.

B. All funds and moneys received from the collection of the stormwater utility fee and applicable surcharges as herein established shall be deposited with the city controller, who shall establish and maintain a separate cost center and account under the environmental quality enterprise fund. The moneys collected shall be used as permitted by Section 5471 of the California Health and Safety Code, and Sections 13.32.040 and 13.32.340(C) of this chapter.

C. Advance Payment. Applicants for city utility services are required to make an advance payment prior to occupancy of any address within the geographical boundaries of the city. Advance payment shall be equivalent to the current stormwater utility fee applicable to the respective premises but in no case shall the advance payment for all city utility services combined be less than those set from time to time by resolution of the city council.

(Prior code § 5880.4)

A. In the event any person shall fail to pay any stormwater utility fee and applicable surcharge when the same becomes due, the city, in addition to any other remedies it has, may, subsequent to prior notice of delinquency and service termination, cut off any of the utility services provided by the city and shall not resume the same until all delinquent charges together with any charges necessitated by the resumption of such services and facilities have been fully paid.

B. Any person affected by any decision, action or determination interpreting or implementing the provisions of this section may file an appeal with the public works director within 10 days of the issuance of the notice of delinquency and service termination. The appeal shall be on such forms as the public works director shall prescribe and shall state the matter being appealed.

C. Prior to termination of any service provided in the city, the public works director shall schedule a hearing to be conducted within 14 days of receipt of an appeal. Following the conclusion thereof, the director shall render a decision in writing with findings. The director may sustain, reverse or modify the appealed determination and such decision shall be final. A copy of such decision shall be served by first class mail to the appellant at an address specified in the appeal.

D. For all unpaid fees which are more than 60 days overdue, the city shall impose a 10 percent nonpayment penalty on the overdue amount. An additional one-half of one percent penalty shall be imposed for each additional 30-day period the amount remains unpaid.

(Prior code § 5880.5)

A. Notwithstanding any other provision of this chapter, and except as provided in Health and Safety Code Section 5473.8, or any successor provision thereto, the stormwater utility fee shall constitute a lien against the lot or parcel of land against which the charge is imposed, if such charges are not paid within 60 days of the date the payment is deemed delinquent. The city shall include a statement of delinquent payment on its bill to each property owner which will notify the property owner of the city's lien rights as provided for in Health and Safety Code Section 5473.11.

B. The lien provided herein shall have no force and effect until recorded with the county recorder of San Bernardino County.

(Prior code § 5880.6)

A.

1. Unit Fees Established—Formulas. Every parcel, except those expressly exempt under federal law, state law and subsection C of this section shall be assessed a stormwater utility fee calculated by the aggregate of a uniform use rate amount and an adjustable factor calculated on the basis of equivalent runoff units (ERU), which calculation may be adjusted as discussed hereafter. The city manager, or designee, shall annually recalculate the rates pursuant to the formulas. The recalculations shall be completed and subjected to all legal prerequisites necessary to allow the collection thereof prior to the commencement of the city's fiscal year.

a. Definitions.

"Area"

means area in acres of the parcel being assessed with the stormwater utility charge.

"Constant, 0.25"

means average area in acres of single-family residential parcels in the city.

"Constant, 0.40"

means runoff factor for single-family residential parcels, as set by the SBCFCD NPDES implementation agreement.

"ERU"

means units upon which the stormwater utility fee applicable to any given parcel shall be based.

"Runoff factor"

means the numeric value for the land use of the particular parcel, as set in the San Bernardino County Flood Control District (SBCFCD) NPDES implementation agreement.

b. An ERU, for purposes of fee calculation, represents the average stormwater runoff from an average single-family residential parcel. The average area of single-family residential parcels in Upland is 0.25 acres. The runoff factor assigned to single-family residential units is 0.40. The product of these two parameters is defined as the ERU. All single-family residential parcels are assessed at the rate of one ERU.

c. For multiple-family developments the ERU calculation per unit shall be calculated in an adjusted basis as follows:

The application of this formula at present establishes an ERU of .363 for multiple-family developments.

d. The number of ERU units which shall be assessed against each nonresidential parcel respectively shall be calculated on the basis of the acreage of the parcel, its land use as determined under the city zoning map and a runoff factor corresponding to such land use as set by the San Bernardino County - National Pollutant Discharge Elimination System (NPDES) stormwater permit implementation agreement 92-135 and its amendments or any successor agreement thereto. The following formula shall be used to determine the number of ERUs applicable to any land uses, except single-family residential parcels which will be assessed as one ERU.

2. Runoff Coefficients. All parcels are assigned stormwater runoff coefficients (runoff factors) based upon the formulas adopted by the San Bernardino County Flood Control District under the NPDES stormwater permit implementation agreement. The numeric values assigned to the different land uses which will be applied in the application are as follows:

3. Rate Calculation. The calculation of the rate to be paid by any nonexempt parcel shall be carried out pursuant to the following methodology.

a. Uniform Monthly Base Rate Per Parcel. Every parcel, except for those developed with more than one housing unit on a single parcel, shall pay the uniform base rate of $0.90 per month. For parcels developed with more than one housing unit per parcel, the uniform base rate shall be $0.90 per housing unit per month. This uniform rate is determined by multiplying the percentage of citywide impervious area that is comprised of public streets (21.5 percent) to the total cost of maintaining the storm drain system, then dividing that sum by the total number of residential units and nonresidential accounts and then further dividing that sum by twelve, reflecting a cost per month per parcel. This uniform amount shall be added to the supplemental charge as described in subsection (A)(2)(b) of this section, as the same may apply to any specific parcel.

b. Parcel Specific Supplemental Rate. In addition to the uniform monthly base rate, each individual parcel/account shall be assessed a supplemental amount (supplemental amount). The supplemental amount shall at all times be based on ERUs and as such may be adjusted pursuant to this chapter.

The rate base plus supplemental rate per ERU shall be $4.25.

i. Supplemental Rate per Month for Single-Family Detached Residential Units. The supplemental rate per month for single-family detached residential units is $3.35 which total sum reflects one ERU.

ii. The supplemental rate per month for multiple-family residential developments shall be calculated pursuant to the formula in subsections (A)(1) and (2) of this section. This sum shall be prorated pursuant to the application of the multiple-family ERU factor to the single-family unit supplemental amount (example .363 ERU x $3.35). The supplemental rate per individual dwelling unit per month shall be $1.22.

iii. Supplemental Charge for Planned Unit Developments (PUD) and Mobilehome Parks. Owners of parcels within PUDs and mobile home parks shall pay a supplement charge calculated as follows:

Add to the uniform base rate an amount determined by reducing by 60 percent the applicable supplemental rate as set forth in subsections (A)(3)(b)(i) and (ii) of this section. The supplemental fee applicable to this development shall be based on whether the individual dwelling units are detached or attached to at least one other individual dwelling unit.

iv. Supplemental Fees for Nonresidential Parcels. The total stormwater utility fee for nonresidential parcels shall be determined from the ERU formula and the unit assessments as indexed hereafter shall be in accordance with the following schedule, provided that in no instance shall any fee for a nonresidential account exceed the rate level currently assessed to such parcel:

B. Collection of Fee. The stormwater utility fee shall be collected with the water/sewer billings based on the rates and formulas as set forth hereinabove.

C. Exemptions.

1. All parcels and premises in the city which are owned by the city are exempted from payment of the stormwater utility fee.

2. Parcels and premises owned by the Upland Unified School District (UUSD) used for school ancillary purposes are similarly exempted. Parcels or facilities rented or leased by UUSD and owned by other entities and used by UUSD for uses other than school purposes are not covered by this exemption and are required to pay the stormwater utility fee.

D. Land Use Designation.

1. If the owner(s) of a parcel disputes or disagrees with the assigned land use, the owner(s) can appeal to the public works director by presenting proper certification of actual land use conditions. Such appeal shall be in writing and submitted within 30 calendar days from and after the date of the first bill received based upon the land use designation and no later. The director shall investigate the facts offered in support of the land use alleged by the owner(s) to be the correct designation and if found to be correct shall apply the new runoff factor and compute a new number of ERUs associated with the parcel. The new ERUs shall be used as the basis for the appropriate billing and a billing adjustment shall be applied. The changes in the billing records shall be effective on the first day of the current billing cycle.

2. If the original land use designation is found to be correct, however, then the director shall advise the owner(s) in writing, of this determination and the facts supporting the decision.

E. Failure to dispute the land use designation in accordance with this section shall be deemed to be acceptance of the land use designation and the related rate attributable thereto.

(Prior code § 5880.7)

A. The discharge or diversion of stormwater or nonstormwater to the community drainage system is permissible when the connection is made in accordance with a valid permit, approved construction plan, or as applicable an NPDES permit and/or a notice of intent (NOI), and the discharge conforms to the standards of Section 13.32.420.

B. It is prohibited to establish, use, maintain and/or continue any illicit drainage connections to the city storm drain system. This prohibition is retroactive and applies to connections made in the past regardless of 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.

C. Permits are required for the construction or modification of any storm drain or collector/conveyor of drainage waters and appurtenant structures within:

1. Dedicated easements, rights-of-way, public places and/or facilities;

2. Private property so as it may be directly or indirectly discharged into the city storm drain system. Indirect discharges include but are not necessarily limited to under-sidewalk drains, drive approaches and unrestricted sheet flow.

D. No person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant structures without prior written approval of the public works director, which may alter the normal functioning of the storm drain system, including actions which may alter the capacity, fall, or structural integrity of a storm drain, channel or related structures. Review and approval of plans by the public works director for such construction, and/or modification constitutes written approval.

(Prior code § 5880.8)

A. It is unlawful for any person to circumvent or obviate the intent or purpose of this chapter by discharging, or causing to be discharged, into any storm drain, stormwater channel, stormwater drainage system facility, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, facility, or natural watercourse, any material, waste, or wastewater, not including unpolluted water, which is prohibited or restricted as to its discharge into the community sewer system.

B. It is unlawful for any person to discharge or cause to be discharged, into any storm drain, stormwater channel, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, or natural watercourse, any material, waste, or wastewater, not including unpolluted water, which is prohibited or restricted as to its discharge into the community sewer system.

C. It is unlawful for any person to discharge, or cause to be discharged, into any storm drain, stormwater channel, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, or natural watercourse, any material, waste, or wastewater which:

1. May impair the useful functioning of such drain, channel, or natural watercourse;

2. May cause expense to the city or other public agency in maintaining the proper functioning of same;

3. May cause public nuisance, public hazard or detrimental pollution of natural surface or subsurface water; or

4. May cause a violation of stormwater regulations or any requirements of the Regional Water Quality Control Board, Santa Ana Region.

D. It is unlawful for any person to deposit or discharge into any sump which is not impermeable or into any pit or well, or onto the ground, any material, waste, or wastewater, which by seeping underground or by being leached or by reacting with soil:

1. Is detrimental to the usable surface or underground waters; or

2. Violates waste disposal requirements of any public agency, stormwater regulations or any requirements of the Regional Water Quality Control Board, Santa Ana Region.

E. Except as allowed herein the discharge of nonstormwater discharges to the city stormwater drainage system is prohibited.

(Prior code § 5880.9)

The following discharges are exempt from the prohibition:

A. Discharges regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the State Wastewater Resources Control Board and the California Regional Water Control Boards under authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

B. Discharges from the following activities when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from firefighting.

(Prior code § 5880.10)

A. Preventing accidental discharge of prohibited materials to the city storm drain system is the responsibility of the person(s) in charge of such materials. Detailed plans showing facilities and operating procedures to preclude spills and accidental discharges shall be submitted to the city for review.

B. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the city stormwater drainage system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release.

C. The notification procedures outlined in Section 13.32.270(D) of this chapter shall be complied with, except that notice shall only be made to the city public works and fire departments.

D. 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.

E. Within five working days following an accidental discharge to the storm drain system, the person(s) in charge of the material accidentally discharged shall submit a report to the public works director, describing in detail the type, volume and cause of the discharge, corrective actions taken and measures to be taken to prevent future recurrences.

F. Such notification shall not relieve the discharger of any fines or civil penalties incurred as a result of such event, or any other liability which may be imposed by this chapter or other applicable laws.

(Prior code § 5880.11)

Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be adopted by the EPA, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Santa Area Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES permit or waste discharge order relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(Prior code § 5880.12)

A. Any person undertaking any activity or operation that causes or contributes to prohibited discharges or stormwater pollution shall comply with all applicable BMPs.

B. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater drainage system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the public works director.

(Prior code § 5880.13)

Any person engaged in business activities which will or may result in pollutants entering the stormwater drainage system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants, such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:

A. It is unlawful to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other stormwater drainage structures, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. For property within the city for which there is a paved sidewalk in front of the property, the occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any such property, shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on such real property as required for the disposal of garbage. It is unlawful to throw or deposit litter or other waste in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.

B. Persons owning or operating a parking lot, gas station, pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the stormwater drainage system.

(Prior code § 5880.14)

A. Any individual or entity wishing to engage in construction activity shall comply with Section 13.32.450 and provide evidence of compliance prior to obtaining any city-issued grading or construction permits.

B. Any construction contractor performing work in the city shall endeavor, whenever possible, to provide filter materials at the catch basin to retain any debris and dirt flowing into the city's stormwater drainage system. The public works director may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

(Prior code § 5880.15)

A. Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

B. It is unlawful to commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the public works director:

1. Discharge into or connect any pipe or channel to a watercourse;

2. Modify the natural flow of water in a watercourse;

3. Carry out development within 30 feet of the center line of any creek or 20 feet of the top of a bank;

4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(Prior code § 5880.16)

The public works director or designated representative shall be authorized at any reasonable time to enter the premises of any discharger to the storm drain system to determine compliance with the provisions of this chapter, and to conduct any or all of the following activities:

A. Inspection, sampling and/or other monitoring activities 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;

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.

D. The provisions of Section 13.32.270(A)(1) shall also apply to inspections and monitoring activities required under this section.

(Prior code § 5880.17)

A. Whenever the public works director finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land or upon any parcel of land or grounds, which may result in an increase in pollutants entering the public stormwater drainage system, the director may give notice of correction to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other materials in any manner reasonable. The recipient of such notice shall undertake the activities within the time period set in the notice. Failure to comply with the notice of correction shall constitute a violation of this chapter and is subject to the public nuisance provisions, Section 13.32.530(D)(2) of this chapter.

B. Whenever the public works director finds an illicit drainage connection, the director shall serve upon said discharger a written notice of correction, stating the nature and location of the illicit connection and the requirement to obtain a waiver and/or an NPDES permit from the Regional Water Quality Control Board, or to remove or block such illicit connection. Failure to comply with the notice of correction shall constitute a violation of this chapter and subject the discharger to a cease and desist order and/or civil penalties.

(Prior code § 5880.18)