Victorville Municipal Code Art. III Regulations and Requirements

(a) The city may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or receiving waters. Where BMP requirements are promulgated by the city (or any federal, State of California, or regional agency) for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the MS4 or receiving waters, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements.

(b) Each person responsible for any site, activity, operation, or facility in the city that may discharge any pollutant to the MS4 shall implement those BMPs as may be designated by the city manager and/or as set forth in any BMP manuals or guidance documents specified in or subsequently adopted in accordance with this chapter.

(c) All operators of construction sites, new or redeveloped land and industrial and commercial facilities shall be required to:

(1) Minimize the discharge of pollutants to the MS4 through the installation, implementation, or maintenance of BMPs consistent with the CASQA Best Management Practice Handbooks or equivalent;

(2) Retain maintenance records for structural BMPs and treatment devices, including waste hauling receipts, for a period of three years and make them available to the city upon request; and

(3) Provide to the city manager such information as may be needed to assess compliance with the municipal NPDES permit in accordance with the Homeland Security Act or other federal law that concerns security in the United States.

(Ord. No. 2343, § 2, 10-20-15)

(a) All persons engaged in commercial or industrial activities or operations, or owning commercial or industrial facilities or property which will, or may, result in pollutants entering storm water, the MS4, or receiving waters, shall first obtain coverage under the IGP and shall install and maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook or equivalent. BMPs must be designed to implement the requirements of this chapter, the IGP and any other applicable NPDES permit.

(b) Proof of compliance with the IGP (including but not limited to: the waste discharge identification number ("WDID"), copies of any NOI, no exposure certification, SWPPP, inspection reports, monitoring results, and other information deemed necessary to assess compliance), shall be provided to the city manager or authorized enforcement officer prior to issuance of, or as a condition of, a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(c) Persons subject to the IGP shall also be required to: (1) apply for, obtain and comply with all city building, grading, and other local permits; (2) prepare and implement a WQMP or equivalent (if required by the city); and (3) comply with all the requirements of the IGP.

(Ord. No. 2343, § 2, 10-20-15)

(a) Any person or owner engaging in construction activity that could potentially have an adverse impact on the city's MS4 or on beneficial uses of receiving waters shall install and/or implement appropriate construction and post-construction BMPs to reduce discharge of pollutants to the MEP, as listed in their city-approved WQMPs (if required) or otherwise as recommended in the CASQA Construction Stormwater Best Management Practice Handbook.

(b) Any person or owner engaging in construction activity which disturbs one-acre or more of soil (or disturbs less than one acre but is part of a larger common plan of development or sale) shall apply to the SWRCB for coverage under the CGP. Coverage is obtained by completing a NOI form, paying a fee and preparing a storm water pollution prevention plan (SWPPP) in accordance with the provisions of the CGP.

(c) Proof of compliance with the CGP (a copy of the NOI and/or the WDID) must be provided to the city manager before the city will issue any grading, construction or similar permits applicable to such construction activity. In addition, any person engaging in construction activity requiring coverage under the CGP shall retain a copy of the NOI, the WDID and the applicable SWPPP at the construction site and comply with all requirements of the CGP.

(d) Prior to issuance by the city of a building, grading permit and/or a construction permit for any new development or redevelopment projects, including those projects covered under the CGP, the permit applicant shall evaluate the proposed project to determine its potential to generate an illicit discharge into the city's MS4 during construction and provide said evaluation to the city. The city reserves the right to require conditions on any of the aforementioned city-issued permits to minimize discharge pollutants into the MS4 to the MEP, including but not limited to:

(1) Reduction of runoff containing sediment, construction waste and other pollutants from construction activity and/or equipment parking areas to the MEP.

(2) Implementing of BMPs which prevent or minimize to the MEP particle releases from paint removal, paint preparation, or sand blasting activities that will result in paint particles entering the air or landing on the ground.

(3) Location of excavated soils on the site in a manner that minimizes the amount of soil transport into the public right-of-way and/or onto adjoining properties. Soil stockpile BMPs shall be implemented to prevent or minimize to the MEP soil releases to the environment.

(4) Utilizing drainage controls and BMPs as needed to prevent non-storm water discharges from the site. Depending on the extent of the proposed grading and topography of the site, the following features may be required: (i) detention ponds, sediment ponds, infiltration pits; (ii) dike filter berms or ditches; and (iii) down drains, chutes, or flumes.

(5) Stabilizing construction site entrances and exits to reduce the tracking of mud and dirt on to public roads by construction vehicles by installing tracks, plates or other site-appropriate devices designed to achieve this purpose.

(e) No person shall wash construction equipment or vehicles in such a way that results in an illicit discharge to the MS4. No person shall allow non-storm water from a construction site to run off into the city's MS4 or a public right-of-way.

(f) At the time applicants for new development and redevelopment projects apply for planning commission or other development department approvals, such application shall include the submission of a Preliminary Hydrology Study.

(Ord. No. 2343, § 2, 10-20-15)

(a) In order to receive a grading or building permit from the city, all applicants for projects involving construction activities (regardless of size) shall submit an erosion and sediment control plan ("ESCP") to the city for review and approval. The project applicant shall follow the most recent version of the CASQA Construction Stormwater Best Management Practice Handbook and the stormwater forms and other applicable guidance documents currently in use by the city and such additional or revised forms and guidance documents as may be adopted in accordance with the provisions of this chapter. The ESCP shall at a minimum include:

(1) A description of the proposed project and soil disturbing activity;

(2) Site specific construction-phase BMPs;

(3) Rationale for selecting the BMPs;

(4) List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements); and

(5) Drawings of the site BMPs.

(b) The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted in advance to the city for review and approval.

(c) If the construction activity involves a project requiring coverage under the CGP, a copy of the WDID and/or NOI shall be submitted to the city manager prior to issuance of city permits in accordance with section 10.30.200(c) of this chapter.

(d) The ESCP applies to construction activity projects covered by the CGP; however, an applicant may submit the SWPPP required under the CGP to the city in lieu of the ESCP, provided the SWPPP meets the city's ESCP requirements.

(e) The ESCP is a requirement separate and distinct from the WQMP required under section 10.30.220 of this chapter.

(Ord. No. 2343, § 2, 10-20-15)

(a) For those projects specified in the provisions of section E.12 of the municipal NPDES permit, or where required by the nature and extent of a proposed project and where deemed appropriate by the city manager, every new development and redevelopment project applicant shall develop, submit to the city for approval, and implement a water quality management plan (WQMP).

(b) New development and redevelopment project applicants must prepare and submit the WQMP to the city manager prior to issuance of, or as a condition of, a subdivision map, site plan, grading or building permit, development or improvement plan or other similar city-issued permit.

(c) The WQMP shall include all proposed measures for site design, source control, runoff reduction, storm water treatment, baseline hydromodification management and LID techniques as specified in the municipal NPDES permit. Structural BMPs shall be required for all regulated projects specified in section E.12.c of the municipal NPDES permit, and such projects shall be designed so that the structural BMPs comply with the volume or flow design criteria specified in the municipal NPDES permit.

(d) In developing a WQMP, applicants shall comply with the following provisions and any WQMP manuals or guidelines as may be subsequently developed by the city as set forth in subdivision (j) of this section and are adopted by the city in accordance with the provisions of this chapter:

(1) All WQMPs must provide maintenance schedules for post-construction structural and treatment control BMPs, and for any required hydromodification and LID features (collectively referred to in the provisions of this subsection (d) only as "stormwater management facilities"), and a plan addressing the continued maintenance and operation responsibilities for such stormwater management facilities.

(2) The WQMP shall include at least one of the following to ensure continued proper operation and maintenance of the stormwater management facilities:

(A) A requirement that the project applicant/property owner enter into a formal stormwater management facilities operation and maintenance agreement with the city (the "owner's agreement") prior to the issuance of any certificate of occupancy. Such owner's agreement shall be recorded by the applicant/property owner with the County of San Bernardino against the property or properties involved, and such owner's agreement shall be binding on all subsequent owners of land served by the stormwater management facilities.

(B) For multi-unit residential projects, a requirement that the recorded conditions, covenants and restrictions (CC&Rs) covering the properties include written text stating that the homeowners association is required to operate and maintain the stormwater management facilities, or if there is no association, written text requiring each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred. Such CC&Rs shall run with the land and be enforceable against all subsequent owners and/or, homeowners associations, and their successors and assigns.

(C) Any other legally enforceable mechanism as approved by the city manager, such as recordation in the property deed, that assigns the operations and maintenance responsibility for the stormwater management facilities to the applicant/project owner or to the city.

(3) Such owner's agreement, CC&Rs and/or deeds shall at a minimum include conditions that that the applicant, owner or homeowner's association, and all subsequent owners, transferees, successors or assigns of such persons:

(A) Assume responsibility for maintenance and operation of all required stormwater management facilities to the MEP standard.

(B) Replace any degraded structural BMP feature with new control measures or BMP features meeting the current standards of the city.

(C) Conduct stormwater management facilities maintenance and inspections as required in the approved WQMP associated with the property.

(D) Ensure that all stormwater management facilities are inspected at least annually, and that proof be retained for such inspections for at least three years.

(E) Provide access to the city manager for the sole purpose of performing operations and management inspections of any installed stormwater management facilities.

(e) As a condition of occupancy for new development and redevelopment projects covered by this section, the city will require:

(1) The applicant, facility operators and/or owners, as appropriate, to construct all storm water pollution control BMPs, structural or treatment control BMPs, and LID features shown on the approved project plans;

(2) The applicant, facility operators and/or owners to submit, for review and approval, a BMP and LID maintenance schedule and inspection plan;

(3) The applicant to file a signed statement that the project site and all structural or treatment control BMPs and LID features shall be maintained in compliance with the WQMP;

(4) That any project including downspouts, roof gutters or subsurface drainage shall utilize perforated pipes, infiltration trenches, "French Drains" or similar systems, unless infeasible, impractical, prohibited by the city or site specific circumstances endanger public safety so as to prohibit its use as determined by the city; and

(5) The applicant/project owner to submit to the city the owner's agreement for recordation, the recorded CC&Rs, or the recorded enforceable mechanism/deeds set forth in the provisions of section 10.30.220(d) specifying the responsibility for and ensuring the continued operation and maintenance of post-construction structural and treatment control BMPs, and any required Hydromodification and LID features for the project.

(f) Each project implementing a WQMP shall be individually evaluated to ascertain if the proposed project is in substantial conformance with the approved WQMP prior to issuance of the certificate of occupancy.

(g) The WQMP must demonstrate to the city's satisfaction that proposed BMPs and LID features, numeric design criteria, or design elements meet the requirements of the municipal NPDES permit and this Code.

(h) The city manager shall review any proposed WQMPs. If a WQMP is not approved, the city manager shall provide the project applicant with a written explanation for the disapproval. Any disapproved WQMP must be revised by the project applicant and resubmitted to the city for approval before a project may proceed. No subdivision map, site plan, grading or building permit, development or improvement plan or other similar city-issued permit shall be issued until the city has approved the WQMP.

(i) Compliance with an approved WQMP shall be a condition of any required planning approval.

(j) The city may prepare maintain, update and adopt in accordance with the provisions of this chapter, a manual or other guidance document that includes urban and storm water runoff quantity and quality control development principles and technologies for achieving the LID standards described in this chapter. Such manual or guidance document may also include technical feasibility and implementation parameters, as well as other rules, requirements, forms and procedures as the city deems necessary for implementing this chapter. Alternatively, the city may adopt (in accordance with the provisions of this chapter) manuals developed by others that are deemed appropriate for use within the city.

(Ord. No. 2343, § 2, 10-20-15)

Regulated projects identified in section E.12.c of the municipal NPDES permit with the following pollutant-generating activities and sources shall implement permanent and operation source control measures, as required. These source control measures shall be selected and designed consistent with CASQA's Stormwater Best Management Practice Handbook for new development and redevelopment, or equivalent manual:

(a) Accidental spills or leaks.

(b) Interior floor drains.

(c) Parking/storage areas and maintenance.

(d) Indoor and structural pest control.

(e) Landscape/outdoor pesticide use.

(f) Pools, spas, ponds, decorative fountains, and other water features.

(g) Restaurants, grocery stores, and other food service operations.

(h) Refuse areas.

(i) Industrial processes.

(j) Outdoor storage of equipment or materials.

(k) Vehicle and equipment cleaning.

(l) Vehicle and equipment repair and maintenance.

(m) Fuel dispensing areas.

(n) Loading docks.

(o) Fire sprinkler test water.

(p) Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources.

(q) Unauthorized non-storm water discharges.

(r) Building and grounds maintenance.

(s) Any other activity designated by the city manager.

(Ord. No. 2343, § 2, 10-20-15)