Victorville Municipal Code Art. II Prohibitions

(a) Except as exempted in section 10.30.100 of this chapter, no person shall discharge, facilitate, cause, permit or allow to be discharged to the MS4, either directly or indirectly, any illicit discharge, including but not limited to, pollutants, hazardous materials and other non-stormwater discharges.

(b) It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4.

(Ord. No. 2343, § 2, 10-20-15)

(a) The following non-storm water discharges to the MS4 are exempt from the prohibitions set forth in section 10.30.090:

(1) Any discharge permitted under a NPDES Permit (other than the municipal NPDES permit), waiver, or formal policy, and administered by the State of California under the authority of the EPA, provided that the discharger is in full compliance with all requirements of such permit, waiver, or policy and all other applicable laws or regulations;

(2) Any of the following discharges, provided that the discharger identifies and mitigates any pollutant discharges by implementing the appropriate control measures identified by the city, and written approval, if required, has been granted by the city manager for any discharge to the MS4:

(A) Water line flushing*;

(B) Individual residential car washing;

(C) Diverted stream flows*;

(D) Rising ground waters*;

(E) Uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(20)) to separate storm sewers*;

(F) Uncontaminated pumped ground water*;

(G) Discharges from potable water sources*;

(H) Foundation drains*;

(I) Air conditioning condensation;

(J) Springs*;

(K) Water from crawl space pumps*;

(L) Footing drains;

(M) Flows from riparian habitats and wetlands*;

(N) Dechlorinated swimming pool discharges*;

(O) Incidental runoff (as defined in section 10.30.030 of this chapter) from landscaped areas, subject to the controls set forth in section 10.30.130 for excess amounts); and

(P) Discharges or flows from fire-fighting activities, unless identified by the city manager or the RWQCB as significant sources of pollutants to the Waters of the United States.

(b) For any of the above-referenced discharges marked with an asterisk, the discharger is required by the city to submit a "non-storm water discharge notification form" to the city's engineering department for approval of these discharges, five days prior to any planned discharge, or as soon as possible for any unplanned discharges. The notification form is available from the engineering department counter. Monitoring may also be required for these discharges.

(c) Nothing in this section eliminates the need to obtain any other appropriate permits, such as those discharges which are required to be enrolled under RWQCB Order No. R6T-2014-0049 "Waste Discharge Requirements and NPDES General Permit for Limited Threat Discharges to Surface Water."

(Ord. No. 2343, § 2, 10-20-15)

Notwithstanding the exemptions provided in section 10.30.100, if the city manager, either independently or at the direction of the RWQCB, determines that an exempt discharge is a significant source of pollutants, threatens applicable water quality standards, causes or significantly contributes to a violation of any receiving water limitation, results in the conveyance of significant quantities of pollutants to the MS4, or is otherwise a danger to public health or safety, the city manager may (following written notice to the discharger) prohibit, limit, or direct the control of such discharge and thereafter may take any enforcement option available under this chapter.

(Ord. No. 2343, § 2, 10-20-15)

Every discharger or person responsible for any premises from which there occurs any illicit discharge to the MS4 shall immediately take action to eliminate the source of the illicit discharge, and prevent the occurrence of future illicit discharges.

(Ord. No. 2343, § 2, 10-20-15)

Every owner or person responsible for any premises from which runoff in excess of incidental runoff originates shall take the following actions to control such runoff:

(a) Detect and correct any leak within seventy-two hours of learning of any leak;

(b) Cease irrigation activities during precipitation events;

(c) Manage any pond containing recycled water such that no discharge occurs unless the discharge is a result of a twenty-five-year, twenty-four-hour storm event or greater, and the regional board is notified by email no later than twenty-four hours after the discharge. Such notice must include identifying information, including the pond owner's name and permit identification number; and

(d) Take any actions the city manager determines are necessary to prevent the discharge of non-storm water runoff to the MS4 or to receiving waters.

(Ord. No. 2343, § 2, 10-20-15)

(a) It is prohibited and a violation of this chapter to establish, use, operate, maintain and/or continue any illegal connections to the city's MS4. This prohibition is retroactive and applies to illegal connections made prior to the date of enactment of the ordinance codified in this chapter, regardless of whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.

(b) Within thirty days of the date the ordinance enacting this chapter first becomes effective, any discharger or person that maintains an illegal connection shall disconnect and discontinue use of such connection. If a connection was permissible under the law or practices applicable or prevailing at the time of the connection that is now unlawful, no penalties shall be assessed under this chapter until the owner/user of the connection has been provided written notice and given an opportunity to remedy the situation.

(c) City-issued construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within:

(1) Dedicated easements, rights-of-way, or other public place and/or facility.

(2) Private property so as to allow direct or indirect discharge into the city's MS4. Indirect discharges include, but are not limited to, under-sidewalk drains, driveway approaches and unrestricted street flow.

(d) No person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant devices which may alter the normal functioning of the city's MS4, including any actions which may alter the capacity, slope or structure integrity of a storm drain, channel or related structure without first receiving a permit issued by the city.

(e) In addition to any remedy provided in this chapter, the city manager may require by written notice that a person responsible for an illegal connection to the MS4 eliminate or secure approval for the connection by a specified date. If any person fails to disconnect an illegal connection by such date, upon notification by the city manager, the city may perform the disconnection and pursue the recovery of costs for such disconnection.

(Ord. No. 2343, § 2, 10-20-15)

(a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the MS4 or receiving waters from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(b) Any such releases shall further be reported immediately in the following manner by any person responsible for a facility or operation, or responsible for emergency response for a facility or operation:

(1) The release of a hazardous material shall be immediately reported to emergency services by emergency dispatch services (911).

(2) The release of a non-hazardous material shall be reported as follows:

(A) To the city manager by phone no later than 5:30 p.m. on the same business day.

(B) If the release occurs after 5:30 p.m. on a weekday, on a weekend or holiday, to the city manager by telephone on the next business day.

(C) A written notification of the release shall also be made to the city manager within five business days of the release. A copy of the written notice shall be retained at the premises for at least three years.

(c) In addition to the above requirements, release of any hazardous materials or substances, sewage, oil, or petroleum to any Waters of the State, or discharged or deposited where it is or probably will be discharged in or on any Waters of the State, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code.

(Ord. No. 2343, § 2, 10-20-15)

(a) Any person engaged in activities which will or may result in pollutants entering the city's MS4 shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting city streets.

(b) Littering. Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall 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 drainage structures, business place, or upon any public or private lot of land or other premises in the city, so that the same might be or become a pollutant discharged to Receiving Waters and/or the MS4.

(c) Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any premises in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway.

(d) Standard for parking lots and similar structures. Persons owning or operating a parking lot, gas station area of 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 city storm drain system or watercourse.

(e) Construction. Any person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of construction wastes, sediments, silts or contaminants from construction materials, tools, and equipment from entering the MS4 or receiving waters in accordance with the standards set forth in this chapter.

(Ord. No. 2343, § 2, 10-20-15)