HomeMy WebLinkAbout740 - Ordinances ORDINANCE NO. 740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
19.20 TO TITLE 19 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE PERTAINING TO THE PROTECTION AND
REGULATION OF THE CITY'S MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4)
WHEREAS, the City of Rancho Cucamonga ("City") is a co-permittee, along with
the County of San Bernardino, the San Bernardino County Flood Control District and other
designated cities under the "National Pollution Discharge Elimination System (NPDES) Permit
and Waste Discharge Requirements -NPDES No. CAS618036, Order No. R8-2002-0012-for
the San Bernardino County Flood Control District, the County of San Bernardino County and the
Incorporated Cities within the Santa Aha Region- Area-wide Urban Stormwater Runoff", dated
April 26, 2002 (the "Municipal NPDES Permit"), issued by the California Regional Water Quality
Control Board - Santa Aha Region, pursuant to Section 402(p) of the Federal Clean Water Act,
and the Municipal NPDES Permit serves as a NPDES Permit under the Clean Water Act and as
Waste Discharge Requirements under California law, and the City, as a co-permittee under the
Permit, is required to adopt ordinances and implement procedures with respect to that portion of
the "Municipal Separate Storm Sewer System" (the "MS4") within the City, and the Municipal
NPDES Permit requires the City to demonstrate that it possesses the legal authority necessary
to control discharges to and from those portions of the MS4 over which it has jurisdiction, so as
to comply with the Municipal NPDES Permit, and to specifically prohibit certain discharges
identified in the Municipal NPDES Permit;
WHEREAS, the City has previously adopted codified and uncodified ordinances,
including Ordinance No. 512, relating to the control of urban runoff, and this Chapter 19.20 of
Title 19 of the City's Municipal Code will codify existing ordinances and implement regulations
relating to the City's Municipal Separate Storm Sewer System;
WHEREAS, Section III of the Municipal NPDES Permit requires the City to
effectively prohibit Non-Storm Water Discharges from within its boundaries into that portion of
the MS4 which the City owns or operates and into watercourses, except where such discharges
are: (1) in compliance with a separate individual or general NPDES permit; or (2) identified and
in compliance with the Municipal NPDES Permit; or (3) originate from federal, state or other
facilities which are outside the City's regulatory jurisdiction;
WHEREAS, Section VI of the Municipal NPDES Permit requires the City to
demonstrate that it possesses the legal authority necessary to control discharges to and from
those portions of the Municipal Separate Storm Sewer System over which it has jurisdiction, so
as to comply with the Municipal NPDES Permit and to specifically prohibit certain discharges
identified in the Municipal NPDES Permit;
Ordinance No. 740
Page 2 of 32
WHEREAS, the Municipal NPDES Permit contemplates the development by the
Permittees of a "Municipal Storm Water Management Plan" (MSWMP), in which the City will
participate, and which will, in turn, require the development and the implementation of programs
for, among other things, the elimination of illicit connections and illicit discharges, development
planning, development construction, and public information and education requirements, and
the City implement such programs as they are developed by the Permittees;
WHEREAS, it is in the best interest of the City to establish guidelines and
procedures for control in a cost-effective manner of the quantity and quality of storm water and
urban runoff to the maximum extent practicable, through the adoption of this ordinance and the
consolidation and codification of its previously adopted ordinances, including Ordinance No.
512; and
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1: A new Chapter 19.20 is hereby added to Title 19 of the Rancho
Cucamonga Municipal Code to read as follows:
"CHAPTER 19.20: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Article 1. Authority, Purpose and Policy, Definitions
Sections:
19.20.101. Authority
19.20.102. Title, Purpose and Objectives.
19.20.103. Definitions
Article 2. General Conditions and Prohibitions
19.20.201. Administration and Applicability
19.20.202. Notice
19.20.203. Connections
19.20.204. Protection of the Municipal Separate Storm Sewer System
19.20.205. Prohibited Discharges
19.20.206. Exceptions to the Prohibited Discharges
19.20.207. Notification of Intent And Compliance With General Permits
19.20.208. Compliance with Best Management Practices (BMPs)
19.20.209. Spill Containment
19.20.210. Immediate Notification of Accidental Discharge
19.20.211. Written Notification of Accidental Discharge
19.20.212. Responsibility for Illegal Discharge of Prohibited Substances
Ordinance No. 740
Page 3 of 32
Article 3. Residential, Commercial and Industrial Requirements
19.20.301. Maintenance of Private Residential, Commercial and Industrial
Storm Drainage Systems
19.20.302. Use of Water
Article 4. Industrial and Commercial Requirements
19.20. 401. Non-Storm Water Discharges
19.20. 402. General Permit for Storm Water Discharges from Industrial Activities
19.20. 403. Conditional Category- Notice of Non-Applicability
19.20. 404. Best Management Practices (BMPs)
Article 5. Construction Requirements
19.20. 501. Non-Storm Water Discharges
19.20. 502. Best Management Practices
19.20. 503. General Permit for Storm Water Discharges from Construction Activity
19.20. 504. Non-Storm Water Discharge Reporting Requirements
19.20. 505. Storm Water Quality Management Plan (SWQMP)
Article 6. Administrative Enforcement Remedies
19.20. 601. Authority to Inspect
19.20. 602. Notice of Correction (NOC) and Notice of Violation (NOV)
19.20. 603. Falsifying Information
19.20. 604. Administrative Civil Penalties
19.20. 605. Administrative Hearing
19.20. 606. Administrative Orders
19.20. 607. Appeals
19.20. 608. Compensation for Damages
Article 7. Judicial Enforcement Remedies
19.20. 701. Violations Deemed a Public Nuisance
19.20. 702. Legal Action
19.20. 703. Civil Penalties
19.20. 704. Criminal Prosecution
Article 8. General Clauses
19.20. 801. Severability
19.20. 802. Construction and Application
Ordinance No. 740
Page 4 of 32
Article 1. Authority, Purpose, Policy and Definitions
19.20. 101. Authority
This Chapter is enacted pursuant to the direction set forth in the Municipal NPDES Permit
issued by the California Regional Water Quality Control Board Santa Aha Region, pursuant to
Section 402(p) of the Clean Water Act and the California Porter-Cologne Water Quality Control
Act.
19.20.102. Title, Purpose and Objectives
This chapter shall be known as the "City of Rancho Cucamonga Storm Water and Urban Runoff
Management and Discharge Control Ordinance." The intent of this Chapter is to protect and
enhance the quality of watercourses, water bodies, and wetrands within the City in a manner
consistent with the federal Clean Water Act, the California Porter-Cologne Water Quality Control
Act and the Municipal NPDES Permit. This Chapter is also intended to confirm and consolidate
the City's legal authority necessary to control discharges to and from those portions of the
Municipal Separate Storm Sewer System over which it has jurisdiction as required by the
Municipal NPDES Permit, and thereby fully and timely comply with the terms of the Municipal
NPDES Permit. This chapter is also intended to ensure the health, safety and general welfare of
the residents of the City of Rancho Cucamonga by prescribing reasonable regulations to
effectively control the non-storm water discharges containing pollutants into the City's Municipal
Separate Storm Sewer System to the maximum extent practicable and to specifically achieve
the following objectives:
(1) Control discharges from spills, dumping or disposal of materials other than storm water;
(2) Reduce the discharge of pollutants in all storm water discharges to the maximum extent
practicable;
(3) Protect and enhance the water quality of local, state and federal watercourses, water
bodies, ground water and wetlands in a manner pursuant to and consistent with the
Clean Water Act and the Porter-Cologne Water Quality Act;
(4) Establish penalties for violations of the provisions of this Chapter;
19.20.103. Definitions
For the purposes of this Chapter, the following terms will be defined as set forth below. Words
used in this chapter in the singular may include the plural and the plural may include the
singular. Use of masculine shall also mean feminine and neuter.
(1) Authorized enforcement officer shall mean the City Engineer or his or her designee.
(2) Basin Plan. The "Water Quality Control Plan for the Santa Aha River Basin" (1995)
adopted by the Regional Board, or any successor plan.
(3) Best Management Practice or BMP. Any "Best Management Practice" (as defined in 40
CFR §122.2), Best Management Guideline, or Best Management Requirement as adopted
Ordinance No. 740
Page 5 of 32
by any Federal, State, regional or local agency to prevent or reduce the pollution of Waters
of the United States. "Best Management Practices" includes activities, practices, facilities,
and/or procedures that when implemented to the maximum extent practicable will prevent
or reduce pollutants in discharges, and any program, technology, process, siting criteria,
operational methods or measures, or engineered systems, which, when implemented,
prevent, control, remove, or reduce pollution. Examples of BMP's may include public
education and outreach, proper planning of development projects, proper cleaning of catch
basin inlets, and proper sludge or waste handling and disposal, among others. BMPs also
include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste storage and disposal, or drainage from raw
material or chemical storage.
(4) City. The City of Rancho Cucamonga.
(5) City Engineer. The City Engineer for the City of Rancho Cucamonga, or the Engineer's
designee.
(6) Construction Activity. Any activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including but not limited to: land disturbance, building
construction, paving and surfacing, storage and disposal of construction related materials,
including clearing, grading, or excavation that results in soil disturbance. Construction
includes structure teardown. Construction activity does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or original purpose of facility;
emergency construction activities required to immediately protect public health and safety;
interior remodeling with no outside exposure of construction material or construction waste
to storm water; mechanical permit work; or sign permit work.
(7) Contamination. As defined in the Porter-Cologne Water Quality Control Act (Water Code
§ 13050(k)), contamination is "an impairment of the quality of waters of the state by waste
to a degree which creates a hazard to the public health through poisoning or through the
spread of disease. 'Contamination' includes any equivalent effect resulting from the
disposal of waste whether or not waters of the state are affected."
(8) Control. The minimization, reduction, elimination, or prohibition by technological, legal,
contractual or other means of the discharge of pollutants from an activity or activities.
(9) Compliance Schedule. The time period allowed by the City for a discharger to achieve
compliance with the City's storm water regulations and this Chapter. The Compliance
Schedule shall contain specific dates by which adequate treatment facilities, devices, or
other related equipment and/or procedures must be installed or implemented.
(10) CWA. The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et seq.
(11) Developed Parcel. Any lot or parcel of land altered from its natural state by the
construction, creation, and addition of impervious area, except public streets or highways.
(12) Developer. A person, firm, corporation, partnership, association or other entity who
proposes to develop, develops, or causes to be developed real property for himself or for
others except that employees and consultants of such persons or entities, acting in such
capacity, are not considered developers.
Ordinance No. 740
Page 6 of 32
(13) Dewatering. The removal and disposal of surface water or groundwater for purposes of
preparing a site for construction.
(14) Discharge. Any release, spill, leak, flow or escape of any liquid including sewage,
wastewater or storm water, semi-solid or solid substance onto the land or into the City's
MS4.
(15) Discharger. Any person, property owner or occupant of a unit, building, premise or lot in
the City who discharges or causes to be discharged any liquid, including sewage, waste
water, storm water, non-storm water or semi-solid or solid substances directly or indirectly
into the City's MS4.
(16) EPA. The U.S. Environmental Protection Agency.
(17) Environmentally Sensitive Area ("ESA") means a designated area in which plant or
animal life or their habitats are either rare or especially valuable because of their special
nature or role in an ecosystem and which would be easily disturbed or degraded by human
activities and developments (California Public Resources Code § 30107.5). Areas subject
to storm water mitigation requirements are areas designated as "Significant Ecological
Areas" by the County of San Bernardino; an area designated as a "Significant Natural
Area" by the California Department of Fish and Game's Significant Natural Areas Program,
provided that area has been field verified by the Department of Fish and Game; an area
listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species
(RARE) beneficial use; and an area identified by the City as environmentally sensitive.
(18) General Construction Permit means the current version of the General Permit For Storm
Water Discharges From Construction Activity issued by the State Water Resources
Control Board that regulates storm water discharges associated with construction projects.
(19) General Industrial Permit means the current version of the General Permit For Storm
Water Discharges From Industrial Activities issued by the State Water Resources Control
Board that regulates storm water discharges associated with industrial activities that are
listed in 40 CFR Section 122.26 (b) (14).
(20) Hearing Officer. The City Engineer, or his designee, who presides at the administrative
hearings authorized by this chapter and issues final decisions on matters raised therein.
(21) Illegal Discharge. Any discharge (or seepage) into the City's MS4 that is not composed
entirely of storm water, except for the authorized discharges listed in Section 19.20.207 of
this Chapter. Illegal discharges include the improper disposal of wastes into the MS4.
Any discharge to the MS4 that is prohibited under local, state, or federal statutes,
ordinances, codes, or regulations. The term illicit discharge includes all non-storm water
discharges except (i) discharges pursuant to a NPDES Permit; (ii) discharges that are
identified in the "Discharge Limitations/Prohibitions" of the Municipal NPDES Permit; and
(iii) discharges authorized by the Regional Board.
(22) Illicit Connection means either of the following:
Ordinance No. 740
Page 7 of 32
(a) Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the MS4, including but not limited to any conveyance which
allows non-storm water discharges, including sewage, process wastewater and wash
water to enter the MS4 and any connections to the MS4 from indoor drains and
sinks, regardless of whether said drain or connection had been previously allowed,
permitted or approved by a government agency; or
(b) Any drain or conveyance connected to the MS4, that is not permitted pursuant to a
valid NPDES Permit or which has not been documented in plans, maps or equivalent
records approved by the City.
(23) Maximum Extent Practicable (MEP). Refers to the maximum level of pollutant
reductions or storm water runoff reductions that can be achieved to reduce the discharge
of pollutants to the maximum extent practicable, as required by Section 402(p)(3)(B)(ii) of
the Clean Water Act, through Best Management Practices in treatment, infiltration or a
combination of treatment, infiltration and Best Management Practices.
(24) Municipal NPDES Permit. The "National Pollution Discharge Elimination System
(NPDES) Permit and Waste Discharge Requirements -NPDES No. CAS618036, Order
No. R8-2002-0012- for the San Bernardino County Flood Control District, the County of
San Bernardino County and the Incorporated Cities within the Santa Ana Region- Area-
wide Urban Stormwater Runoff", dated April 26, 2002", issued by the Regional Board on
April 26, 2002, and any successor permit to that permit.
(25) Municipal Separate Storm Sewer System or MS4. All of the facilities involved in the
operation of the storm water drainage collection and disposal system within the City,
including, but not limited to, conduits, natural or adificial drains, channels and
watercourses, together with appurtenances, pumping stations and equipment which is
tributary to the regional storm water runoff system, and includes streets, gutters, conduits,
natural or artificial drains, channels and watercourses, or other facilities that are owned,
operated, maintained or controlled by the City and used for the purpose of collecting,
storing, transporting, or disposing of storm water. The Municipal Separate Storm Sewer
System is conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or
channels, modified natural channels, man-made channels, or storm drains): (i) owned or
operated by the City; (ii) designated or used for collecting of conveying storm water; (iii)
which is not a combined sewer; and (iv) which is not part of a "Publicly Owned Treatment
Works" ("POTW"), as defined at 40 CFR 122.2.
(26) New Development. All public and private residential (whether single family, multi-unit or
planned unit development), industrial, commercial, retail, and other nonresidential
construction projects, or grading for future construction, for which either a discretionary
land use approval, grading permit, building permit or nonresidential plumbing permit is
required.
(27) NPD£S means the National Pollutant Discharge Elimination System established under the
CWA to eliminate discharges of pollution into waters of the United States.
Ordinance No. '740
Page 8 of 32
(28) NPDES Permit. Any waste discharge requirements issued by EPA, the Regional Board or
the State Water Resources Control Board in the form of an NPDES Permit pursuant to
Water Code §13370 or the Clean Water Act (other than the Municipal NPDES Permit),
including a General Construction Permit or a General Industrial Permit.
(29) Non-Structural BMPS. Any Best Management Practices schedules of activities,
prohibitions of practices, maintenance procedures, managerial practices or operational
practices that aim to prevent storm water pollution by reducing the potential for
contamination at the source of pollution.
(30) Notice of Intent (NOI). A form provided by the State Water Resources Control Board that
is required to be completed and submitted in order to obtain coverage under one of the
State's NPDES General Storm Water Permits prior to the start of certain activities or
construction activities.
(31) Non-Storm Water. Any water discharging to the City's Municipal Separate Storm Sewer
System that does not originate from precipitation events.
(32) Nuisance. Any condition described by all of the following:
(a) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to
the free use of property, so as to interfere with the comfortable enjoyment of life or
property.
(b) Affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal.
(c) Occurs during, or as a result of, the treatment or disposal of wastes.
(33) Permit. Any permit issued by the City.
(34) Permittee. The San Bernardino County Flood Control District; San Bernardino County;
and each of the sixteen cities in San Bernardino County discharging storm water drainage
into the Upper Santa Ana River Basin and regulated by the Areawide Urban Storm Water
Run-Off Permit.
(35) Person. Any individual, partnership, committee, entity, association, corporation, public
agency, and any other organization, entity or group of persons, public or private; the
masculine genders shall include the feminine, the singular shall include the plural where
indicated by the context.
(36) Pollutant. Any liquid, solid or semi-solid substances or combination thereof, which
causes a nuisance or contributes to a condition of contamination or pollution of the storm
water runoff, the MS4 or the impairment or degradation of waters of the state, including but
not limited to the following:
(a) Floatable materials (such as floatable plastics or wood products, and metal shavings,
or materials forming films, foam or scum);
Ordinance No. 740
Page 9 of 32
(b) Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes,
animal fecal materials, used oil, coolant, gasoline and other vehicle fluids);
(c) Metals and non-metals, including compounds of metals and non-metals;
(d) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents,
coolants and grease);
(e) Domestic sewage from sewer line overflows, septic tanks, porta-potties, boats and
recreational vehicles;
(f) Animal wastes (such as wastes from confinement facilities, kennels, pens, stables, and
show facilities)
(g) Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration,
turbidity or odor;
(h) Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon.
(i) Materials containing base/neutral or acid extractable organic compounds;
(j) Waste materials and wastewater generated on construction sites from construction
activities (such as painting and staining; use of sealants and glues; use of lime; use of
wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco
fragments; application of oils, lubricants, vehicle maintenance, construction equipment
washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or
sand blasting; use of chemical degreasing or diluting agents; and chlorinated water
from potable line flushing;
(k) Those pollutants defined in Section 1362 (6) of the Federal Clean Water Act; and
(I) Any other constituent or material, including but not limited to pesticides, herbicides,
fertilizers, eroded soils, sediment and particulate materials, in quantities that have
been determined by the State or EPA to adversely affect the beneficial uses of waters
of the state.
(37) Redevelopment. The creation or addition of impervious surfaces or the making of
improvements to an existing structure on an already developed site; replacement of
impervious surfaces that are not part of a routine maintenance activity; and land disturbing
activities related with structural or impervious surfaces for which a discretionary land use
permit or approval is required.
(38) Regional Board or RWCICB means the California Regional Water Quality Control Board-
Santa Ana Region.
(39) Sewage, The wastewater of the community derived from residential, agricultural,
commercial, or industrial sources, including domestic sewage, and industrial wastewater.
Ordinance No. 740
Page 10 of 32
(40) SIC (Standard Industrial Classification). The Standard Industrial Classification is the
statistical classification standard underlying all establishment-based Federal economic
statistics classified by industry. The Standard is published in the SIC Manual (1987) Office
of Management and Budget.
(41) Storm Water. That part of precipitation (rainfall or snow melt runoff) and associated
surface runoff which travels via flow across a surface to the Municipal Separate Storm
Sewer System or receiving waters from impervious, semi-pervious or pervious surfaces.
(42) Storm Water Pollution Prevention Plan (SWPPP). The plan as described in the
General Construction Activity Storm Water Permit, as issued by the State Water
Resources Control Board on August 19, 1999, and as may be amended, or the General
Industrial Activities Storm Water Permit as issued on April 17, 1997, and as may be
amended, which specifies BMPs that will prevent pollutants from contacting storm water
and all products of erosion from moving off site into receiving waters.
(43) Storm Water Quality Management Plan (SWQMP). A plan required of new
development/redevelopment projects specified in this Chapter, outlining appropriate non-
structural and structural BMPs, including storm water infiltration and treatment devices that
will be implemented and installed to prevent pollutants from being discharged into the
City's Municipal Separate Storm Sewer System, during and after construction.
(44) Structural BMPs. Any structural facility designed and constructed to remove pollutants
from storm water runoff or prevent pollutants from contacting storm water. Examples are
canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales,
and sand and oil interceptors.
(45) Urban runoff shall mean surface water flow produced by non-storm water resulting from
residential, commercial, and industrial activities involving the use of potable and non-
potable water.
(46) Violation. A breach or violation of any provision of this chapter.
(47) Waters of the State. Any surface water or groundwater, including saline waters, within
the boundaries of the state.
Article 2. General Conditions and Prohibitions
19.20. 201. Administration and Applicability
Except as otherwise provided in this Chapter, the City Engineer shall administer, implement
and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the
City Engineer, may be delegated by the City Engineer to persons authorized by the City
Engineer. This chapter shall apply to all dischargers, including all residents as well as
commercial, industrial and construction enterprises, to the City's Municipal Separate Storm
Sewer System, and to dischargers outside the City who, by agreement with the City, utilize the
City's Municipal Separate Storm Sewer System.
Ordinance No. 740
Page 11 of 32
19.20. 202. Notice
Unless otherwise provided herein, any notice required by this chapter shall be in writing and
served in person, or by first class, registered or certified mail. Notice by mail shall be deemed to
have been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the
United States Postal Service.
19.20.203. Connections
(a) The discharge or diversion of storm water or non-storm water is permissible when the
connection to the City's MS4 is made in accordance with a valid City Permit, approved
construction plan, and, if applicable, an NPDES Permit or a NOI, and the discharge is not
prohibited under Section 19.20.205 of this chapter.
(b) it is prohibited to establish, use, operate, maintain and/or continue any Illicit Connections to
the City's MS4. This prohibition is retroactive and applies to Illicit Connections made prior to
the date of enactment of this Ordinance, 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.
(c) 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 public place and/or facility.
(2) Private property so as it may directly or indirectly discharge into the City's municipal
separates storm sewer system. Indirect discharges include, but are not limited to, under
sidewalk drains, driveway approaches, and unrestricted sheet flow.
19.20. 204. Protection of the Municipal Separate Storm Sewer System
No person shall construct, modify or cause to be constructed or modified any structure, facility
or appurtenant items which may alter the normal functioning of the City's MS4, including any
actions which may alter the capacity, fall, or structural integrity of a storm drain, channel or
related structures without prior written approval of the City Engineer,.
19.20. 205. Prohibited Discharges
It is prohibited to:
(1) Discharge directly or indirectly to the City's MS4, or any street, lined or unlined drainage
channel which leads to the City's MS4 any non-storm water or other solid, liquid or
gaseous water unless such discharge is authorized by either a separate NPDES Permit
or as otherwise specified in Section 19.20.207 of this Chapter. if such discharge is
permitted by a NPDES permit, or is generally exempted, but causes a violation or
potential violation any portion of the Municipal NPDES Permit for storm water
discharges, such discharge is also prohibited;
Ordinance No. 740
Page 12 of 32
(2) Discharge storm water into the City's MS4 containing pollutants that have not been
reduced to the maximum extent practicable;
(3) Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or
maintained, any refuse, garbage, sediment or other discarded or abandoned objects,
adicles, 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 in the City, so that the same may be and/or may become a pollutant.
This prohibition shall not apply to refuse, rubbish or garbage deposited in containers,
bags or other appropriate receptacles which are properly placed in designated locations
for regular solid waste pick up and disposal.
(4) Throw or deposit any refuse, garbage or any other pollutants into any fountain, pond,
lake, stream or any other body of water in a park or elsewhere within the City.
(5) Discharge any of the following types of waste into the City's MS4:
(a) Sewage;
(b) Surface cleaning wash water resulting from mopping, rinsing, pressure washing or
steam cleaning of gas stations, and vehicle service businesses or any other
business;
(c) Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, concrete mixing
equipment, portable toilet servicing, etc.;
(d) Wash water from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, drapery and furniture cleaning, etc.;
(e) Waste water from cleaning municipal, industrial, commercial, residential areas
(including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and
outdoor eating or drinking areas, containing chemicals or detergents and without
prior sweeping, etc.;
(f) Storm water runoff from material or waste storage areas containing chemicals, fuels,
grease, oil or other hazardous materials or contaminated equipment;
(g) Discharges from pool or fountain water containing chlorine, biocides, acids or other
chemicals; pool filter backwash containing debris and chlorine;
(h) Pet waste, yard waste, leaves, dirt, landscape or other debris, sediment, etc.;
(i) Restaurant wastes, such as grease, mop water, and wash water from cleaning
dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food
waste, etc.;
(j) Chemicals or chemical waste;
(k) Medical wastes;
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(I) Blow down or bleed water from cooling towers and boilers, regenerative brine waste
from water softeners or reverse osmosis treatment systems;
(m) Materials or chemical substances that cause damage to the City's Municipal
Separate Storm Sewer System;
(n) Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead
trees, fertilizer, soil amendments or mulch, and pesticides;
(o) Concrete or cement waste, brick and tile work wastes, plaster and drywall tool
cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup
solvents or slurry from saw cutting concrete or asphalt and other construction waste;
(p) Domestic sewage including wastewater from sinks, washing machines, dishwashers,
toilets, campers, motor homes or trailers;
(q) Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater;
(r) Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid,
transmission fluid, power steering fluid, engine cleaning compounds, engine or parts
cleaning wash water or rinse water and any other vehicular fluids;
(s) Water softener brine waste, or any other waste water from other household water
treatment systems;
(t) Waste water from draining swimming pools, ponds or fountains which contain
chlorine biocides, acids or other chemicals, pool filter backwash containing debris
and chlorine;
(u) Discharges from acid cleaning of swimming pools, ponds or fountains or filter
cleaning from the same;
(v) Septic waste; or
(w) Any other material that causes or contributes to a condition of contamination,
nuisance or pollution in the City's Municipal Separate Storm Sewer System or
causes a violation of any NPDES Permit, waste disposal regulations, waste
discharge requirements, water quality standards or objectives adopted by the State
Water Resources Control Board, the Regional Board, EPA, San Bernardino County
Fire/Hazmat Department; the San Bernardino County Flood Control District, or any
other public agency with jurisdiction.
19.20.206. Exceptions to the Prohibited Discharges
The following discharges of non-storm water into the City's storm drainage system are generally
exempt from the Prohibited Discharges listed in Section 19.20.205 of this Chapter. However,
items Nos. 12-22, below, have been identified as potential significant sources of pollutants and
may require coverage under the Regional Board's De Minimus Permit (Order No. R8-2003-0061
[NPDES No. CAG99801], or any successor order) as well as prior approval by the City's
Engineering Department, NPDES Section, before discharge (see *note below):
Ordinance No. 740
Page 14 of 32
(1) Discharges covered by NPDES permits or written clearances issued by the Regional or
State Board;
(2) Landscape irrigation, lawn watering, and irrigation water;
(3) Water from crawl space pumps;
(4) Air conditioning condensation;
(5) Non-commercial car washing;
(6) Rising ground waters and natural springs;
(7) Ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated
pumped ground water;
(8) Water flows from riparian habitats and wetlands;
(9) Water flows generated from emergency response and/or fire fighting activities, however,
appropriate BMPs shall be implemented to the extent practicable; BMPs must be
implemented to reduce pollutants from non-emergency fire fighting flow;
(10) Waters not otherwise containing wastes as defined in California Water Code Section
13050 (d),
(11) Other types of discharges identified and recommended by the City and approved by the
Regional Water Quality Control Board.
(12) *Potable water line testing or flushing and other discharges from potable water sources;
(13) *Water from fire hydrant testing and flushing using appropriate BMPs;
(14) *Water from passive foundation drains or passive footing drains;
(15) *Dechlorinated swimming pool discharges;
(16) *Diveded stream flow;
(17) *Wastes associated with well installation, development, test pumping and purging;
(18) *Aquifer testing wastes;
(19) *Discharges from hydrostatic testing of vessels, pipelines, tanks, etc.;
(20) *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs,
etc.;
(21) *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs,
etc.;
Ordinance No. 740
Page 15 of 32
(22) *Discharges from potable water supply systems resulting from system failures, pressure
releases, etc.;
*Note: The City of Rancho Cucamonga requires that a "Non-Storm Water Discharge
Notification Form" be submitted to the Engineering Department for approval of these
discharges, five days prior to any planned discharges 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.
The Regional Board may issue Waste Discharge Requirements for discharges exempted from
NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer
of the Board may also add categories of non-storm water discharges that are not significant
sources of pollutants or remove categories of non-storm water discharges listed above based
upon a finding that the discharges are a significant source of pollutants. In this case, the list of
exempted discharges, above, would be adjusted accordingly.
19.20.207. Notification of Intent And Compliance With General Permits
(a) Each industrial discharger, discharger associated with construction activity, or other
discharger, described in any general storm water permit addressing such discharges, including
but not limited to the General Construction Permit and the General Industrial Permit, as may be
adopted by the EPA, the State Water Resources Control Board, or the RWQCB, shall provide a
NOI, comply with and undertake all other activities required by any such general NPDES storm
water permit applicable to such discharges.
(b) Each discharger identified in an individual NPDES permit or discharge order relating to
storm water discharges shall comply with and undertake all other activities required by such
permit or order.
19.20.208. Compliance with Best Management Practices (BMPs)
Any person undertaking any activity or operation in the City that could potentially cause or
contribute to storm water pollution or a discharge of non-storm water to the City's MS4 shall
comply with all applicable Best Management Practices (BMPs) as listed in the California Storm
Water Best Management Practice Handbooks or the current, San Bernardino County Storm
Water Program's "Report of Waste Discharge", to reduce pollutants in storm water runoff and
reduce non-storm water discharges to the City's MS4 to the maximum extent practicable or to
the extent required by law.
19.20.209. Spill Containment
(a) Persons storing chemicals or chemical waste outdoors shall be required to install spill
containment subject to requirements established by the City Engineer and in accordance
with applicable Federal, State, Regional Board and San Bernardino County standards.
Persons storing any other materials or equipment that are potential sources of storm water
pollution are also required to install spill containment.
(b) No person shall operate a spill containment system that could allow incompatible materials
and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure
of one or more containers.
Ordinance No. 740
Page 16 of 32
(c) Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or
other devices a Structural BMP's designed to contain the spillage of the liquid contents of
the containers stored in them and to minimize the buildup of storm water from precipitation,
and run-on from roof drainage and outside areas. If the spill containment system does not
have a roof which covers the entire contained area, the spill containment system shall have
the capacity to contain precipitation from at least a 24 hour, 25 year rainfall event plus ten
(10) percent of the total volume of the material stored there or the volume of the largest
container, whichever is greater. Spill containment systems shall also be constructed of
impermeable and non-reactive materials to the materials and/or wastes being contained.
(d) Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be
removed from the spill containment system in as timely a manner as is necessary to prevent
the overflow of the spill containment system.
(e) Unless otherwise approved by the City Engineer, all chemicals or wastes discharged within
the spill containment system shall be disposed of in accordance with all applicable Federal,
State, and local rules, regulations, and laws, and shall not be discharged into the City's
sanitary sewer system, Municipal Separate Storm Sewer System or onto the ground.
19,20. 210. Immediate Notification of Accidental Discharge
(a) Protection of the City's Municipal Separate Storm Sewer System from the accidental
discharge of prohibited materials or wastes is the responsibility of the person or persons in
charge of such material. Detailed plans showing facilities and operating procedures to
provide this protection shall be submitted to the City for review, and shall be approved by
the City Engineer prior to any construction. All new and existing dischargers shall complete
such a plan. Review and approval of such plans and operating procedures shall not relieve
the discharger from the responsibility to modify his or her facility as necessary to meet the
requirements of this chapter.
(b) 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. In the event of an accidental
discharge, it is the responsibility of the discharger to immediately telephone and notify the
proper authorities.
(c) All accidental discharges of pollutants into the City's Municipal Separate Storm Sewer
System, including a street or gutter, shall be immediately reported to the City's Engineering
Department and Fire Department. All discharges that pose a threat to human health or the
environment shall be reported to the Executive Officer of the California Regional Water
Quality Control Board within 24 hours by telephone or e-mail and followed with a written
report of the spill event within 5 days. At minimum, all sewage spills over 1,000 gallons and
all reportable quantities of hazardous materials or hazardous waste shall be reported within
24 hours.
19.20.211. Written Notification of Accidental Discharge
(a) Within five (5) working days following an accidental discharge of pollutants into the City's
Municipal Separate Storm Sewer System, the person or persons responsible for the
discharge of the material and/or waste, which was accidentally discharged, shall submit a
Ordinance No. 740
Page 17 of 32
written report to the City Engineer. The report shall describe in detail the type and volume of
the material and/or waste and the cause of the discharge. The report shall also describe in
detail all corrective actions taken and measures to be taken to prevent future occurrences.
(b) Such notification of the accidental discharge shall not relieve the user of any fines or civil
penalties incurred as a result of the event or any other liability, which may be imposed, by
this chapter or other applicable laws.
19.20.212. Responsibility for Illegal Discharge of Prohibited Substances
The property owner(s) of a lot or parcel from which an illegal discharge originates shall be
ultimately responsible for all abatement and cleanup costs associated with the discharge, at his
own expense, if the responsible party cannot be located. Likewise, if the tenant of a multi-family
residential unit has discharged a prohibited material or waste into the City's storm drainage
system or has caused the contamination of storm water runoff from the property by his activities
and the City Engineer cannot determine the responsible party or residential unit responsible, the
owner of the property from which the discharge originated, shall be responsible for the cleanup
and abatement costs to mitigate the condition. Additionally, a property owner will be
responsible for all cleanup costs and damages to the City's storm drainage system from a
contractor's activities, if the contractor was hired by the owner and cannot be located.
Article 3. Residential, Commercial and Industrial Requirements
19.20. 301. Maintenance of Private Residential, Commercial and Industrial Storm
Drainage Systems
All private residential, commercial, and industrial storm drainage inlets, underdrains and gutters
shall be inspected at least annually and cleaned prior to the beginning of the rainy season if
there is evidence of one or more of the following conditions:
(1) The sediment~debris storage volume is 25 percent or more full;
(2) There is evidence of illegal discharge;
(3) Accumulated sediment or debris impairs the hydraulic function of the facility.
Private streets shall also be swept and maintained as needed to prevent sediment, gardening
waste, trash, litter and other contaminants from entering the City's storm drainage system.
19.20. 302. Use of Water
To the maximum extent practicable, runoff of water used for irrigation purposes and from lawn
watering shall be minimized to the maximum extent practicable. Runoff of water from the
permitted washing down of paved areas shall be minimized to the maximum extent practicable.
Ordinance No. 740
Page 18 of 32
Article 4. Industrial and Commercial Requirements
19.20.401. Non-Storm Water Discharges
All non-storm water discharges associated with industrial and commercial activities that
discharge into the City's Municipal Separate Storm Sewer System are prohibited except as
permitted by an individual user's NPDES Permit, a NOI or Section 19.20. 206 of this Chapter.
19.20. 402. General Permit for Storm Water Discharges from Industrial Activities
(al All businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(i)-(xi) are
required to obtain coverage under the State's General Industrial Permit, at least fourteen
(14) days prior to the commencement of activities that may involve discharges to the MS4.
All listed businesses are required to submit a completed Notice of Intent (NOI) form, site
map and application fee to the State Water Resources Control Board (SWRCB). Such
businesses shall prepare a Storm Water Pollution Prevention Plan (SWPPP), retain a copy
of the SWPPP on site and comply with all the requirements of the General Industrial Permit.
(Copies of the NOI form are available from the City's Engineer.
(b) The City requires that all businesses that have filed an NOI for coverage under the State's
General Industrial Permit and have received a Waste Discharge Identification Number
(WDID) from the State Water Resources Control Board, either mail, FAX or hand deliver a
copy of the WDID letter from the State to the City Engineer as proof of filing.
19.20. 403. Conditional Category - Notice of Non-Applicability
(al To the extent permissible under state and federal law, businesses which own or operate
facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a "Notice Of Non-Applicability"
in lieu of an NOI if they are able to certify on the form provided by the State Water
Resources Control Board that there is no manufacturing process, material, equipment or
product storage outside in an area that is exposed to storm water runoff. The "Notice of
Non-Applicability" must document all of the following:
(1) All prohibited non-storm water discharges have been eliminated or otherwise permitted;
(2) All significant materials related to industrial activity (including waste materials) are not
exposed to storm water or authorized non-storm water discharges;
(3) All industrial activities and industrial equipment are not exposed to storm water or
authorized non-storm water discharges;
(4) There is no exposure of storm water to significant materials associated with industrial
activity through other direct or indirect pathways such as from industrial activities that
generate dust and particulates.
(b) Businesses in this category are required to submit the Notice of Non-Applicability to the local
office of the Regional Board and are required to maintain the above documentation on-site
at all times. They are also required to re-evaluate and re-certify once a year that the
conditions above are continuously met. Copies of the "Notice of Non-Applicability" form are
available from the City Engineer.
Ordinance No. 740
Page 19 of 32
19.20.404. Best Management Practices (BMPs)
(a) All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in
the California Storm Water Best Management Practice Handbooks or the current San
Bernardino County Municipal Storm Water Management Program, to reduce pollutants in
storm water runoff and reduce non-storm water discharges to the MS4 to the maximum
extent practicable. All structural controls and BMP's shall also be maintained to effectively
prevent pollutants from contacting storm water or remove pollutants from storm water runoff
to the maximum extent practicable. Maintenance records for structural BMP's and treatment
devices, including waste hauling receipts shall be kept for a period of five (5) years and
made available to the City's inspector, upon request.
(1) If structural or treatment controls or BMP's are not functioning as designed or are not
effective in reducing storm water pollutants or non-storm water discharges to the
maximum extent practicable, the City will require that the control device or BMP be
repaired, rebuilt or replaced.
(2) Storage of Materials, Machinery, and Equipment: No person shall place machinery or
equipment that is to be repaired or maintained in areas susceptible to or exposed to
storm water, in a manner that leaks, spills and other maintenance-related pollutants are
discharged to the Municipal Separate Storm Sewer System.
(3) Food Wastes: Food wastes generated by non-residential food service and food
distribution sources shall be properly disposed of and in a manner so such wastes are
not discharged to the MS4.
(4) Best Management Practices: Best Management Practices shall be used in areas
exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel
and chemical wastes, animal wastes, garbage, batteries, or other materials which have
potential adverse impacts on water quality.
Article 5. Construction Requirements
19.20. 501. Non-Storm Water Discharges
Discharges of non-storm water from construction activities are prohibited except for those
discharges listed in Section 19.20.207 of this Chapter or any discharges authorized by the City
Engineer or the 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 (Order No. 128-2003-0061 or any applicable successor order) issued by
the Regional Water Quality Control Board, Santa Ana Region.
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;
Ordinance No. 740
Page 20 of 32
(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, etc.;
(6) Discharges resulting from the maintenance of potable water supply pipelines, tanks,
reservoirs, etc.;
(7) Discharges resulting from the disinfection of potable water supply pipelines, tanks,
reservoirs, etc.;
(8) Discharges from potable water supply systems resulting from system failures, pressure
releases, etc.;
(9) Discharges from fire hydrant testing or flushing;
19.20. 502. Best Management Practices
All construction projects which could potentially have an adverse impact on the City's Municipal
Separate Storm Sewer 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.
19.20.503. General Permit for Storm Water Discharges from Construction Activity
(a) Any developer/owner engaging in construction activities, which disturb five acres 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 five acres but are part of a larger
common plan of development or sale that is greater than five acres must also apply for
coverage under the General Storm Water Permit for Construction Activity with the State
Water Resources Control Board (SWRCB). 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
California 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's Engineering Department, Environmental section. 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 (VVDID) to the City's Engineering
Department.
Ordinance No. 740
Page 21 of 32
19.20. 504. Non-Storm Water Discharge Reporting Requirements
Authorized non-storm water discharges under Section 19.20.503 shall be reported to the City
Engineer at least five (5) 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's Engineering Department, Environmental Section will
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 Engineering Department, Environmental Section, 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. If the City
provided form is not utilized, a report shall be submitted prior to discharge, which includes the
following information:
(1) Type of proposed discharge;
(2) Estimated average and maximum daily flow rate;
(3) Frequency and duration of discharge;
(4) A description of the proposed treatment system (if appropriate);
(5) A description of the path from the point of discharge to the nearest storm drain inlet.
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
thirty (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's Engineering Department,
Environmental section on a weekly basis.
19.20.505. Storm Water Quality Management Plan (SWQMP)
Prior to the issuance of any grading or building permit, all qualifying land
development/redevelopment proiects, 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 five acres.
Qualifying development/redevelopment projects include:
(1)Home subdivisions of 10 units or more. This includes single family residences, multi-
family residences, condominiums, apartments, etc.;
(2) Industrial/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;
Ordinance No. 740
Page 22 of 32
(3) Vehicle maintenance and automotive repair shops (SiC codes 5013, 5014, 5541, 7532-
7534, 7536-7539);
(4) Food Service businesses where the land area of the development is 5,000 square feet
or more;
(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 twenty-five percent 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 CWA Section 303(d) list of impaired waters;
(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;
(8) All significant re-development 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, etc.
Article 6. Administrative Enforcement Remedies
19.20. 601 Authority to Inspect
(a) The City Engineer, or the City Engineer's designated representative, shall be authorized, at
any reasonable time, to enter the premises or Developed Parcel of any discharger to the
City's Municipal Separate Storm Sewer System to determine compliance with the provisions
of this chapter, and to:
(1) Conduct inspection, monitoring, and/or other authorized duties to enforce the provisions
of this chapter;
(2) 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; and
(3) Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste
generating processes, treatment facilities, and discharge locations. Such inspection
may include the necessity to photograph or videotape any applicable chemicals,
materials, wastes, storage areas, storage containers, and waste generating processes,
treatment facilities, and discharge locations.
(b) The City Engineer or his designated representative shall provide adequate identification
when entering the premises of any discharger. If such entry is refused or cannot be
obtained, the City Engineer shall have recourse to every remedy provided by law to secure
lawful entry and inspection of the premises.
Ordinance No. 740
Page 23 of 32
(c) If the City Engineer has reasonable cause to believe that non-storm water discharge
conditions on or emanating from the premises are of a nature so as to require immediate
inspection to safeguard public health or safety, the City Engineer shall have the right to
immediately enter and inspect said property and may use any reasonable means required to
effect such entry and make such inspection, regardless if said property is occupied or
unoccupied and regardless if formal permission to inspect said property has been obtained.
(d) Where a discharger has instituted security measures requiring proper identification and
clearance before entry onto the premises, the discharger shall make all necessary
arrangements with its security agents in order that, upon presentation of such identification,
the City Engineer or his designated representative(s) shall be permitted to enter the
premises without delay, for the purpose of performing their authorized duties. For facilities,
which require special clearances to conduct inspections, it shall be the responsibility of the
discharger to obtain all necessary clearances on behalf of the City so that the inspection is
not impaired.
19,20.602. Notice of Correction (NOC) and Notice of Violation (NOV)
(a) Notice of Correction (NOC)
Whenever the City Engineer or his designated representative finds that any person threatens to
violate or has already violated any prohibition, limitation or requirement contained in this
chapter, any NPDES Permit or the Basin Plan, the City may serve upon such person a written
Notice of Correction stating the nature of the violation and the necessary actions that must be
implemented to correct the situation. The NOC shall stipulate a time period by which the
problem must be corrected and the penalties for non-compliance.
(b) Notice of Violation (NOV)
(1) When the City Engineer or his designated representative finds that any person has failed
to comply with a Notice of Correction or has violated or continues to violate any
prohibition, limitation or requirement contained in this chapter, any NPDES Permit or the
Basin Plan, the City may serve upon such person a written Notice of Violation stating the
nature of the violation and the penalties for non-compliance. At a minimum, the Notice
of Violation shall require that the person to submit to the City Engineer, within a time
period specified in the notice, a plan indicating the cause of the violation and corrective
actions which will be taken to prevent recurrence.
(2) A discharger shall be guilty of a separate offense for every day during any portion of
which any violation of any provision of this chapter is committed, continued, or permitted
by the discharger.
(3) Pursuant to California Government Code Section 53069.4 and 36900.(b) the following
violation assessments will apply to the issuance of a Notice of Violation by the City
Engineer or his authorized representative:
(i) A First Notice of Violation shall be issued for a first violation of this chapter and shal~
be punishable by a fine not exceeding one hundred dollars ($100.00);
Ordinance No. 740
Page 24 of 32
(ii) A Second Notice of Violation shall be issued for a second violation of this same
ordinance within one year and shall be punishable by a fine not exceeding two
hundred dollars ($200.00);
(iii) A Third Notice of Violation shall be issued for a third violation of this same ordinance
within one year and shall be punishable by a fine not exceeding five hundred dollars
($500.00). Each additional violation of the same ordinance within one year shall atso
be punishable by a fine of $500.00.
19,20, 603. Falsifying Information
Any person who knowingly makes any fatse statement, representation, record, report, plan or
other document filed with the City, or who falsifies, tampers with or knowingly renders
inaccurate monitoring devices or methods required under this Chapter, shall have violated this
Chapter and shall be guilty of a misdemeanor.
19.20. 604. Administrative Civil Penalties
(a) Pursuant to California Government Code §54739 and §54740.5, the City Engineer may
issue an administrative complaint to any person who violates this chapter, any prohibition or
limitation thereof or any compliance order, cease and desist order, stop work order or
injunction. The administrative complaint shall allege the act or failure to act that constitutes
the violation, the proposed civil penalty, and the authority under which it is imposed.
(b) The Administrative Complaint, served on the alleged violator by personal delivery or by
certified mail, shall inform the person served that a hearing before the City Engineer shall be
conducted within sixty (60) days of the service of the complaint. The right to a hearing may
be waived by the person who has been issued the administrative complaint, in which case
the City shall not conduct a hearing. A person dissatisfied with the decision of the City
Engineer may appeal to the City Council of the City of Rancho Cucamonga within thirty (30)
days of notice of the Engineer's decision.
(c) If after the hearing, or appeal, if any, it is found that the person has violated reporting or
discharge requirements, the City Engineer or City Council may assess a civil penalty against
that person. In determining the amount of the civil penalty, the City Engineer or City Council
may take into consideration all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation, the economic benefit derived through any
noncompliance, the nature and persistence of the violation, the length of time over which the
violation occurs and corrective action, if any, attempted or taken by the discharger.
(d) Civil penalties may be assessed, as follows:
(1) In an amount which shall not exceed three thousand dollars ($3,000) for each day for
failing or refusing to timely comply with any compliance order established by the City;
(2) In an amount which shall not exceed five thousand dollars ($5,000) per violation for
each day of discharge in violation of any discharge limitation, areawide urban runoff
permit condition, or requirement issued, reissued or adopted by the City;
Ordinance No. 740
Page 25 of 32
(3) In an amount which shall not exceed ten dollars ($10) per gallon for discharges in
violation of any stop work order, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the City.
(4) The amount of any civil penalties imposed under this section which have remained
delinquent for a period of 60 days shall constitute a lien against the real property of
the discharger from which the discharge originated resulting in the imposition of the
civil penalty. The lien provided herein shall have no force and effect until recorded
with the San Bernardino County recorder and when recorded shall have the force
and effect and priority of a judgment lien and continue for 10 years from the time of
recording unless sooner released, and shall be renewable in accordance with the
provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil
Procedure.
All monies collected under this section may be deposited in a special account by the City and to
be made available for the monitoring, treatment, and control of discharges into the City's storm
drainage system or for other mitigation measures.
(e) Unless appealed, an order imposing administrative civil penalties shall become effective and
final upon issuance thereof, and payment shall become due within thirty (30) days of
issuance of an invoice by the City. Copies of these orders shall be served by personal
service or by registered mail upon the party served with the administrative complaint and
upon other persons who appeared at the hearing and requested a copy.
(f) The City may, at its option, elect to petition the superior court to confirm any order
establishing civil penalties and enter judgment in conformity therewith in accordance with
the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil
Procedure.
19,20, 605, Administrative Hearing
(a) Any person who receives a notice of correction, notice of violation, administrative order, or
other notice specified in this chapter may request, or the City Engineer may order, an
administrative hearing, at which time, a person who causes or allows, or who has caused or
allowed, an unauthorized discharge to enter into the City's Municipal Separate Storm Sewer
System or who continues to allow a violation of this chapter to exist, may show cause why a
proposed enforcement action should not be taken against him. The City Manager, or the
City Manager's designee, shall preside over the administrative hearing, at which time each
party, including the discharger and the City Engineer or his designee, shall have the right to
present evidence.
(b) A Notice of Hearing shall be served on the discharger specifying the time and place of the
hearing and referencing the specific violation and/or violations of this chapter, the reasons
why the action is to be taken and the proposed enforcement action, directing the discharger
to show cause before the Hearing Officer why the proposed enforcement action should not
be taken. The Notice of Hearing shall be served personally or by registered or certified mail,
return receipt requested at least ten (10) working days prior to the hearing. Service of the
Notice of Hearing may be made on any agent or officer of the discharger.
Ordinance No. 740
Page 26 of 32
19.20.606. Administrative Orders
The City Engineer may require compliance with any prohibition, limitation or requirement
contained in this chapter, any NPDES storm water permit or the Basin Plan, by issuing an
Administrative Order, enforceable in a coud of law or by directly seeking court action.
Administrative orders may include Compliance Orders, Stop Work Orders, Cease and Desist
Orders, Termination of Service Orders and Immediate Termination of Service Orders.
(a) Compliance Orders - The City Engineer or his designee may issue a Compliance
Order to any person who fails to correct a violation of this chapter, any NPDES storm
water permit or the Basin Plan. The Order shall be in writing, specify the violation(s) and
require appropriate compliance measures within a specified time period. The
Compliance Order may include the following terms and requirements.
(1) Specific steps and time schedules for compliance as reasonably
necessary to eliminate an existing prohibited discharge or illegal connection or to
prevent the imminent threat of a prohibited discharge;
(2) Specific requirements for containment, cleanup, removal, storage, installation
of overhead covering or proper disposal of any pollutant having the potential to
contact storm water runoff;
(3) Installation of stormwater treatment devices, containment structures,
wash racks and addition and removal of stormwater drains;
(4) Any other terms or requirements reasonably calculated to prevent
imminent threat of or continuing violations of this chapter, including, but not
limited to requirements for compliance with Best Management Practices
guidance documents promulgated by any federal, state or regional agency.
(5) The City Engineer or his designee may adopt a proposed compliance
schedule submitted by the user or may adopt a revised comp{iance schedule if in
his judgment, the proposed compliance schedule would allow the user to cause
harm to the receiving waters and/or the City's MS4.
(6) A Compliance Order shall require the person to pay a one thousand dollar
($1000.00) penalty fee to the City for the issuance thereof.
(b) Stop Work Order - The City Engineer or Building Official may serve a written Stop
Work Order on any person engaged in doing or causing to be done, new construction,
tenant improvements, alterations or additions, if:
(1) No construction permit has been granted by the City;
(2) Work has begun prior to the submittal of a written Storm Water
Quality Management Plan (SWQMP) and subsequent approval by the City
Engineer or his designee; or,
Ordinance No. 740
Page 27 of 32
(3) Violations of this chapter are found at the site of the new construction,
tenant improvements, alterations or additions.
Any person served a Stop Work Order shall stop such work forthwith until written
authorization to continue is received from the City Engineer or Building Official. A Stop
Work Order shall require the discharger to pay a one thousand dollar ($1000.00) penalty
fee to the City for the issuance thereof.
(c) Cease and Desist Order- When the City Engineer or his designee finds that any person
or industrial and/or commercial discharger has violated or threatens to violate any
prohibition, limitation or requirement contained in this chapter, any NPDES storm water
permit or the Basin Plan, or NPDES Storm Water Permit, the City may issue a Cease
and Desist Order directing such person to:
(1) Immediately discontinue any illicit connection or prohibited discharge to
the City's Municipal Separate Storm Sewer System;
(2) Immediately contain or divert any flow of water off the property, where the
flow is occurring in violation of any provision of this chapter;
(3) Immediately discontinue any other violation of this chapter.
A Cease and Desist Order shall require the discharger to pay a one thousand dollar
($1000.00) penalty fee to the City for the issuance thereof.
(d) Termination of Service - When the City Engineer finds any person or industrial and/or
commercial discharger, who has a direct connection into the City's Municipal Separate
Storm Sewer System or has violated an Administrative Order, the City Engineer may
terminate storm drain service to the discharger. The person shall be liable for all costs
for termination of storm drain service incurred by the City. This provision is in addition to
any other statues, rules or regulations authorizing termination of service for delinquency
payment or for any other reasons. Storm drain service shall be re-instituted by the City
Engineer after the discharger has complied with all the provisions of the Administrative
Order. The person shall also be liable for all costs for re-instituting storm drain service.
(e) Immediate Termination of Service - The City Engineer may immediately suspend storm
drain service and any non-storm water discharge permit when such suspension is
necessary, in the opinion of the City Engineer, to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment to the health or
welfare of persons or the environment, or which significantly or could significantly cause
pollution to the receiving waters, ground and/or storm drainage system of the City. Any
person or industrial and/or commercial discharger notified that their storm drain service
has been suspended shall immediately cease and eliminate the discharge into the City
Municipal Separate Storm Sewer System.
In the event of failure to comply voluntarily with the Termination of Service Order, the
City Engineer shall take appropriate steps, including immediate severance of all
applicable storm drain connections. All persons responsible for a discharge that may
Ordinance No. 740
Page 28 of 32
endanger the health or welfare of the community or the environment shall be liable for all
costs incurred by the City in terminating storm drain service. Storm drain service shall
be re-instituted by the City Engineer after the actual or threatened discharge has been
eliminated. A detailed written statement, submitted by the industrial and/or commercial
discharger, describing the cause of the harmful contribution and the measures to prevent
any future occurrence, shall be submitted to the City Engineer within ten (10) working
days of the date of storm drain service termination.
19,20, 607. Appeals
Any decision of the City Engineer may be appealed to the City Manager. An appeal must be
initiated within ten (10) working days after receipt of the notice of any decision or action by filing,
with the City Engineer, a letter of appeal briefly stating therein the basis for such appeal. The
hearing on appeal shall be held on a date no more than fifteen (15) working days after receipt of
the letter of appeal. The appellant shall be given at least five (5) working days notice of the time
and place of the hearing. The City Manager, or the City Manager's designee, shall provide the
appellant and any other interested party the reasonable opportunity to be heard and in order to
show cause why the determination of City Engineer should not be upheld. Within forty-five (45)
working days of the hearing, the City Manager, or the City Manager's designee, shall make a
written decision regarding the appeal. The decision of the City Manager, or the City Manager's
designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal
period unless the City Engineer determines that such a stay would threaten the public safety,
health or welfare.
19.20.608. Compensation for Damages
Any person who damages monitoring equipment, has the potential to affect or affects human
health or the environment, discharges pollutants into the City's storm drainage system which
causes or has the potential to cause increased maintenance of the system, non-routine
inspection or sampling of the system, system blockages or other damage or interference in the
City's Municipal Separate Storm Sewer System, or causes any other damages, including the
imposition of fines or penalties on the City by Federal, State or local regulatory agencies, shall
be liable to the City for all damages and additional costs, including fines and penalties. An
administrative fee, which shall be fixed by the City Manager based on the City's current
overhead cost allocation percentage, shall be added to these charges and shall be payable to
the City within thirty (30) calendar days of invoicing.
Article 7. Judicial Enforcement Remedies
19.20.701. Violations Deemed a Public Nuisance
In addition to the penalties established by this Chapter, any threat to public health, safety or
welfare shall be declared and deemed a public nuisance. Any condition caused or permitted to
exist in violation of any of the provisions of this Chapter is hereby determined to be a threat to
the public health, safety and welfare, is declared and deemed a public nuisance. Such public
nuisance may be summarily abated and/or remedied by the City Engineer, and/or civil action to
abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City
Attorney.
Ordinance No. 740
Page 29 of 32
(a) The cost of such abatement, remediation and/or restoration shall be borne by the owner,
lessee or tenant of the property causing the violation. The cost thereof shall be a lien
upon and against the property and such lien shall continue in existence until the same
shall be paid. The cost of such abatement and restoration shall be borne by the owner
of the property and the cost thereof shall be billed to the owner of the property, as
provided by law or ordinance for the recovery of nuisance abatement costs.
(b) The City Engineer may assess the violator for the costs of any investigation, inspection,
or monitoring survey which led to the establishment of the violation, and for the
reasonable costs of preparing and bringing legal action under this subsection.
(c) The City Engineer may assess the violator for costs incurred in removing, correcting, or
terminating the adverse effects resulting from violation.
(d) The City Engineer may assess the violator for compensatory damages for loss or
destruction to water quality, wildlife, fish and aquatic life.
(e) If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City
Engineer shall so declare. The failure of any person to take appropriate annual
precautions to prevent storm water pollution after written notice of a determination under
this paragraph shall constitute a public nuisance and a violation of this Chapter.
(f) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
Chapter shall constitute a violation of such provision.
19,20, ?02. Legal Action
(a) The City Attorney may commence an action for appropriate legal, equitable or injunctive
relief in the Municipal or Superior Court of San Bernardino County against any person
who has violated or continues to violate any provision of this chapter, the Basin Plan,
federal or state discharge standards or permit conditions, or who violates the
requirements of any Administrative Order.
(b) In addition to the penalties provided in this chapter, the City Engineer may recover all
reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by
appropriate suit of law against the person(s) found to have violated any provision of this
chapter or the orders, rules, regulations and permits issued thereunder and other
expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages incurred by the City.
(c) To the extent the City makes a provision of this Chapter or any identified BMP a
condition of approval to the issuance of a permit or license, any person in violation of
such condition is subject to the permit revocation procedures set forth in this Code.
(d) Remedies under this Section are in addition to and do not supersede or limit any and all
other available remedies, civil or criminal. The remedies provided for herein shall be
cumulative and not exclusive.
Ordinance No. 740
Page 30 of 32
19.20. 703. Civil Penalties
(a) Persons who continue to violate any provision of this chapter shall be liable to the City
for a maximum civil penalty of twenty five thousand dollars ($25,000) but not less than three
thousand dollars ($3,000.00) per violation per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained through the discharger's
violation, corrective actions by the discharger, the compliance history of the discharger, and any
factor as justice requires.
(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any
other action against a discharger. The City may institute further legal action to collect such
penalties in the event that the violator of this chapter fails or refuses to pay said penalty within
thirty (30) days from the date that it has been assessed.
19.20. 704. Criminal Prosecution
(a) Any person who willfully or negligently violates any provision of this chapter or permit
conditions, or who violates any Administrative Order or any other provision of this chapter is
guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than three
thousand dollars ($3,000.00) and/or by imprisonment for a period of not more than six (6)
months. Each such person shall be deemed guilty of a separate offense for every day during
any portion of which any violation of any provisions of this chapter is committed, continued or
permitted by such discharger, and shall be punishable therefore as provided by this section.
(b) Any person who knowingly makes any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this chapter, storm water permit, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required under this ordinance shall, upon conviction, be punished by a fine of not less than three
thousand dollars ($3,000.00) per day of violation or by imprisonment or by both.
Article 8. General Clauses
19.20. 801. Severability
If any provisions, paragraph, word, section, subsection or article of this Chapter is invalidated by
any court of competent jurisdiction, the remaining provisions, paragraph, words, sections, and
other chapters, shall not be affected and shall continue in full force and effect. The City Council
hereby declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause, portion, or phrase without regard to whether any other section,
subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently
declared invalid or unconstitutional.
Ordinance No. 740
Page 31 of 32
19.20.802. Construction and Application.
This Chapter shall be construed to assure consistency with the requirements of the federal
Clean Water Act and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, and the Municipal NPDES Perm[t, and any amendment, revision or
reissuance thereof.
SECTION 2: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner prescribed by
law.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 740
Page 32 of 32
PASSED, APPROVED, AND ADOPTED this 16th day of March 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. AleXander, Mayor
/
ATTEST:
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 2nd day of March 2005, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16h day March 2005.
Executed this 17th day of March 2005, at Rancho Cucamonga, California.