Chapter 13.44 STORM WATER MANAGEMENT

The title of this chapter is the city of San Jacinto stormwater/urban runoff management and discharge controls ordinance. (Ord. 1025 Art. I § 1, 1996)

13.44.020 Purpose and intent.

The purpose of this chapter is to protect the future health, safety and general welfare of city’s citizens by:

A. Reducing pollutants in stormwater discharges to the maximum extent practicable;

B. Regulating illicit connections and discharges to the storm drain system; and

C. Regulating non-stormwater discharges to the storm drain system.

The enforcement of this chapter is intended to protect and enhance the water quality of city watercourses, water bodies, groundwater, and wetlands in a manner consistent with the Federal Clean Water Act (33 U.S.C. Section 1342 et seq.). (Ord. 1025 Art. I § 2, 1996)

13.44.030 Definitions.

The words and phrases used in this chapter shall have the following meanings:

“Authorized enforcement officer” means an employee or agent of the city charged with the enforcement of this chapter.

“Best management practice (BMP’s)” means any prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMP’s shall include, but are not limited to, those measures specified in the California Storm Water Best Management Practice Handbook for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the director of community development. “City” means the city of San Jacinto.

“Director of community development” means the director of the city of San Jacinto’s department of community development or his or her designee.

“Illicit connection” means any physical connection to a storm drain system which has not been permitted by the city or another public agency which may authorize such connections.

“Illicit discharge” means any discharge to the city’s storm drain system that is not composed entirely of stormwater runoff, except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.

“Municipal NPDES permit” means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.

“National Pollution Discharge Elimination System Permit (NPDES) permit” means the most current stormwater discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.

“Non-stormwater discharge” means any discharge to the storm drain system that is not entirely composed of stormwater.

“Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by laws as the subject of rights or duties.

“Pollutant” means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, entercoccus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

“Premises” means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

“Storm drain system” means any facility within the incorporated areas of the city by which stormwater may be conveyed to waters of the United States. Storm drain system includes, but is not limit ed to, any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

“Stormwater runoff” means surface runoff and drainage associated with rain storm events and snow melt. (Ord. 1025 Art. I § 3, 1996)

13.44.040 Responsibility for administration.

This chapter shall be administered for the city by the director of community development and the city attorney and/or the Riverside District attorney shall have the authority to prosecute all violations of this chapter. (Ord. 1025 Art. I § 4, 1996)

13.44.050 Construction and application.

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act (33 U.S.C. Section 1342 et seq.) and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof. (Ord. 1025 Art. I § 5, 1996)

13.44.060 Discharge of pollutants.

No person shall make non-stormwater discharges to the storm drain system, unless such discharge is in compliance with a NPDES permit issued for the non-stormwater discharge.

A. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in this section:

1. The prohibition against non-stormwater discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the NPDES permit and other applicable laws or regulations.

2. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, accordingly are not subject to the prohibition of discharges. (Ord. 1025 Art. II § 1, 1996)

13.44.070 Discharge in violation of permit.

Any discharge that would result in or contribute to a violation of the city’s NPDES permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city, its elected officials, officers, employees and agents, in any administrative or judicial enforcement action relating to such discharge. (Ord. 1025 Art. II § 2, 1996)

13.44.080 Illicit discharge and illicit connections.

No person shall establish, use, maintain or continue illicit drainage connections to the storm drain system, and to commence or continue any illicit discharges to the storm drain system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 1025 Art. II § 3, 1996)

13.44.090 Reduction of pollutants in stormwater.

Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities that may result in pollution of the storm drain system include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities and stores fronting streets. (Ord. 1025 Art. II § 4, 1996)

13.44.100 Littering.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant 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 plot of land in the city. The only exception being where such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal. No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city. (Ord. 1025 Art. II § 5, 1996)

13.44.110 Standard for parking lots and similar structures.

Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, 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. (Ord. 1025 Art. II § 6, 1996)

13.44.120 Outdoor storage areas spill containment.

No person shall store potential pollutants in unsealed containers, including but not limited to, motor vehicle or machine parts which may leak grease, oil, or other toxic substances in areas where stormwater runoff accumulates. To contain the spillage of non-stormwater discharges from any container, the city may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create hazardous or toxic substances. (Ord. 1025 Art. II § 7, 1996)

13.44.130 New development and redevelopment.

Contractors constructing new development or redevelopment projects, and the owners thereof, shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The director of community development shall identify the BMP’s that may be implemented to prevent such deterioration and shall identify the manner of implementation. The BMP’s may, among other things, require new developments or redevelopments to do any of the following:

A. Increase permeable areas by leaving highly porous soil and low lying areas undisturbed; by incorporating landscaping and open space into the project design; by using porous materials for or near driveways and walkways; and by incorporating detention ponds and infiltration pits into the project design;

B. Direct stormwater runoff to permeable areas, by directing it away to swales, berms, green strip filters, gravel beds, and French drains; by installing raingutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and be designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas; or

C. Maximize stormwater storage for reuse by using retention structures, subsurface areas, cisterns or other structures to store stormwater runoff for reuse or slow release. (Ord. 1025 Art. II § 8, 1996)

13.44.140 Existing development.

Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The director shall identify the BMP’s that may be implemented to prevent such deterioration and shall identify the manner of implementation. (Ord. 1025 Art. II § 9, 1996)

13.44.150 Concealment.

No person shall cause, permit, aid, abet, or conceal a violation of any provision of this chapter. (Ord. 1025 Art. II § 10, 1996)

13.44.160 Authority to inspect.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, said officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that (1) if such building or premises are occupied, he or she shall first present proper credentials and request entry; and (2) if such building or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall be accompanied by a statement to the effect that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owners and/or occupant refuse(s) entry after such request has been made, the officer is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors. (Ord. 1025 Art. Il § 11, 1996)

13.44.170 Authority to sample and establish sampling devices.

With the consent of the owner or occupant of premises or pursuant to a search warrant, an authorized enforcement officer may establish on any premises such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 1025 Art. II § 12, 1996)

13.44.180 Notification of spills.

All persons in charge of premises are responsible to train facility personnel and notify the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge to the storm drain system.

As soon as any person in charge of premises or responsible for emergency response for premises has knowledge of or suspects a release of hazardous material, pollutants or waste, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall first notify the city of the occurrence by telephone or in person and shall also notify the Riverside County health department by similar method. (Ord. 1025 Art. II § 13, 1996)

13.44.190 Requirement to test or monitor.

Authorized enforcement officers may request that any person engaged in any activity and/or owning or operating any premises which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reasonable reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

In the event the owner or operator of premises subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analysis and the cost, therefore, including the reasonable additional administrative costs incurred by the city, shall be borne by the owner of the premises. If an invoice demanding payment is not paid within sixty (60) days of the issuance thereof, the costs may be imposed as a lien upon and against the property and continue in existence until the same shall be paid. (Ord. 1025 Art. II § 14, 1996)

13.44.200 Charges and fees.

The city may recover costs for the implementation and enforcement of this chapter. These fees must relate exclusively to matters covered by this chapter and are separate from all other fees chargeable by resolution of the city council. The city charges and fees may include, but are not limited to, fees and charges for the following:

A. Developing, implementing, and operating the city’s stormwater management and discharge controls program and this chapter;

B. Monitoring, inspection, surveillance procedures and laboratory costs;

C. Reviewing plans and construction inspection;

D. Non-compliance and enforcement. (Ord. 1025 Art. III § 1, 1996)

13.44.210 Violations—Misdemeanors/ infractions.

A violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute an infraction. Repeated violations may be prosecuted as misdemeanors at the discretion of the city attorney. (Ord. 1025 Art. III § 2, 1996)

13.44.220 Violation—Penalty.

Upon conviction of a misdemeanor for violating any provision of this chapter, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth by law. Upon conviction of an infraction for violating any provision of this chapter, a person shall be subject to payment of a fine, not to exceed the limits set forth by law. (Ord. 1025 Art. III § 3, 1996)

13.44.230 Separate offenses.

A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (Ord. 1025 Art. III § 4, 1996)

13.44.240 Violations deemed public nuisance.

In addition to the criminal penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and may be declared and deemed, after an administrative hearing, to be a public nuisance, which may be summarily abated.

The cost of such abatement shall be borne by the owner of the premises and the cost thereof may be imposed as a lien upon and against the premises and such lien shall continue in existence until the same shall be paid. (Ord. 1025 Art. III § 5, 1996)

13.44.250 Administration enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement officer has the authority to pursue and take the following administrative actions:

A. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon any parcel of lands, or upon any premises of land or grounds, which may result in an increase in pollutants entering a storm drain system, street system, or natural watercourse, or a non-stormwater discharge to a storm drain system, street system, or natural watercourse, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. In the event the owner or operator of premises fails to conduct the activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice to be performed by city or a contractor hired by the city, and the cost thereof shall be invoiced to the owner of the premises. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the premises.

C. Stop Work Order. An authorized enforcement officer may serve a stop work order on any person engaged in doing or causing to be done, construction, improvements, or other activity in violation of this chapter. Any person served with a stop work order shall immediately cease work until authorized in writing to proceed by the director.

D. Written Warning. An authorized enforcement officer may issue a written warning, including a compliance date, to persons who are found to be or are suspected of violating this chapter. (Ord. 1025 Art. III § 6, 1996)

13.44.260 Civil actions.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, 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. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; or

D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to city to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 1025 Art. III § 7, 1996)

13.44.270 Appeal.

Any person required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer may appeal such decision by an authorized enforcement officer in writing to the director for reconsideration within ten days following the effective date of the decision. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Upon receipt of such request, the director shall render a decision on the request for reconsideration.

The person may within ten days after notification of the director’s decision, file a written appeal with the city council. The written appeal to the city council and a requisite filing fee must be submitted to the city clerk. Upon receipt of the written appeal and the requisite filing fee the city clerk shall set the matter for hearing with the city council at the earliest practical date. At the hearing, the city council may hear additional evidence, and may reject, affirm or modify the authorized enforcement officer’s decision. Such decision shall be final and shall complete the administrative process. (Ord. 1025 Art. III § 8, 1996)

13.44.280 Disclaimer of liability.

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1025 Art. N § 1, 1996)