ORDINANCE NO. 754.1
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 754
ESTABLISHING STORMWATER/URBAN RUNOFF MANAGEMENT
AND DISCHARGE CONTROLS
The Board of Supervisors of the County of Riverside Ordains as Follows:
TITLE, PURPOSE AND GENERAL PROVISIONS
Section 1. Title. This ordinance shall be known as the Riverside County Stormwater/Urban Runoff Management and Discharge Controls Ordinance and may be so cited.
Section 2. Purpose and Intent. The purpose of this ordinance is to ensure the future health, safety, and general welfare of County 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 intent of this ordinance is to protect and enhance the water quality of County watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. $ 1342).
Section 3. Definitions. The terms as used in this ordinance shall have the following meanings:
A. Best Management Practice (BMPs) shall mean any activities, 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. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the Director of TLMA.
B. County shall mean the County of Riverside.
C. Illicit Discharge shall mean any discharge to the 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, San Diego, or Colorado River basin Regional Water Quality Control Board.
D. Illicit Connection shall mean any physical connection to a storm drain system which has not been permitted by Riverside County, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.
E. National Pollutant Discharge Elimination System (NPDES) Permit shall mean a stormwater discharge permit issued by the Santa Ana, San Diego, or Colorado River Basin Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.
F. Municipal NPDES Permit shall mean an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.
G. Non-Stormwater Discharge shall mean any discharge to the storm drain system that is not entirely composed of stormwater.
H. Person shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
I. Pollutant shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/;or competing uses of the water. Pollutants 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, enterococcus, 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.
J. Premises shall mean any building, lot, parcel of land, land or portion of land whether improved or unimproved.
K. Storm Drain System shall mean any facility within the unincorporated areas of the County by which stormwater may be conveyed to waters of the United States. Storm drain system includes but is not limited 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.
L. Stormwater Runoff shall mean surface runoff and drainage associated with rain storm events and snow melt.
M. Director of TLMA shall mean the Director of the County Transportation and Land Management Agency.
Section 4. Responsibility for Administration. This ordinance shall be administered for the County by the Director of TLMA.
Section 5. Regulatory Consistency. This ordinance shall be construed to assure consistency with the requirements of the Clean Water Act 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.
Section 6. Severability. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.
MANAGEMENT AND DISCHARGE CONTROLS
Section 1. Reduction of Pollutants in Stormwater.
A. General. It is a violation of this ordinance to 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 County. The only exception being where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this ordinance to 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 County.
B. Construction Sites. Any person performing construction work in the County shall comply with the provisions of this ordinance, Sections 4.J.12 and 4.J.13 of Ordinance No. 457 and, Sections 5.1.D. and 5.2.E. of Ordinance No. 460.
C. New Development and Redevelopment. New development or redevelopment projects 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 TLMA 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:
1. 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.
2. Direct Runoff to Permeable Areas, by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, and french drains; by installing rain-gutters 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 by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas.
3. Maximize Stormwater Storage for Reuse, by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.
D. 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 of TLMA shall identify the BMP's that may be implemented to prevent such deterioration and shall identify the manner of implementation.
Section 2. Illicit Connections/Discharges. It is a violation of this ordinance to establish, use, maintain, or continue illicit connections to the storm drain system, or to commence or continue any illicit discharges to the storm drain system. This prohibition against illicit connections and discharges is expressly retroactive and applies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge.
Section 3. Non-Stormwater Discharges. The discharge of non-stormwater into the storm drain system is a violation of this ordinance except as specified below.
A. The discharge prohibition shall not apply to any discharge regulated under a NDPES Permit or Waiver issued to the discharger and administered by the State of California under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.
B. Discharges from the following activities will not be considered a violation of this ordinance when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, swimming pool discharges or flows from fire fighting.
Section 4. Discharges in violation of Permit.
A. Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of an existing or future Municipal NPDES Permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this ordinance and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the County in any administrative or judicial enforcement action relating to such discharge.
B. NPDES Permit for Industrial/Commercial and Construction Activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board, the Santa Ana Regional Water Quality Control Board, the San Diego Regional Water Quality Control Board or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the Industrial Stormwater General Permit, the Construction Activity Stormwater General Permit, and the Dewatering General Permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any County grading, building, or occupancy permits.
Any person in violation of this ordinance is subject to the procedures and penalties set forth in Ordinance No. 725. In addition, to the extent that the County makes any provision of this ordinance or identified BMP a condition of approval to the issuance of a permit, any person in violation of such condition is subject to the permit revocation procedures set forth in the ordinance governing permit issuance.
EFFECTIVE DATE OF ORDINANCE
This ordinance shall take effect 30 days after its adoption by the Board of Supervisors.
ADOPTED: 7-11-95 (Eff.: 8-10-95)
3.31 (Eff.: 1-2-97)