Ordinance 23-16ORDINANCE NO. 23-16'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING SECTION 14.12.080, 14.12.090 AND
14.12.100 OF THE EASTVALE MUNICIPAL CODE
WHEREAS, the Municipal Storm Water Program regulates storm water discharges from municipal
separate storm sewer systems (MS4s) throughout California.
WHEREAS, the State Water Resources Control Board (State Water Board) and Regional Water
Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal
Storm Water Program.
WHEREAS, the City of Eastvale wishes to update its Municipal Code to ensure that discharges
meet MS4 permit requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 14.12.080, 14.12.090, and 14.12.100 of the Eastvale Municipal Code is
amended in its entirety to read as follows (with crossed out words indicating deletions and
underlined words indicating additions):
"Sec. 14.12.080. — Nonstormwater discharges
The discharge of nonstormwater into the storm drain system is a violation of this chapter
except as specified as follows:
(1)The discharge prohibition shall not apply to any discharge regulated under an NPDES permit
or waiver issued to the discharger and administered by the state 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.
(2)Discharges from the following activities will not be considered a violation of this chapter
when properly managed: water line flushing and other discharges from potable water sources,
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, flows from riparian habitats and wetlands, or
flows from firefighting.
"Sec. 14.12.090. — Discharge 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 or any amendment or revision thereto or
reissuance thereof, either separately considered or when combined with other discharges, is a
violation of this chapter and is prohibited. Liability for any such discharge shall be the
responsibility of the person causing or responsible for the discharge, and such persons shall
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defend, indemnify and hold harmless the city in any admiinistrative or judicial enforcement
action relating to such discharge.
(b)NPDES permitfor iondustrial/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 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:
(1)The industrial stormwater general permit;
(2)The construction activity stormwater general permit; and
(3)The dewatering general permit.
Proof of compliance with such NPDES general permits may' be required in a form acceptable to
the city manager or designee prior to issuance of any city grading, building or occupancy
permits.
(c) It is unlawful for any person, firm, corporation or association of persons to violate any
provision of this chapter or to violate the provisions of any permit granted pursuant to this
chapter. Any person, firm,, corporation or association of persons violating any provision of this
chapter or the provisions of any permit granted pursuant to', this chapter, shall be deemed guilty
of an infraction or misdemeanor as specified in this chapter. Such person, firm, corporation or
association of persons 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 or the
provisions of any permit granted pursuant to this chipter is committed, continued or
permitted.
(1)Any person, firm, corporation or association of persons so convicted shall be guilty of an
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infraction offense and punished by a fine not exceeding:
a,.$100.00 for a first violation;
b.$200.00 for a second violation at the same site.
(2)The third and any additional violations on the same site shall constitute a misdemeanor
offense and shall be punishable by a fine not exceeding $11000.00, six months in jailor both.
Notwithstanding subsection (c)(1) of this section, a first offense may be charged and
prosecuted as a misdemeanor. Payment of any penalty in th'is section shall not relieve a person,,
firm, corporation or association of persons from the responsibility for correcting the violation.
"Sec. 14.12.100. — Right to inspect
An inspector employed by the city may enter at any time, any premises, grounds, facilities or
structures for which compliance is required by this chapter and inspect the premises, grounds,
facilities and structures located therein for compliance with water quality requirements
imposed by this chapter, county Ordinance Nos. 457 and 857, Water Code § 13000 et seq.
(Porter -Cologne Water Quality Control Act), 33 USC 1251 et seq. (Clean Water Act) and any
applicable state or federal regulations promulgated thereto, and any related administrative
orders or permits issued in connection therewith. Eastvale businesses are required to be
inspected per the MS4 Permit (Order No. R8-2010-0033, NPDES No. CAS 618033) Section ll, H.
Co-Permittee Inspection Programs. Inspection fees shall be paid at the time of business
registration, or when invoiced by the City, whichever occurs first.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause the same
to be published in accordance with law.
SECTION 5. This ordinance shall take effect thirty (30) days after its passage by the City Council.
PASSED, APPROVED AND ORDAINED this 8th day of February, 2023.
APPROVED AS TO FORM:
,r U
Erica Vega
City Attorney
/I_W/J
Todd Rigby
Mayor
ATTEST:
Affi -_
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing Ordinance No. 23-16, was introduced at a regular meeting of the City Council of the
City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the
City of Eastvale at a regular meeting held on the 8th day of February, 2023, by the following vote:
AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT:
NR
Marc A. Donohue, MMC
City Clerk/Communications Director