The City of Palm Desert stormwater ordinance ensures proper management of stormwater to protect local waterways and maintain environmental balance. This regulation reduces pollution, promotes sustainability, and complies with federal and state water quality standards.
What is the City of Palm Desert Stormwater Ordinance?
The Stormwater Ordinance is Palm Desert’s local regulation that seeks to manage stormwater runoff and prevent pollution of the municipal storm drain system. This ordinance aligns with federal and state requirements, particularly the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) permits. It is designed to protect the quality of local water, reduce harm to the environment, and promote sustainability.
When unmanaged, stormwater runoff can carry pollutants—such as oil, debris, and chemicals—into waterways, disrupting ecosystems and contaminating water supplies. The ordinance establishes guidelines and responsibilities for residents, businesses, and developers to minimize these risks.
Key Provisions of the City of Palm Desert Stormwater Ordinance
Here is a summary of the key provisions under the City of Palm Desert, CA, municipal codes for stormwater drainage.
Discharge of Pollutants (24.20.050)
Discharging stormwater into the storm drain system is generally not allowed unless it falls under specific exceptions.
NPDES Permit Compliance
A discharge is allowed if regulated under an NPDES permit or waiver issued by California. The EPA must authorize the permit. The discharger must fully comply with all permit requirements and follow any related regulations to remain in compliance.
Allowed Discharges
When managed properly, certain activities are not considered pollutants and are permitted. These include the following:
- Flushing water lines or other discharges from drinking water systems
- Lawn watering and landscape irrigation
- Irrigation water or redirected stream flows
- Groundwater seepage or uncontaminated pumped groundwater
- Water from building foundations, crawl spaces, or air conditioners
- Natural flows from springs, wetlands, or riparian habitats
- Residential car washing
- Dechlorinated water from swimming pools
- Water used for firefighting efforts
These exceptions are in place to ensure compliance with water quality standards while allowing harmless or necessary activities.
Discharge in Violation of Permits (24.20.060)
Any discharge violating an existing or future municipal NPDES permit is prohibited. This includes permit No. CAS617002 and any future amendments, revisions, or reissuances.
Discharges are considered violations, whether individually or combined with other discharges. The person responsible for the discharge is fully liable for any resulting violations. They must defend, indemnify, and hold the city harmless in any related enforcement actions.
Reduction of Pollutants in Stormwater (24.20.080)
Throwing, leaving, or depositing refuse, garbage, or abandoned objects on any public or private property is prohibited. This includes streets, alleys, sidewalks, storm drains, catch basins, or drainage structures within the city.
The only exception is if the waste is temporarily placed in a proper container with a spill containment system. Allowing dumpsters or waste bins to leak pollutants into streets, drains, or land is also a violation.
Outdoor Storage Areas – Commercial and Industrial Facilities (24.20.090)
Improper grease, oil, or hazardous substances storage in outdoor areas is prohibited. Motor vehicles, machine parts, or objects that may leak hazardous substances must not be stored improperly.
The city may require a spill containment system to prevent hazardous substances from leaving the property. Spill containment systems can include dikes, walls, barriers, berms, or similar devices. Operating a spill containment system that allows incompatible liquids to mix and create hazards is not allowed.
Construction Sites (24.20.100)
Anyone performing construction work in the city must follow this chapter’s rules and comply with Section 27.12.065 on erosion control.
New Development and Redevelopment (24.20.110)
The city may require new developments or redevelopments to control stormwater runoff volume and rate to reduce pollutants. These measures aim to prevent water quality deterioration that could harm future water uses. The public works director may establish BMP standards to manage runoff and minimize pollutant transport.
Acceptable methods for controlling stormwater runoff include:
- Increase Permeable Areas
- Direct Runoff to Permeable Areas
- Maximize Stormwater Storage for Reuse
Compliance With General Permits (24.20.120)
Industrial dischargers, construction-related dischargers, or others under an NPDES permit must comply with all permit requirements. This includes permits issued by federal or state water boards, such as the Santa Ana, San Diego, or Colorado River Basin Regional Boards.
This chapter specifically adheres to the industrial stormwater general permit, construction activity stormwater general permit, and dewatering general permit. Before issuing city grading, building, or occupancy permits, proof of NPDES general permit compliance in an acceptable form may be required for the director.
Compliance With BMPs (24.20.130)
Any federal, state, regional, or city agency may adopt BMP guidelines for activities, operations, or facilities affecting stormwater. These guidelines address stormwater pollution, contamination, or non-stormwater discharges to the storm drain system. Anyone involved in such activities or owning such facilities must follow these guidelines directed by the city’s director.
Authority to Inspect (24.20.140)
Inspection Rights
Authorized officials may inspect buildings or premises to enforce this chapter if they suspect a violation. They can enter at reasonable times after presenting proper credentials and requesting entry. If the property is unoccupied, they must try to locate the owner or person in charge to request entry.
Right to Refuse Entry
Property owners or occupants can refuse entry during inspections. Officials must inform them of this right and can only proceed with a search warrant. If entry is denied, the official can seek a warrant from a court to gain access.
Routine Inspections
Routine or area inspections may be conducted based on reasonable criteria. This includes random sampling or inspecting areas with evidence of stormwater contamination, illicit discharges, or similar issues.
Authority to Sample and Establish Sampling Devices (24.20.150)
With the owner’s or occupant’s consent or with a search warrant, authorized officers may set up sampling or metering devices on any property. During inspections, officers can collect samples as needed to support their investigation or document on-site activities.
Notification of Spills (24.20.160)
Facility managers or those responsible for emergency response must train personnel and establish notification procedures. They must ensure immediate notification to the city if pollutants or waste are suspected or actually released and risk entering the storm drain system.
Upon discovering such a release, they must take all necessary steps to contain, clean up, and report it. A written confirmation of the notification must also be sent to the public works director.
Requirement to Test or Monitor (24.20.170)
Authorized enforcement officials may require individuals or facility owners to conduct monitoring, analyses, or reports on stormwater pollution or illicit discharges. These requests must be reasonable regarding the need for monitoring and the benefits gained.
The person or facility must perform the requested tasks and provide the required reports. If the owner or operator fails to comply, the city may conduct the monitoring or analysis itself. The cost of these activities, including administrative fees, will be charged to the property owner.
If the invoice remains unpaid after 60 days, the costs will become a lien on the property. If the lien is not resolved within three months, the property may be sold to recover the costs. This must follow the standard process for selling real estate under execution.
Violations Constituting Misdemeanors (24.20.180)
Violating any provision of this chapter or failing to meet its mandatory requirements is considered a misdemeanor. However, authorized enforcement officers may charge and prosecute such violations as infractions instead.
Penalties (24.20.190)
It is unlawful to violate any part of this chapter. Each day a violation occurs or continues counts as a separate offense. Violations can be charged as either infractions or misdemeanors.
A first violation is treated as an infraction and may result in a fine of up to $100. A second violation is also treated as an infraction, with a fine of up to $200. Finally, a third or additional violation is charged as a misdemeanor, punishable by a fine of up to $1,000, six months in jail, or both.
The first offense may be charged as a misdemeanor at the enforcement officer’s discretion. Paying fines does not remove the requirement to correct the violation.
Acts Potentially Resulting in Violation of the Clean Water Act/Porter-Cologne Act (24.20.210)
Anyone violating this chapter, a permit issued, or causing pollution through waste discharge may also violate the federal Clean Water Act or Porter-Cologne Act. Such violations may result in civil or criminal penalties under these Acts.
Violations Deemed a Public Nuisance (24.20.220)
Nuisance and Abatement
Any violation of this chapter that threatens public health, safety, or welfare may be declared a nuisance. An authorized enforcement officer can abate or restore the property. Alternatively, the city attorney may take civil action to stop the nuisance.
Cost of Abatement
The property owner must pay for the cost of abatement and restoration. These costs become a lien on the property until paid. If unpaid for three months after abatement, the property may be sold to cover the costs, following standard real estate execution procedures.
Seasonal and Recurrent Nuisances
A violation will be abated annually without further hearings if declared a seasonal and recurrent nuisance.
Recovery of Costs
If the city wins an administrative or civil case under this chapter, it will recover investigation costs, administrative fees, hearing expenses, legal fees, and other related costs.
Civil Actions (24.20.240)
The city may enforce this chapter through civil action, with remedies including:
- Injunctions that can be temporary or permanent to stop violations.
- Cost recovery for investigations, legal action, and corrective measures.
- Compensatory damages for harm to water quality, wildlife, and aquatic life.
Cease and Desist Orders (24.20.260)
If an enforcement officer finds a discharge violating this chapter, they may issue a cease-and-desist order. The order may require the person to comply with the rules or follow a compliance schedule immediately. The officer may also direct them to take preventive or corrective actions to stop future violations.
Notice to Clean (24.20.270)
If an enforcement officer finds materials like oil, dirt, weeds, or rubbish that may pollute storm drains, they can issue a removal notice. The property owner must remove these materials as instructed.
The officer may arrange for removal if the owner does not follow the notice. The property owner will be billed for the costs. A lien is placed on the property if the invoice is unpaid after 60 days. If the lien remains unpaid for three months, the property may be sold to recover costs.
Appeal (24.20.300)
Anyone required by an enforcement officer to perform monitoring, reporting, or corrective actions can appeal the decision. Appeals must be submitted in writing to the director within ten days of the decision.
The director will review the enforcement officer’s report and schedule a hearing as soon as possible. During the hearing, the director may consider additional evidence and either reject, affirm, or modify the decision. The director’s ruling is final.
The City of Palm Desert Stormwater Program Annual Inspection
The ordinance requires private stormwater facilities to undergo annual inspection and self-certification. Inspections must follow the specified timeframes, and necessary corrections must be completed within 90 days of the initial inspection. Certification forms, including photographs of stormwater components, are submitted to the city.
- Forms may be mailed to:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260 - Alternatively, forms may be emailed to mperry@palmdesert.gov.
The Bottom Line
The City of Palm Desert stormwater ordinance shows the city’s commitment to environmental ethics and public health. By adhering to its provisions, residents, businesses, and developers can help maintain clean waterways, prevent pollution, and promote sustainable practices.
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