Fountain Valley, CA Environmental Rules: Stormwater Management (2026)
Key Facts
- Core ban
- No illicit connection or prohibited discharge to storm drains
- Intent required
- None: violation occurs regardless of negligence or intent
- Criminal penalty
- Up to $1,000 fine, up to six months jail, or both
- Compliance date limit
- 90 days, extendable another 90 for good cause
- Development standard
- Orange County DAMP guidance before permits issue
- Enforcing official
- Director of Public Works and authorized inspectors
Summary
In the City of Fountain Valley, California, Chapter 14.40 bars illicit connections and prohibited discharges of pollutants to the stormwater drainage system, and a violation occurs regardless of the violator's negligence or intent. New development and significant redevelopment must follow the Orange County Drainage Area Management Plan. Knowing violations are misdemeanors.
(a) No person shall: ... (1) Construct, maintain, operate and/or utilize any illicit connection; (2) Cause, allow or facilitate any prohibited discharge; (3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. ... (d) A civil or administrative violation of subsection (a) of this section shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
Full Breakdown
Chapter 14.40 of the Fountain Valley Municipal Code, adopted in 1997, exists because the City of Fountain Valley is a co-permittee under its NPDES permit. Section 14.40.030 says no person shall build or use an illicit connection or cause, allow or facilitate a prohibited discharge, and that includes acting through an agent, employee or independent contractor. A prohibited discharge is any discharge containing a pollutant to the storm drain system, upstream tributary flow, groundwater, rivers, wetlands, coastal harbors, bays or the Pacific Ocean. Pollutant is defined broadly, including household waste, used oil, animal wastes, construction wastewater, concrete cleanup, fertilizers, pesticides, sediment, and any substance with a pH below 6.5 or above 8.6.
A discharge exception protects stormwater, lawn watering, noncommercial vehicle washing, dechlorinated swimming pool discharges, potable water line flushing and firefighting, and the person being enforced against carries the burden of proving the exception applies. Under Section 14.40.040, new development and significant redevelopment must follow the Orange County Drainage Area Management Plan (DAMP) and any conditions set by the planning, public works or building departments, reviewed before a grading, building or nonresidential plumbing permit issues. One single-family detached residence is exempt unless a department finds it could discharge significant pollutants.
The applicant reimburses the city's review costs, and the city can require the conditions to be recorded against the property. The director of public works oversees enforcement, and authorized inspectors can enter property to trace a discharge with consent or a warrant, sample runoff and soil, and run smoke or dye tests.
Violations & Fines
Section 14.40.080 makes a negligent or knowing violation, concealment, or continuing after notice a misdemeanor punishable by a fine of not more than $1,000, imprisonment for not more than six months, or both, with each day a separate violation. Administrative remedies include a notice of noncompliance with a compliance date of up to ninety days, extendable another ninety, and compliance orders. Conditions are also declared nuisances, with abatement costs becoming a lien on the property.
Frequently Asked Questions
What can I legally let flow into a Fountain Valley storm drain?
Does intent matter for a stormwater violation?
Do new building projects in Fountain Valley have stormwater duties?
Can the city inspect my property for stormwater compliance?
How long do I have to fix a stormwater problem after a notice?
Sources & Official References
Other rules in Fountain Valley
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Stormwater Management in Nearby Cities
How other cities in Orange County handle stormwater management.