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Fountain Valley, CA Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Only discharges inside the code's discharge exception, which includes discharges composed entirely of stormwater, lawn watering, noncommercial vehicle washing, dechlorinated swimming pool water and permitted flows. If you are enforced against, you must prove your discharge fits the exception. Anything carrying a pollutant outside it is a prohibited discharge.
Does intent matter for a stormwater violation?
No. Section 14.40.030(d) says a civil or administrative violation occurs irrespective of the negligence or intent of the violator to build or use an illicit connection or to cause or allow a prohibited discharge. Intent and negligence matter only for the criminal misdemeanor in Section 14.40.080, which reaches negligent or knowing violations.
Do new building projects in Fountain Valley have stormwater duties?
Yes. New development and significant redevelopment must follow the Orange County Drainage Area Management Plan and conditions set by the planning, public works or building departments, reviewed before a grading, building or nonresidential plumbing permit. A single-family detached residence is exempt unless a department finds it could discharge significant pollutants.
Can the city inspect my property for stormwater compliance?
Yes. An authorized inspector under the director of public works can enter to investigate a discharge source, but must obtain your consent or an administrative inspection warrant or criminal search warrant when required by law. Inspectors can sample runoff and soil, run smoke and dye tests, and inspect records. You can request copies of monitoring results in writing.
How long do I have to fix a stormwater problem after a notice?
A notice of noncompliance under Section 14.40.060 states a compliance date that cannot exceed ninety days, unless the authorized inspector extends it an additional ninety days where good cause exists. Legal nonconforming connections have their own clocks: five years for structural improvements and six months after notice for nonstructural ones.

Sources & Official References

Other rules in Fountain Valley

All Fountain Valley rules

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