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Tustin, CA Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Core ban
illicit connections & prohibited discharges (§ 4901)
Intent required
none, strict liability (§ 4901(c))
Authorized inspector
Director of Community Development
New development duty
follow OC Drainage Area Management Plan
Infraction fines
$100 / $200 / up to $500
Misdemeanor penalty
up to $1,000 and/or 6 months (§ 4904)

Summary

In the City of Tustin, Section 4901 bars anyone from building or using an illicit connection to the storm drain system, or causing a prohibited discharge into it, and the violation applies whether or not the person acted negligently or on purpose.

(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. ... (c)A civil or administrative violation of this Section 4901(a) 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

Section 4901(a) makes it unlawful to construct, maintain, operate or utilize any illicit connection, to cause, allow or facilitate a prohibited discharge, or to permit an agent, employee or contractor to do either. Section 4901(c) removes intent as a defense: a civil or administrative violation occurs irrespective of the violator's negligence or intent. "Illicit connection" and "prohibited discharge" are defined in Section 4900, covering the storm water drainage system, gutters, channels, storm drains and any waterway the system feeds, with a narrow discharge exception for things like storm water itself, permitted NPDES discharges and residential lawn watering runoff.

Section 4902 requires new development and significant redevelopment to follow the Orange County Drainage Area Management Plan and any conditions imposed by Community Development and Public Works before a grading, building or plumbing permit issues. The Director of Community Development acts as the "authorized inspector" under Section 4900 and can inspect property, issue a notice of noncompliance, an administrative compliance order, or a cease and desist order under Section 4904, with a right to an administrative hearing if the recipient files an appeal within 30 days. Costs of enforcement, and any nuisance abatement, can become a lien against the property under Government Code Section 38773.1 and 38773.5.

Violations & Fines

Section 4904(c) lets the City Attorney or District Attorney charge a violation as an infraction, punishable by a fine of not more than $100 for a first violation, $200 for a second, and up to $500 for each additional violation within a year, or as a misdemeanor punishable by a fine of not more than $1,000, imprisonment of not more than six months, or both. Each day of continued noncompliance is a separate violation, and the City can also seek civil damages, injunctions and cost recovery through a special assessment lien on the property.

Frequently Asked Questions

What counts as an illegal storm drain connection in Tustin?
Section 4900 defines an illicit connection as any man-made conveyance, pipeline, conduit, inlet or outlet through which a pollutant discharges, or may discharge, into the storm water drainage system, unless it is a legal nonconforming connection that existed and complied with the rules in place before the chapter's adoption.
Do I have to prove intent to be cited under the stormwater ordinance?
No. Section 4901(c) states a civil or administrative violation occurs irrespective of the negligence or intent of the person who constructed, maintained, operated or utilized the illicit connection, or who caused or allowed the prohibited discharge.
What happens if new construction in Tustin doesn't follow the drainage plan?
Section 4902 requires Community Development to review and impose conditions tied to the Orange County Drainage Area Management Plan before issuing a grading, building or non-residential plumbing permit, and failing to implement those conditions afterward is itself a chapter violation.
How much can a stormwater violation cost in Tustin?
Section 4904(c) allows an infraction fine of up to $100 for a first offense, $200 for a second and $500 for each additional offense within a year, or a misdemeanor fine of up to $1,000, up to six months in jail, or both, plus recovery of the City's enforcement costs.

Sources & Official References

Other rules in Tustin

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