Editor's Note: Prior Ordinance history includes portions of Ordinance No. 1972.
[Ord. #2047, § 1]
The purpose of this Chapter, is to protect and improve water quality of receiving waters by:
a.
Reducing illicit discharges to the municipal stormwater system to the maximum extent practicable.
b.
Eliminating illicit connections to the municipal stormwater system.
c.
Eliminating spillage, dumping, and disposal of pollutant materials into the municipal stormwater system.
d.
Reducing pollutant loads in stormwater and urban runoff, from land uses and activities identified in the municipal NPDES permit.
The intent of this Chapter is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; the municipal NPDES permit and any amendment, revision, or reissuance thereof. |
[Ord. #2047, § 1]
a. BEST MANAGEMENT PRACTICE OR BMP CLEAN WATER ACT EXECUTIVE OFFICER GOOD HOUSEKEEPING PRACTICE ILLICIT CONNECTION ILLICIT DISCHARGE INDUSTRIAL ACTIVITY MAXIMUM EXTENT PRACTICABLE MUNICIPAL NPDES PERMIT MUNICIPAL STORMWATER SYSTEM OR MS4 NON-STORM WATER DISCHARGE PERSON POLLUTANT PUBLIC WORKS DIRECTOR RECEIVING WATERS REGIONAL BOARD RUNOFF STATE BOARD STORM WATER RUNOFF URBAN RUNOFF
Definitions Generally. For the purpose of the provisions of this Chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the context that a different meaning is intended:
Shall mean any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollutants in stormwater and non-stormwater runoff.
Shall mean Executive Officer of the California Regional Water Quality Control Board, Los Angeles.
Shall mean a best management practice related to the transfer, storage, use, or cleanup materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.
Shall mean any device through or by which an illicit discharge is conveyed into the municipal stormwater system without a permit, including but not limited to floor drains, pipes or any fabricated or natural conduits, excluding roof drains which convey only stormwater.
Shall mean the entry of any material other than stormwater unless such discharge is exempted under California Regional Water Quality Control Board, Los Angeles Region, NPDES No. CAS614001 [CI 6948] unless such discharge is allowed under a separate NPDES permit, including but not limited to a point source permit, a General Industrial Activity Storm Water permit, or a General Construction Activity Storm Water permit. Illicit discharge shall mean any discharge to the storm drain system that is prohibited under local, State, or Federal statutes, ordinances, codes or regulations. Illicit discharge includes all non-stormwater discharges except discharges pursuant to a NPDES permit or discharges that are excepted or conditionally excepted by such permit.
Shall mean any of the 10 classifications of industrial facilities specified in 40 Code of Federal Regulations § 122.26(b)(14) , defined by Standard Industrial Classification (SIC) and which is required to obtain a NPDES permit, not including construction activities that cause the disturbance of five acres of soil by clearing, grading, excavation, or a combination thereof.
Shall mean, within the context of BMP selection, choosing effective BMPs, and rejecting applicable BMPs only (i) where effective BMPs will serve the same purpose, (ii) the BMPs would not be technically feasible, or (iii) the cost would be prohibitive.
Shall mean California Regional Water Quality Control Board, Los Angeles Region, Order NO. 96-054, NPDES NO. CAS614001 (CI 6948) Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles.
Shall mean those facilities within the City by which stormwater discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and natural channels.
Shall mean any fluid discharge to the storm drain system and/or receiving waters that is not composed entirely of stormwater.
Shall mean, within the context of this Chapter, any natural person, firm, association, organization, partnership, business trust, corporation, or company.
Shall mean the same as it is defined in California Water Code § 13373 and includes but is not limited to garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or nontoxic chemicals, metals, including batteries.
Shall mean the Director of Public Works of the City of Compton.
Shall mean rivers, lakes, oceans, or other bodies of water that receive runoff.
Shall mean the appointed members of the California Regional Water Quality Control Board, Los Angeles Region.
Shall mean the portion of rainfall or irrigation water or other water activities also known as dry-weather flows that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or the land and carry them to receiving waters.
Shall mean the State Water Resources Control Board of the California Environmental Protection Agency (hereinafter "SWRCB").
Shall mean any surface water flow produced by rain or snow melt.
Shall mean surface water flow produced by non-stormwater resulting from residential, commercial and industrial activities.
[Ord. #2047, § 1]
a.
No person shall allow an illicit discharge to enter the municipal stormwater system.
b.
Any person causing an illicit discharge to the MS4 may be required by the Public Works Director to pay for the cost of clean-up and remediation.
c.
Any owner of any private property from which a non-stormwater discharge is observed may be required by the Public Works Director to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.
d.
The following non-stormwater discharges are not considered illicit discharges.
1.
Exempt discharges specified in the municipal NPDES permit, including flows from riparian habitats, diverted stream flows, springs, rising ground waters, uncontaminated groundwater infiltration; and discharges or flows from emergency fire fighting activities.
2.
Conditionally exempt non-stormwater discharges that have been determined by the Executive Officer not to be significant sources of pollution. Such discharges include, but are not limited to landscape irrigation, potable water, foundation drains, footing drains, air conditioning condensate, irrigation water, lawn watering, water from crawl space pumps, dechlorinated swimming pool discharges, individual residential car washing, street or sidewalk washing, or any other discharge that the Executive Officer deems not to be a significant source of pollution such non-stormwater discharges shall be conducted in a manner not in violation of other provisions of this Chapter.
3.
Non-stormwater discharges specifically allowed under a separate NPDES permit including but not limited to a General Industrial Storm Water Activity Permit or General Construction Storm Water Activity Permit.
[Ord. #2047, § 1]
No person shall intentionally place, litter, accumulate, maintain, discharge, or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans.
[Ord. #2047, § 1]
a.
No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the municipal stormwater system.
b.
Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.
c.
If any person fails to eliminate an illicit connection after being called upon by the City to do so, the Public Works Director shall take appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of such illicit refuse, residual oil, grease, or other pollutants that might otherwise be discharged to the MS4 by runoff.
[Ord. #2047, § 1]
a.
No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to stormwater runoff.
b.
The owner of parking lot surfaces, public or private, with a capacity of 25 spaces or more, shall cause the parking lot surface to be cleaned as often as necessary to remove refuse, residual oil, grease, or other pollutants that might otherwise be discharged to the MS4 by runoff.
[Ord. #2047, § 1]
Commercial facilities specified in the municipal NPDES permit shall implement BMPs prescribed by the Regional Board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit, or by the City's Director of Public Works, to minimize the discharge of pollutants to the MS4.
[Ord. #2047, § 1]
a.
It shall be a violation of this Chapter for any industry in the City that is subject to waste discharge requirements specified in the SWRCB Water Quality Orders No. 97-03DWQ Permit No. CAS00001, to operate without a NPDES General Industrial Activities Storm Water Permit.
b.
Industries that require a NPDES General Industrial Activities Storm Water Permit shall retain onsite the following documents which evidence compliance with permit requirements: (i) a copy of the Notice of Intent for General Permit to Discharge Storm Water Associated with Industrial Activity; (ii) a waste discharge identification number issued by the SWRCB; (iii) a Storm Water Pollution Prevention Plan and Monitoring Program plan.
c.
Any industry in the City requiring a NPDES General Industrial Activities Storm Water Permit shall, upon reasonable request from a duly authorized officer of the City, provide any of the documents described in paragraph b of this subsection.
[Ord. #2047, § 1]
a.
No person shall be granted a grading permit or shall commence or continue any construction activity in the City that causes the disturbance of five acres or more of soil by clearing, grading, and excavating without demonstrating to the City that such person has obtained a NPDES General Construction Activity Storm Water Permit from the SWRCB. NPDES construction activity does not include: (i) routine maintenance to maintain original inspections, compliance and non-compliance reports, evidence of self-inspection and good housekeeping practices.
b.
Any person engaged in a construction activity in the City requiring a NPDES construction permit shall retain at the construction site the following documents: (i) a copy of the Notice of Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction Activity; (ii) a waste discharge identification number issued by the SWRCB; (iii) a stormwater pollution prevention plan and monitoring program plan for the construction activity requiring the construction permit; and (iv) records of all inspections, compliance and non-compliance reports, evidence of self-inspection and good housekeeping practices.
c.
Any person engaged in a construction activity in the City requiring a General Construction Storm Water Activity permit shall, upon reasonable request from a duly authorized officer of the City, provide any of the documents specified in paragraph b of this subsection and shall retain said documents for at least three years after completion of construction.
[Ord. #2047, § 1]
Any person engaged in a construction activity subject to municipal NPDES permit, shall be required to implement BMPs specified by the regional board, its Executive Officer, or the City's Public Works Director.
[Ord. #2047, § 1; Ord. #2252]
a.
Standard Urban Stormwater Mitigation. Subject new development and redevelopment projects are required to comply with SUSMP conditions assigned by the City that shall consist of: (1) low impact development ("LID") structural and non-structural best management practices ("BMPs"); (2) source control BMPs; and (3) structural and non-structural BMPs for specific types of uses. LID controls effectively reduce the amount of impervious area of a completed project site and promote the use of infiltration and other controls that reduce runoff. Source control BMPs prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4. Specific controls are also required to address pollutant discharges from certain uses including but not limited to housing developments, retail gasoline outlets, automotive-related facilities, restaurants, and industrial and commercial facilities where pollutant materials are disposed, stored, or handled.
b.
Standard Urban Stormwater Mitigation Plan Review and Approval. An applicant subject to new development or redevelopment requirements shall submit a SUSMP for City review and approval, which shall be incorporated into the applicant's project plans.
c.
California Environmental Quality Act ("CEQA"). Any project subject to CEQA review, but is not specified in a redevelopment or development project category may be required to comply with any of the SUSMP requirements at the City's discretion.
d.
Stormwater Management/Watershed Management Program. The City's Stormwater Management Program ("SWMP") plan or watershed management program ("WMP") plan, whichever is in effect at the time of review, shall contain specific conditions and procedures for meeting Planning Land Development and SUSMP requirements. The program plans shall contain guidance documents to facilitate compliance including but not limited to an updated SUSMP guidance manual, a LID impact design manual, and USEPA's Green Street guidance manual.
e.
Certificate of Occupancy. As a condition for issuing a Certificate of Occupancy for new development or redevelopment project identified in paragraph a of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the stormwater pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirements.
f.
Transfer of Properties.
1.
The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP, or (b) to replace existing structural or treatment control BMPs with new control measures or BMPs meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.
2.
For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational material will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what stormwater management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
3.
If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.
[Ord. #2047, § 1]
A violation of any provision of this Chapter shall be a misdemeanor.
[Ord. #2047, § 1]
The City Manager or the Director of Public Works, or any designee thereof, may issue Notices of Violation and Administrative Orders to achieve compliance with the provisions of this Chapter. Failure to comply with the terms and conditions of such Notice of Violation or Administrative Order shall constitute a violation of this Chapter.
[Ord. #2047, § 1]
The violation of any provision of this Chapter is hereby declared to be a nuisance, and may be abated by the City in accordance with its authority to abate nuisances.
[Ord. #2047, § 1]
The remedies listed in this Chapter are not exclusive of any other remedies available to the City under any applicable Federal, State or local law and it is within the discretion of the City to seek cumulative remedies.
[Ord. #2047, § 1]
Whenever necessary to make an inspection to enforce any provisions of this Chapter, the enforcement officer for the City may enter any property in the City regulated by this Chapter in a manner authorized by State law.
[Ord. #2047, § 1]
The City Council may establish fees for the services provided under this Chapter and such fees shall be fixed and established from time to time by the City Council by resolution.
[Ord. #2047, § 1]
The City Manager, Director of Public Works, or any designee thereof, may recover from any other person who has been found in violation of this Chapter any cost incurred in issuing and enforcing any provision of this Chapter. Actual costs shall include, but are not limited to the cost to the City for the reinspection of the property, monitoring, clean-up, and the preparation, issuance and enforcement of any subsequent notice or order.